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Pamela Koslyn

Pamela Koslyn’s Answers

26,411 total

  • Can my boy freand take my car from me if I leave him

    He is on the loan but the car is titled and reg in my name alone can he legally take it from me if I'm the one making payments and pay ins

    Pamela’s Answer

    No he can't. If you're the only one on the car's title, then you're the only owner. The fact that he's on the loan is good for you, because the lender will look to both you and him for the payments.

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  • Can I sue for plagiarism, and blackmail?

    I am a corset designer I was working with a factory previously that would manufacture my corsets for me. I hand drafted and designed these corsets. The manufacturer I was working with was producing corsets made of lower quality than I was paying f...

    Pamela’s Answer

    Clothing designs, with some rare exceptions, and until Congress acts, isn't eligible for copyright protection. And this may not involve use of a trademark you've used to brand your work.

    But even if not, you have a breach of contract claim against the manufacturer who used inferior materials, and you have an unfair competition claim as well. You also may have a claim for interference with contractual relations and/or of prospective economic advantage,.

    See a business litigator ASAP.

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  • Can I sue this company for using my idea with no acknowledgment to me ?

    I intended to email Totino's pizza roll company back in January suggesting that it would be a good idea to create pizza rolls in all different assorted flavors besides just pepperoni. I got the companies confused and wound up actually emailing Ho...

    Pamela’s Answer

    There's a kind of implied contract law called "idea submission" law that some courts recognize, but here, you apparently didn't make it clear and get an agreement from this company that you expected "acknowledgement" or payment or something in return. Chances are, they don't accept agreements like that anyway. They do, of course, accept feedback and ideas form consumers but their own websites often make clear that anyone who offers them ideas, suggestions, compliments, etc. etc. does so without any expectation of acknowledgement or compensation.

    Moreover, it's common for companies to expand their product lines with new flavors, and you have no way of knowing whether this company had already planned to launch these new products when you submitted your suggestion. In fact, it's highly.unlikely that they got your idea, formulated and refined these new products, designed the packaging, created the ad campaign, etc., etc. in only 4 months. It's much more likely that they've had these products in development for much longer than that.

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  • Can someone use a picture of my house for their construction business without my permission?

    I saw an ad on Facebook from a construction business using pictures of my house with my car in the drive way. They also have them on their website under "new jobs". They have it set up as they built my house but they did not. My house was built...

    Pamela’s Answer

    You don't mention whether your privacy rights are implicated here, and if not, other than a possible consumer claim based on false advertising (which our state's attorney general's office would handle, and which not redress any damages you have, because you don't seem to have any), I don't see a claim here.

    Your house has no property or privacy rights, and you have no rights in its image when it's avaialble to the public, except, as Attorney Ballard notes, if there's an architectural copyright involved, or if you car is unique in some way. Your house is not a building so recognizable it functions as a trademark.

    Take a screenshot of the ad before taking any action, but then why not ask the business to take down this photo?

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  • I received an email from a person that claims he owned a domain name that I currently own and wants to buy it from me.

    While his email was courteous and to the point, he claims that he once owned it but lost it due to an error (which I also have done in the past with domains). He says that also owns the patent and trademark on it (I checked and I don't se...

    Pamela’s Answer

    It's a scam. $50Kr is way too high an offer for a domain name, and the potential buyer is offering to send money way too fast. It's also unlikely that anyone who's successfully prosecuted a patent and registered a trademark, both efforts taking lots of time and money, would let their $12 domain name lapse. Also, there's no such thing as a patentable domain name, and while it's theoretically possible to register a food commodity as a trademark, it would likely be too descriptive to entitle anyone to a trademark registration.

    The best way to reply is to hire a lawyer and ask the potential buyer to have their lawyer contact yours. If this supposed buyer won't hire a lawyer, that's another indication that it's a scam, intended to con you by sending you a fake wire transfer and then asking you to send them some REAL money.

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  • Dear Sirs. Would a copyright registration of a sample issue of a magazine protect our unique combination of topic areas? Thanks.

    We developed a magazine that has as a distinctive feature, a particular combination of a certain number of topics. One chapter of the magazine per specific topic area (e.g. Health), each with several articles. No existing magazine has a similar to...

    Pamela’s Answer

    • Selected as best answer

    The way to protect a "distinctive feature" might be through the expression of that feature, and through its branding. But a copyright registration, even one for a compilation, only protects the work registered, and it protects it from exact copies and those copies that are "substantially similar." It is not a monopoly on an idea, no matter how distinctive the feature is.

    Can you use a trademark to associate your brand with your distinctive feature? Possibly. Is your magazine's "trade dress" and look and feel so unique that it would be protectable? Maybe.

    As with any launch of a business, particularly one with intellectual property elements, you're best off consulting your own IP/business lawyer BEFORE you commit to important decisions.

    Also, I note that your salutation of "sirs" is unnecessarily sexist.

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  • I own a book. I want to use it for teaching. it has a crossword in it. can i photocopy and hand it out to the students in class?

    it is for inmates in jail. the book does have a copyright notice. what denotes "fair use" does the teaching statute apply to teaching inmates in a religious service setting?

    Pamela’s Answer

    You own the book itself, but not its copyright and therefore you can't copy the contents since they don't belong to you.

    An exception to using work that belongs to someone else is "fair use," as defined by section 107 of the Copyright Act, 17 U.S.C., is "teaching," but even that exception is still subject to the 4 listed factors. Here you want to use the entire crossword puzzle, for the same use as it was originally intended, so inmates and "religious service setting" (whatever that means) or not, I think you'd lose a lawsuit if the book's author/owner or crossword puzzle's owner sued you. I think such a lawsuit is very unlikely, but it's not impossible.

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  • Exactly how long after public distribution can a product be copyrighted?

    An Avvo attorney stated, "Copyright can be registered before or very soon after it's publicly distributed and affixed to it a proper copyright notice." But I am very meticulous and would like to know the exact amount of days, e.g. 1 month, 2 mont...

    Pamela’s Answer

    As you probably know, once you create a work, you immediately own a "common law" unregistered copyright on that work. Regarding the proper terminology, "copyright" is a noun, not a verb. So what you want to know is the optimal time to register a work for a copyright. As noted, you get many benefits from registering within 3 months of publication, including making sure you can seek statutory, rather than actual, damages in the event of infringement, as well as your own attorney's fees. That make it much easier to find a lawyer if you find yourself needing one.

    Rather than count days and waiting til the last minute, don't wait, and register as soon as possible after creation.

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  • I have a SMLLC in California. Can I close the business with an existing client agreement (website design) in place or wait?

    I have an single member LLC in California but have since moved to NY and prefer to close the business. I still have an existing web design client under the contract agreement of the LLC. Can I close the business now (as long as it's in go...

    Pamela’s Answer

    Your contract with our client likely contains an "assignment" clause which would allow you to continue to do business with them under your new NY entity's name.

    See your own NY-based business lawyer for help, and then see any CA business lawyer, who can dissolve your CA LLC quickly and easily.

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