I have a publishing company and competitors are talking bad about me from just a simple comment to a really bad one like I am a drug dealer and I laundry money for drug Mexican cartels. Do I need some proof from the people that had been telling m...
Yes, you do need proof -- proof that your competitors made disparaging statements of what appear to be fact; proof that they are in fact false statements; and proof that these statements have damages you or your company or could damage you in some concrete way.See question
Can you enforce a copyright for a movie about a celebrity, such as Bruce Lee, without having obtained a license from Bruce Lee or his estate to make that movie?
Yes, you can.
If the work is original and you own the copyright, the fact that others, their heirs or their licensees may have claims against you -- as the other responding attorneys here have explained, as usual, very comprehensively -- would not bar you from still enforcing your copyright in the work. But if you ultimately were required to disgorge your profits from that movie, or worse, such copyright enforcement may be a Pyhrric victory for you!See question
Is there any legal recourse that can be taken to remove blog entries and stop future postings? We have spoken to this person many times, he has continued to defend his blog and continues to post personal stories and history that is based on 1/2...
Unfortunately, while there may be, technically, a way to get him to stop -- you may be able to bring a defamation suit against him if he is making factually false claims that are harming someone -- it's almost always a bad idea to do so. Few such claims succeed; it is expensive to bring them; and the publicity resulting from filing the lawsuit always ends up bringing more attention to the blog posts you don't want people to see than they ever would have gotten otherwise.
This is not legal advice, just practical advice: This person is clearly thriving, as you say, from the attention he is getting with his little project. And as an adult you know exactly what is the best way to battle such childish behavior: Deprive it of oxygen by leaving it alone. Stop clicking, stop commenting, and just see how fast (even if there's a brief and unpleasant up-tick of desperation) he stops blogging.See question
I have purchased Logo stickers from a officially licensed dealer and would like to adorn a new product to sell with the purchased logo. Is this copyright infringement or does the first use doctorine apply? Thanks Tom
Indeed, this sounds like a trademark problem. And when dealing with Major League Baseball, you don't want to even get close to that sort of "problem" -- they are very aggressive with their IP rights, both real and imagined.See question
I have an original painting from the first decade 1900's. I have done an exhaustive search on the artist and there are no pictures or information on this piece anywhere. Legal Q...If I take the picture to have it reproduced for myself and then lo...
As usual, Pamela Koslyn has done a great job answering. As you can tell from her answer, you are really going beyond the strict confines of copyright law into the realm of "art law," and considering what you seem to be contemplating, you need to sit down with a qualified lawyer who is experienced in that field and to get the advice you need specifically tailored to you.See question
I am wondering if it is legal to reproduce famous pieces of art by long dead artists in order to sell at a market.
OK..well basically I took the logo of Arkansas State University (a red wolf head) and put it on the body of the Panther cat of the NHL Florida Panther's logo. In microsoft paint I changed the color of the panther from yellow and blue to red and bl...
You have really reached the point where, one way or another, in order to get an answer on which you can really, you will have to find a lawyer who will help you out, perhaps even pro bono or for reduced fee. This should not be that difficult in the area where you live!See question
With regard to the P90X questions on this website. The law firm is alleging that counterfeit DVD's were being sold on eBay Does the law firm have a legitimate case without an actual hard copy of the DVD? Are they allowed to ASSUME the DVD...
Ultimately they do have to prove that the DVD's were counterfeit, yes. There are ways to do that without having the actual hard copy of the DVD, however. That does not mean they will be able to. Furthermore, even if the DVD's are only "available" through certain "approved" sellers, they have no right to prevent anyone from reselling the DVD once he owns it.
Your question ultimately will not be able to answered until you say whether or not the DVD really were counterfeit or not, and you lay out -- ideally to an experienced attorney -- all the facts and circumstances.See question
I have created a card for the holidays with The Grinch on the cover. If I am not selling these cards, but sending them out to clients, am I in any copyright violation of Dr. Seuss' book and or the latest movie? Thank you! Ben
What you are describing is, in fact, a copyright infringement.See question
Is my website URL domain infringing on the trademark of a company who has trademarked the term without dashes in the name? For this example lets say my informational website domain is "www.All-About-Legal-Advice.com". I found out the term "All ...
The questions you ask at the end -- "Don't know if it means anything" -- probably don't. But to get the answers you are looking for, you have to sit down with the actual trademark and an actual trademark lawyer and see just what rights the other party has, what rights it could have, when it had them, etc. It is very possible that you can continue doing what you're doing, but the specifics make all the difference in the world.See question