Brett J. Trout's Answers

Can I take photos of dogs on the web and turn the photos in to cartoons and put them on tshirts?

The following information is not legal advice, is provided for educational purposes only and does not constitute formation of an attorney-client relationship. As the law varies from state to state, contact an attorney in your state before taking, or refraining from taking, any action which may affect your legal rights. Unless the photographs were published prior to 1923, you have to obtain permission to use them. Be careful. Even if a website asserts photographs are in the "public domain" or...

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Will a trademark be approved for registration if it contains same letters as a famous brand name that is already registered?

The question is one of "likelihood of confusion". If it is likely that consumers would be confused that the makers of Dove are the source or origin of the product you sell, it is unlikely the USPTO will approve your federal trademark application.

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Legal liability of an employee whose startup employer is infringing on intellectual property

The following information is not legal advice, is provided for educational purposes only and does not constitute formation of an attorney-client relationship. As the law varies from state to state, contact an attorney in your state before taking, or refraining from taking, any action which may affect your legal rights. While copyright law is federal, employment law is generally governed by various state laws. The issues surrounding violating terms of use and copyright infringement are...

I invented something, but I have no idea of what I need to do to make it happen.

The first thing you should do is to meet with a patent attorney who has experience drafting patents in the area of your invention. Many patent attorneys offer an initial free consultation to determine your goals, what your invention is and how best to protect your invention to meet those goals. The patent attorney should also be able to assist you in protecting the name of the product with a trademark. Bear in mind that not all patents are created equally. An experienced and knowledgeable...

Is there a loop hole in the copyright laws concerning the copying of text books.

United States copyright law does have a narrow "fair use" exception based upon: 1) The purpose and character of your work-Are you making money from the copies? 2) Nature of copyrighted work-Is it a form book meant to be copied? 3) Amount of work taken-Are you taking 90% of the work or 2%? 4) Economic impact of taking-Are you taking the 2% that makes people want to buy the original? There are other important considerations, such as whether you will be using the material in a classroom...