I run a golf academy and have a very successful ladies program "FORE The Ladies". Recently, a neighboring course who hired an ex-employee of mine, began running ads with the Program name "Fore the Ladies" and use a very similar typeface in their paid marketing.
This has... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024
In the United States, even if you haven't federally registered your trademark, you may have some protections under common law trademark rights. Common law trademark rights are established through the actual use of a mark in commerce in connection with goods or services, and these rights are... View More
I have heard that most people selling fan art are small enough that they never end up getting in trouble, and I watched a lot of youtube videos where they said the most common first response if someone's art gets popular enough to be noticed is to get a 'cease and desist' letter.. is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024
If you've been selling fan art and the copyright holder decides to take action, the initial step they might take is sending a 'cease and desist' letter. This is indeed a common first move. It serves as a formal request to stop the infringing activity. If you comply with this request... View More
I have heard that most people selling fan art are small enough that they never end up getting in trouble, and I watched a lot of youtube videos where they said the most common first response if someone's art gets popular enough to be noticed is to get a 'cease and desist' letter.. is... View More
answered on Apr 5, 2024
The copyright holder (or their legal team) often starts by sending a cease and desist letter. After the cease and desist, there might be a period of negotiation or mediation to try and resolve the situation without going to court. This could involve agreeing to cease sales permanently, potentially... View More
There are many books out there describing the meanings etc of the classic 78 tarot cards but it is super hard to actually remember all of the information since it is so isolated.. so I was wondering if I could write a book explaining the meaning of each card by using an examples of characters and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2024
When using copyrighted characters and plots, particularly from well-known creations like Miyazaki's films, for your own published works, you're navigating complex copyright laws. These laws typically protect original creative works from being used without permission, especially in... View More
I see there is a trade mark for these words. Thank you!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024
When considering the use of "Line Life" for t-shirts you plan to sell, it's important to be aware of existing trademarks on these words. Trademarks are designed to protect the brand identity of businesses across various products and services. If "Line Life" is trademarked... View More
The 501(c)6 nonprofit for which I volunteer has used collages including some copyrighted images to inspire our members' participation in weekly themed events. The organization does not directly benefit from these events, while the members can and do sell items from these promotionals. Each... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024
When evaluating the use of copyrighted images, the concept of fair use is pivotal. Fair use allows for limited use of copyrighted materials without permission from the copyright holder under certain conditions, such as for educational purposes, commentary, criticism, or parody. However, determining... View More
answered on Feb 28, 2024
Sorry, but there is really not much that can be done now.
Firstly, patents expire. When a patent expires, the owner is not able to enforce it anymore. Your father's patent, if i issued in 1968, would have expired in 1985.
If the patent expired in 1985, and if someone... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024
If your father held a patent from 1968 to 1983 and you believe his invention was unfairly used after his passing, it's crucial to understand the specifics of patent laws. Patents typically protect inventions for a limited time, which for many countries is 20 years from the filing date. Since... View More
.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
The word "paramount" is not typically trademarked or copyrighted in its generic usage. However, it's essential to consider the context in which the word is used. If "paramount" is being used as a brand name, title, or slogan in connection with specific goods or services, it... View More
The copyright on the book says March 1969 with the church publishing house as the owner. The author-pastor (also my father) died three years ago. The church and its publishing house (ie printing dept) closed 20+ years ago. Now people want to e-publish the book and give it for free. As the daughter,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
The question of copyright ownership in a situation where the author is deceased and the original publisher is no longer operational can be complex. Under U.S. copyright law, the rights to a work created and published before 1978, such as your father's book from 1969, typically last for the... View More
Trademark serial #77116771
answered on Jan 14, 2024
If a trademark was abandoned recently, you may be able to file a petition to revive the mark. However, if the trademark has been abandoned for an extended period of time you will need to re-file the application with the USPTO in order to regain rights in the original trademark filed. Many trademark... View More
Trademark serial #77116771
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2024
To revive or renew a trademark that was filed in 2007 but later abandoned, you'll need to start by understanding the current status of the trademark. If the abandonment was due to a failure to respond to an office action or failure to file required maintenance documents, the approach might... View More
Trademark serial #77116771
answered on Jan 14, 2024
The intent-to-use application for EMBERFLY was allowed in 2007, but no statement of use or request for extension was filed. There has been no other application for the same mark. The same application cannot be revived, but a new application should be filed with a statement and specimen of use,... View More
I'm creating a board game that will only be for personal use right now but might make commercially available in the future. if I were to make a card for the game that depicts a pair of inflatable shoes called "Pumped Up Kicks" in reference to the song, maybe adding a description with... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023
Using the phrase "Pumped Up Kicks" in your board game, especially in a way that references the song, could potentially raise copyright issues. The title of a song can be protected under copyright law, particularly if it's distinctive and closely associated with the copyrighted work,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023
If Instagram is denying your trademark request, it's crucial to review the submission. Ensure that all the documentation you're providing is accurate and complete. This includes proof of your registered trademark and any evidence of its use in commerce.
Sometimes, the issue could... View More
I am making a commercial for our company that does paint restoration on vehicles. In the advertisement we show a multitude of vehicles from a distance. Including a Range Rover, Infiniti, GMC, Dodge etc. We make no mention of partnerships or claims of poor quality, just show some before and after... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023
In Washington, as in most states, the use of manufacturer emblems in advertising can be a complex issue, primarily governed by trademark laws. The key consideration here is whether the use of these emblems could potentially cause confusion or imply an endorsement or affiliation with the vehicle... View More
I teach technical classes for my business and a handful of training companies. I write the scripts and there is an agreement that I own the copyright for the text. However, the videos I film and one of these companies edits have a copyright notice that only mentions the publishing company. This... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023
Under California law, if you have an agreement stipulating you own the copyright for the script, then your rights to the text should be protected. However, the final video product is a separate work, and if the publishing company holds the copyright for that, it may be within their rights to place... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023
Taking over an abandoned trademark requires filing a new application with the United States Patent and Trademark Office (USPTO). The cost is determined by the type of application you file and any associated legal fees. If you're represented by counsel, their fees will vary based on their... View More
Specifically, the popular website musescore.com has scores that are "official" and cannot even be downloaded by subscribers, but musescore developers published the scores online, saying "fire us". Therefore, I am assuming that those files are illegal or pirated. Is it illegal to... View More
answered on Jul 2, 2023
Copyright in works generated with AI, and use of copyrighted materials in AI training are hot topics lately. The US Copyright Office has issued guidance on the subject which can be found here:
https://www.copyright.gov/ai/
The important legal point is that copyright registration... View More
is the actual product SOLAWAVE 90185508 sells patented - or can another company sell the same product with different branding?
answered on Jun 22, 2023
The product shown in trademark registration number 90185508 for SOLAWAVE appears to be registered as a design patent under D968633 for SKIN TONING DEVICE. Thus, a third party could not simply market an identical product under a different brand name without risking infringement of Solawave's... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
