Kevin Andrew Thompson's Answers

Copyright and Likeness laws

Interesting question, and too bad the lawyers trying to answer this first were from California! Of course you were referring to the Chicago Cubs. I agree with my colleagues that you need to be very careful to avoid making it seem like the Cubs are endorsing your artwork, or are otherwise affiliated with you. It is a very fact specific situation, however, so a general answer to your question won't help you very much. You will need to speak with an attorney to determine how best for you to...

Do I need a Lawyer for online modeling picture use?

Traci, I agree with my colleagues who posted previously that we need more information to answer your question properly. If they took your images without your permission then you may have a cause of action. However, your use of the term "modeling pics" makes me wonder if you have already granted permission in some way for the use of the pictures. For example, did you ever have an agreement with a modeling agency or with an image database like Getty Images for the use of your photos?...

Is describing how someone does business using their trademark?

Without knowing the specifics it's hard to answer your question generally, but I'll try. There is a doctrine in trademark law called Nominative Fair Use, where you are merely naming another company or product, or possibly doing comparative advertising. So long as you are only using the minimum of the other company's trademarks (i.e. using the MCDONALDS word mark versus the Arches logo, or an image of Ronald McDonald) to merely name the other company then you have an argument that the...

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What are my rights when someone is impersonating me on a social media site?

I've had good results using the guidelines found here on Twitter's page regarding impersonations - http://support.twitter.com/groups/33-report-a-violation/topics/122-reporting-violations/articles/18366-impersonation-policy It's your best course of initial action. If that fails, you might want to speak to an attorney, depending on what Twitter's response actually is. Disclaimer - the answering of this question does not create an attorney-client relationship. Further, this answer is for...

What is the cost and procedure to do an international trademark of a brand name?

I have done this a lot for my clients, but the costs will depend on what countries you want to protect so I can't give you a straight estimate without more information. Filings under the Madrid protocol are a possibility, as well as protection in the European Union through a Community Trademark, or through direct filings in countries. The answering of this question does not create an attorney client relationship. Further, this answer is not specific legal advice.

Freedom of speech on the internet

To the extent that you may have issues with your employer under Indiana law, I am not licensed there and cannot give answers to those types of questions. However, I can answer the "status shuffle" part of your question. You are generally liable for what you post, but status shuffle presents an interesting problem because you likely did not select what it posted. Still, you did sign up for it and authorize it to change your status, so you still could be held liable for whatever the...

Would it be trademark infringement because I use a common word - "Memory" - that a company says they have trademarked?

I've had this exact situation come up for clients in the past. The answer depends on exactly what registrations the company that sent the letter has, and what your mark is, and your product. I agree with my colleagues, this is not a situation where a public forum will provide you with a useful answer. You will need to speak to a trademark attorney.

If I draw a picture of an commericial aircraft, and then sell prints of that picture, do I fall under copy right infringement?

Forgive me for disagreeing with my colleagues who have already answered this question as "No." The correct answer is yes, it may be, but it depends. If a person viewing the picture you drew thought the owner of the commercial aircraft was affiliated with the artist, then yes there may be a problem. From the article linked to by Ms. Koslyn: "What trademark law does forbid is using a trademark in a way that can cause confusion regarding the affiliation of the trademark owner to the image. If...

Is it considered infringement if I take an exisiting company's trademark and add additional words

It may be considered infringement by the company in Australia. You don't say whether the registration is here in the USA or in Australia that you're concerned about, so I presume it's a US registration. Even if their registration has lapsed, they may have common law rights if the product is still being sold (or has been sold) here in the USA. Since you mention it is a "very active company" there is a good chance of that. There are a lot of factors which go into a determination of...

I am in the final process of receiving a trademark and recently found the name I am trademarking was copyrighted in 1991

You have raised an interesting question which implicates Federal trademark law as well as common law trademark rights. You are correct that titles of single works normally do not qualify for copyright or federal trademark protection. Still, the company or person may have common law rights based upon their use of the mark in commerce. You should discuss these issues with a lawyer in your jurisdiction.