Maurice N Ross's Answers

How can one best protect against trade dress/trademark infringement if one creates a public web site as described below?

The issue here is whether copyright protection in the design of Facebook's site would be infringed by this parody news site. My best guess is that this would be protected under the fair use doctrine. However, fair use and parody requires a sophisticated, complex analysis. If you are attempting to engage in political or social commentary, you have a much better chance of success in sustaining this defense than if your use is for what appears to be more commercial---such as comedy. There is...

Selected as best answer

I wrote a story (it has copyrights) & the catalog that sells it wrote a work book based on it without permission, What can I do?

You need to immediately retain copyright litigation counsel to enforce your rights. While it is possible that this can be resolved by negotiation, your position would be significantly enhanced if you were represented by counsel who could threaten litigation. the "catalog" company seems to have infringed your copyrights by preparing a derivative work based on your original work.. Their offer to pay royalties is too little--too late. They should have obtained your permission before engaging...

9 lawyers agreed with this answer

1 person marked this answer as helpful

Is it illegal to produce and sell mass multiplayer game trainers?

Your question is not clear. But if your memory function involves copying components of existing games for training purposes, that would constitute copyright infringement. Further, it sounds like your "game trainers" would be derivative works which you could not make, use or sell without permission from the owner of copyrights (or in some cases patents) in the games. Also, to the extent you attempt to use trademarks (which may include game names) to market your game trainers, you could create...

Selected as best answer

Probate/wills: Can a Facebook photo with asset stuff written on it as a will count as a will?

No. To be enforceable, a Will must comply with certain formalities, including execution by the deceased, preferably in front of two or more witnesses. Further, a will must clearly express the wishes of the decedent---I doubt that the facebook photos would be deemed sufficiently clear to express a decedent's will.

7 lawyers agreed with this answer

Is it legal to list and provide details for businesses on my website?

I am not sure what you mean by "auxiliary businesses". If you compile and publish an original list containing contact information for businesses, this should be perfectly legal. Further, if you lay the proper legal foundation, you can operate a web-site that allows for reviews and ratings of these businesses. But guess what---you are proposing to become a publisher. And anyone who operates a web-site that publishes content concerning other businesses, needs to work closely with IP counsel---...

Selected as best answer

If someone takes a picture of a celebrity and copyrights it, what ownership rights does the celebrity retain?

Under the law of California, New York and most states, celebrities have a right of publicity. This means that it is illegal for someone to receive commercial benefit by suggesting that his product or service (in this case a fan club) is associated with or endorsed by a celebrity. You are running a fan page, it is perfectly fine for you to post articles that report news about a celebrity or express opinions, about the celebrity. In connection therewith, it might be appropriate to post...

Selected as best answer

An internet company is using an image of me on their website to advertise their product.

You have strong and potentially valuable claims for violation of your right of publicity and unfair competition under New York law. The copyright claim in the photograph belongs to the photographer unless you acquired the rights to the copyright in the photograph from the photographer. if the photograph was a work for hire for which you paid a fee to the photographer, then you might have a claim for copyright infringement. However, you can only bring such a claim after the photograph has been...

6 lawyers agreed with this answer

1 person marked this answer as helpful

Artistic painting on an existing character, but not directly from an existing image.

The issue here is whether your original painting, inspired by a well-known character, would be sufficiently transformative as to be protected by the first amendment/fair use doctrines (which are two sides of he same coin---the fair use doctrine is what makes copyright and trademark law legal in view of the First Amendment). While theoretical discussions are fine, no lawyer can answer this question without actually seeing your work, and making a judgment as to whether it is transformative or...

Selected as best answer

I'm the CEO of a Tech startup and need a our business plan evaluated for patentability.

The low cost estimates of some of my colleagues surprise me. Frankly, I could not begin to give you an assessment of costs without knowing a great deal more about your business, its technology, and its competitors. It is critical for any start-up company to lay the proper legal foundation---particularly with regard to intellectual property rights. If your business infringes patents or other IP rights held by others, you could face a financial disaster. Thus, the most critical issue for you is...

Selected as best answer

Is it legal to air TV programs on your TV station that are not yours?

You must acquire a license before airing this program---if you fail to do so this would be a blatant violation of copyright law. The process is to contact the owner or administratator of the copyrights and request a license. There is no way to estimate the cost of obtaining such a license without knowing more about the program, its popularity, its viewership and many other factors. Also, you have no right to a license---the copyright owner can refuse to allow you to show the program. If you...

Selected as best answer