Get free answers to your Intellectual Property legal questions from lawyers in your area.
I’m looking to create a mobile program that allows kids to create their own stories by supplying them with art assets and allowing them to write in text. If this patent is that exact thing, is there a way around creating that or am I completely blocked on making this program? When does the patent... View More 
answered on Nov 7, 2017
Thanks for caring enough about doing the right thing to ask a question. The technical term for what you are asking is called freedom to operate (FTO) or sometimes "clearance". You are asking whether there are concrete legal rights that exist that would impinge on your freedom to operate... View More
answered on Jul 7, 2017
Are you saying you're a web designer and you created a website for a pizza place, and someone copied and rebranded that website as Stacia's Gourmet Pizza?
If so, how much of your work was copied? What elements: images, text, html?
Or are you saying that Stacia's... View More
Say I had a Red Wings jersey that looked like the real jersey but was not real because of the stitching, straps, etc. But the jersey did not say Reebok or NHL anywhere on it. Would it still be illegal to sell would I be infringing on any IP?
answered on Apr 29, 2017
The key question in trademark law is whether there is a likelihood that a consumer would be confused about the source of the jersey. There are a bunch of parts of a jersey that might indicate its provenance, including the design, the team name, any logos, team colors, etcetera that could all be... View More
I have a brochure I made in 1998 I only have the one copy that I mailed myself to protect the work. I want to update it but don't want to lose any protection I might have by opening the envelope. Is it protecting me, and thus needs to remain unopened, or is that an urban myth?
answered on Feb 24, 2017
This is an urban myth. Original creative works receive copyright protection as soon as they are created in some retrievable form, that is, when they're written or printed. Mailing yourself the work does nothing to enhance that copyright protection. However, filing for statutory copyright... View More
I'm using many famous action movie/tv icons but with slightly or totally different names and personalities as characters in my book. The story is original, but mocking fantasy and sci-fi tropes. For example I spoof Mick "Crocodile" Dundee by making a character named Paul... View More
answered on Jan 21, 2017
You should speak with a qualified entertainment attorney regarding all the facts of your situation. Your treatment of these fictional characters may be considered "fair use", and the subject of first Amendment expression, which includes biographical, historical, satirical, and parodic... View More
A dice manufacturer has made dice for games like dungeons and dragons that are rainbow pattern. By Layering different colored resin on top of resin until the die is completed. Can this be copyrighted? They said they put in a copyright that protects this in the USA. But I can't find it.
answered on Sep 13, 2016
A copyright springs into being automatically when a work is created in a tangible form, however, registering the copyright with the U.S. Copyright office gives the copyright holder more rights to pursue a remedy if the copyright is infringed by others. You may want to read the general FAQ... View More
My husband started a business in OR with partner, they had me work on website, logo, etc. Now. Husband has left the business after 3 months and I never got paid for my work. The redemption was signed and didn't include my fees, but I was under the impression that I would get paid. Two... View More
answered on Jul 6, 2016
A work can be "made for hire" under some circumstances, and in those circumstances, the person who hired the work can be the work's owner. If there was any understanding that the work (logo & site) was to be paid for in order to be used, then you can stop the person from using... View More
answered on Jul 6, 2016
Did you register your trademark with the USPTO (http://www.uspto.gov/trademark)? Or did you register your trademark with the state? Each have their own procedures for address changes. If you have an online account with the USPTO, you can log in and update your account there, and they at times... View More
answered on Dec 17, 2010
Only a "claimant" to a copyright can register it. You are not the "author" you so you can not claim ownership through authorship. However, assuming your grandmother is dead, and your are her sole heir, you may be the copyright owner under the laws where your grandmother died.... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
