John Robert Crossan’s Answers

John Robert Crossan

Chicago Litigation Lawyer.

Contributor Level 11
  1. Do I own my own image?

    Answered almost 2 years ago.

    1. John Robert Crossan
    2. Bruce E. Burdick
    3. Maurice N Ross
    4. James Michael Slominski
    4 lawyer answers

    Newspapers are archived in most public and university libraries and now on-line. As a then-"famous" person you have no right to your own image as published long ago - the newspaper would, and perhaps the photographer, but not you as the once-famous subject of the photos. You might have some sort of action under state law if the photos are demeaning to you presently, or the newspaper or photographer might like not to have its photos resold, but that is their business, not yours. Best wishes.

    6 lawyers agreed with this answer

  2. Patent infringement lawsuit

    Answered over 2 years ago.

    1. John Robert Crossan
    2. Ross Lee Franks Jr
    3. Mario Sergio Golab
    4. Maurice N Ross
    5. Michael F. Brown
    5 lawyer answers

    Besides loss of the patent by invalidation (as for prior art, failure of disclosure, derivation from another, etc.) or for inequitable conduct (concealing known prior art, misleading an examiner, etc.), and for any of 50 other reasons, and paying your own attorney fees and expenses of the suit (filing costs, depositions, travel, expert fees, etc.), you can be held liable for defendant's attorney fees in an "exceptional case" and for court costs (including deposition fees, witness fees, expert...

    4 lawyers agreed with this answer

  3. Can i own the trademark and copyrights of my art separate from my company?

    Answered almost 4 years ago.

    1. John Robert Crossan
    2. Pamela Koslyn
    3. Bradlee Ralph Frazer
    3 lawyer answers

    Yes, you can own the copyright and the trademarks but you may and should have a written license agreement with the company that the company may exploit all rights in the works so long as you remain affiliated with the company, or it buys out your rights for an agreed (now or then) price. Register in your own name the claims to copyright as soon as you have created the artwork, logo, etc.; apply in your own name to federally register the trademark words, logos, etc. and license the company in...

    Selected as best answer

  4. I have received a notice from my ISP saying that I had a copyright infringement. What should I do?

    Answered over 2 years ago.

    1. John Robert Crossan
    2. Kevin Brendan Murphy
    3. Nicholas Bernard Proy
    4. Bruce E. Burdick
    4 lawyer answers

    $200 to the Copyright Enforcement Group is a bargain; the only other alternative is to image your hard drive to an external device (Best Buy has had them, $34 for a refurbished 320GB hard drive, and imaging (not backup or even cloning) software is available on the Internet for download for free). Then tell CEG that you did not download the movie and that you have imaged your had drive and will not pay any money. If they come after you then you must respond to the Complaint and all civil...

    4 lawyers agreed with this answer

  5. Can I paint an original design on pants (say a pair of Guess Jeans) and sell them for profit?

    Answered over 1 year ago.

    1. John Robert Crossan
    2. Dariush G. Adli
    3. Frank A. Natoli
    3 lawyer answers

    Yes, you can paint on jeans just as others paint on T-shirts, and sell or re-sell them at a profit, so long as you make clear to purchasers that the painting, but not the underlying garment, is yours. The only way a serious issue could arise is if Guess, for instance, sold its own jeans with its own painted-on designs that yours would likely be confused with. So long as you identify yourself as the artist there should be no issue with this work. Best wishes.

    Selected as best answer

  6. Assignment of Intellectual Property

    Answered over 4 years ago.

    1. John Robert Crossan
    2. Bruce M. Kanuch
    3. Daniel Nathan Ballard
    4. Maurice N Ross
    4 lawyer answers

    This is a complex area - sorry. Generally, depending on state law, employees not hired to make inventions and not having an employment contract to the contrary are not required to assign all rights to their inventions even within the field of their employment to their employer -- but, if the invention was made using the employer's time and/or materials, the employer will have a "shop right" to use the invention for its own purposes (i.e., not for manufacture or sale to or use by others)...

    Selected as best answer

  7. Expanded use of registered service mark

    Answered over 2 years ago.

    1. Angela Small Booth
    2. John Robert Crossan
    3. Marina Teresa Larson
    4. Bruce E. Burdick
    4 lawyer answers

    Existing registrations cannot be amended with new goods, only by having existing claims to some of the goods canceled. File a new application for registration claiming the same mark for all the old and the new goods if in the same, old class, or for just the new goods if in a new class. Note the existing registration for the mark so it will not be cited against the new application. Experienced TM counsel can help you through all this.

    3 lawyers agreed with this answer

  8. Trademarks: If multiple companies use the same name of a product, does that mean you can join in? Perhaps filing a trademark ?

    Answered over 2 years ago.

    1. Molly Cristin Hansen
    2. Michael James Duffy
    3. Daniel Nathan Ballard
    4. James Juo
    5. John Robert Crossan
    5 lawyer answers

    PLEASE EVERYONE STOP!! saying "trademarked" - that quasi-verb has no certain meaning. If a word, symbol, color, etc. is used to identify goods or services as coming from one particular source, that word etc. is a "trademark" (or it is alternatively a "service mark" if the mark is applied to a service rather than a product). If the trademark is not registered, including being the object of a merely pending federal application for registration, it is a "common law trademark". If it is...

    3 lawyers agreed with this answer

  9. Intellectual property law/Cybersquatting

    Answered over 3 years ago.

    1. Laurence S Donahue
    2. John Robert Crossan
    3. Pamela Koslyn
    3 lawyer answers

    My colleagues' answers above are quite correct. US TMs expire for different reasons, including mere oversight in not renewing or submitting other proper paperwork although the use in commerce continues. The "common law" TM rights continue not only for so long as the TM is in use in commerce by the original owner on the goods or services claimed but also for a time after until the goodwill in the mark is entirely dissipated - presumptively for 2 years from last actual use or registration....

    1 lawyer agreed with this answer

  10. What kind of agreement does Netflix have to have with Movie companies to be able to show Movie Box Images on their website?

    Answered about 3 years ago.

    1. John Robert Crossan
    2. Pamela Koslyn
    3. Maurice N Ross
    3 lawyer answers

    Yes, Netflix must pay to show, distribute, etc. the movies and surely has the right to use the collateral materials to explain and promote the movies it offers - you would need similar rights to do anything similar - do not even think about doing it without appropriate licensing in advance!

    Selected as best answer