The other party may have some remaining rights to the trademark. To know for sure, an attorney would need to perform a trademark search. Assuming the prior registrant has no rights; yes, someone else could apply for the trademark.

Basic design elements are protected by copyright as part of broader designs. Although, you cannot prevent someone else from using basic design elements (fonts, letter, shapes) by using them in your own copyright protected work.

This is a common fear. Unfortunately, if you never tell anyone about the idea it will be hard to move forward.

If you product has new features not found in other products, then you may be able to protect the idea with a patent application. Once you have a patent application on file, then... View More

$16,000,000 is a lot of money. Even 5% or 10% is a significant money to walk away from.

If you can prove what you say, then ex-manager may have a serious problem on his hands. A person cannot just patent someone else's invention. It is thus possible that the patent is invalid. I am... View More

Hi, yes. First, when you create a book or a piece of art on your own idea, technically you have the copyright. However you can also register it with the US Copyright Office in order to enforce your right, i.e. suing other people if they fringe on your right. It is simple and you don't need a... View More

The best practice is to have a contract that specifies who owns what. If left to a verbal agreement, the others may be able to claim rights to their contributions and/or rights to the follow up stories as joint authors of derivative works.

To prevent or cancel a trademark registration you must to file an opposition or cancellation proceeding (depending on the timing) and pay the required fee. The fee ranges between $400 to $500. You also must have standing to challenge the mark. This can be accomplished by showing you would be... View More

You should not be concerned that a patent attorney is going to steal the idea underlying your potential patent application. There are robust legal protections in place to protect your private and confidential information when you discuss legal matters with an attorney. If an attorney were to... View More

You've asked two different questions here:

(1) why aren't people who create gifs from copyright content sued and

(2) how can you create gifs and ensure you aren't sued.

To respond to the first question: someone has to enforce their interest in copyrighted... View More

You would likely need the permission of both the DJ and the creator of the popular hit.

This is a "fair use" question. Your goal is to let your customers know that your product is intended for use with Bullet Journal. Conveying that message in the app name would be an obvious benefit to you. The problem is that the holder of the Bullet Journal and BuJo trademarks might... View More

There are two ways to protect recipes: Patents and Trade Secrets.

Recipes can be patented, and the strength of the patent will depend on the novelty of the invention. I don't have a lot of info about your recipes, but my general inclination is that patenting is not the best means for... View More

Maybe. That depends on at least a few things:

1. Whether the UK architectural plans are creative enough to even give the author a copyright. Not all architectural plans or designs are sufficiently unique, because there are only so many ways to lay out a residential home.

2.... View More

Congratulations on your new business venture. I hope that it is profitable.

And congratulations about worrying about this issue now, and not when you are getting cease and desist letters.

Your question has to do with “trade dress”: the appearance, the feel, the packaging, the... View More

Copyright (the right itself) arises as a matter of law at the moment of creation. There is nothing further one must do to acquire a copyright. However, enforcing a copyright through an infringement action requires that one register the copyright before filing a lawsuit.

Your particular... View More

Copyright law used to require that the person seeking copyright for compilations must do more than compiling data. This was the "sweat of the brow" doctrine.

That has changed, however. A compilation of data can be copyrighted, but is must only contain the "facts."... View More

The quick answer is that a bread maker that makes loaves of bread in the shape of the US is patentable subject matter. Unfortunately, the short answer is not very informative because what you really need to know is whether the invention is also both novel and nonobvious. This is where a patent... View More

You automatically own the copyright in all artwork you create whether or not a piece is registered with the U.S. Copyright Office. Absent consideration (payment) or an agreement transferring ownership or licensing rights to the band, you can terminate non-consented use by sending them a notice... View More

Short phrases or statements cannot be copyrighted. This is in the area of trademark infringement and the primary question, as to whether you're permitted to use that title, relatively free of risk, is the danger of confusion among consumers.

You should consult with an attorney who... View More

Your question raises multiple concerns:

(1) Is it legal scrape from public websites?

(2)(a) Is it legal to repost that data as your own, or

(2)(b) use that data in creating your own content?

Is it legal to use a webscraper? Generally yes, as long as the scraping is... View More