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Pamela Koslyn

Pamela Koslyn’s Answers

26,430 total

  • If a photos may be useful in a Court as evidence? If yes to in what form. Printed (size), digital ?

    If my opponent (my Hubby's sister) create record of her involvement in my Hubby's health care, really not involved in my husband health recovery, l would like to show her a few minutes visit ones a month : seating next to him and working or playin...

    Pamela’s Answer

    Admissability of evidence is na item-by-item decision and needs to be reliable and relevant. For reliability, you need to "authenticate" these photos by submitting a declaration (assuming you're the photogrpaher) stating that they accurately depict the events they show. The photos themselves shoudl ahve date/time stamps.

    As for relevance, I don't think a still photo proves, e.g., that she wasn't there for 3 hours. You will have to prove that through declaratory evidence.

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  • Trademark: if I have a composite mark consisting of my product name on a pill can I put a circle around it?

    If I have a composite mark consisting of words and a design can I later encompass that registered mark in a circle and use the mark in that form? I'm just talking about having the circle contain the mark so it looks more like a logo. Or can I only...

    Pamela’s Answer

    It's unclear if your mark is registered or just being used. By "registered," I mean with the US Patent and Trademark Office. It costs $325 per class per mark, and takes months, if not years. Unregistered trademarks can also be used under common law, but cannot take advantage of benefits of federal registration.

    If you want your mark to include a circle, then that circle should be part of your applied-for design so it can be registered that way.

    The goal in trademark use is consistency. That's what stands the best chance of acquiring "secondary meaning." among consumers. After a mark achieves fame, like, say, Google, you can vary it with with fluid variations without fear of loss of recognition. But new marks don't have that luxury and run the risk of diluting their mark's strength.

    The "R" registered symbol can only be used once a mark has actually been registered. Until then, you can use a "TM" symbol.

    Yes you can use any color you like if color isn't part of the registration. Again, consistency should be your goal.

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  • Re: publishing & copyright. You can't publish in a book someone's email message, it is copyright. How about phone text messages?

    Book author needs to know.

    Pamela’s Answer

    Text messages are the same as emails which are the same as books and songs and sculpture and any other creative work: if you're not the creator, then you're not the owner.

    As my colleague notes, you can comment on or critique other's work, which would make your use a FAIR USE..

    Or: you could discuss the work without copying it in a "substantially similar" way.

    Or: you could get a LICENSE from the creator for your use.

    Whenever you contemplate using someone else's IP, the best thing to do is see your own IP lawyer.

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  • Can I publish a colring book made up of hand drawings based on a HBO show, Game Of Thrones?

    I do not not own the rights to the show or characters. I am planning on selling on AMazon, and Etsy. I am an artist. There are some already for sale on these sites.

    Pamela’s Answer

    A coloring book for an adult show? Not the best choice.Just because others are doing something doesn't make it something that won't get you sued for the IP owner.

    As you note, you don't own the rights to the show or characters, so no, I would expect this to get you sued. The courts have wrestled with the artists' right of expression with the subjects' right of publicity to control their own images, and here in CA (9th Circuit), publicity rights prevail.

    Whenever you want to use someone else's IP, it's best to see your own IP lawyer.

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  • Do I need permission from professional athletes, current, former or dead to include them in a book?

    If I publish a book about the greatest athletes of all time and instead of using photos of them I hire artists to showcase them with art drawings do i need permissions from them and/or from the sports teams that the artworks may show? And if so, w...

    Pamela’s Answer

    You don't need permission from an athlete to quote them in a book. 'Generally quotes aren't protected by copyright law, and in most (but not all) cases, quotes are not owned as trademarks by anyone (including but not limited to whoever the quote is attributed to). Also, typically a use of a quote as content in a book would not violate the publicity rights of anyone.

    Photos are owned by their photographer or whoever hired the photographer, Hiring artists to draw them would make you the owner (assuming your contracts with the artist entitle you to copyright ownership), so your right to reproduce the drawings would be clear. The athletes' publicity rights depend on the states' laws where each athlete resides, but would not preclude something like this, as long as you don't use someone's image or persona to market this book. .

    As for Kickstarter, the IRS hasn't weighed in on how these kinds of projects' financing will be treated, so that's a question for your CPA.

    You'll want your book registered for a copyright, and you'll want to "vet" the book before you publish, so hire your own lawyer for help.

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  • Questions about opening an adult entertainment business. The following questions are ubiquitous enough as to apply to any area.

    Location not chosen yet Zoning 1. What are typical/commonly found zoning regulations in urban and/or suburban areas? 2. Do all municipalities have a rule concerning density of sexually oriented business (SOB) or is this a specifi...

    Pamela’s Answer

    "Sexually-oriented businesses" have many of the same concerns as any other new business, as well as some that are specific to this kind of business. One immediate indication about a location's propriety is the existence of another "SOB." But that doesn't mean that any given owner would lease a space for this kind of use.

    This is a general Q&A site. Asking 7 questions to once, ubiquitous or not, exceeds the scope of what could be expected from a site like this.

    See you own business lawyer for help.

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  • Can you sue an entertainer for discriminatory, offensive, racist lyrics?

    There is a line in a song i heard that was not accurate or factual, yet very offensive to me

    Pamela’s Answer

    What an intolerant inquiry. As noted, anyone can sue anyone for anything, but this would be a waste of your time and everyone else's, the singer, the songwriter, the judge, and of course you. The U.S. is a democracy, and that means no one has the right, constituionally or otherwise, to not have their feelings hurt. That includes those YOUR words and deeds hurt. For example, your question might be offensive to many.

    Any anyway, inaccurate, according to you? Not factual, according to you? Why should anyone have to adhere to YOUR version of the facts?

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  • Is viewing loli hentai online illegal in Florida?

    and will the police come after someone who's only seen it once or twice?

    Pamela’s Answer

    Check the site's terms of use. And remember that almost nothing you do online (or of course otherwise) is truly anonymous.

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  • What is a "Request for Judicial Notice" and how is it used in a civil case in state court (Arizona)?

    When is it usually used and what is the right instance in which to use it? Thank you.

    Pamela’s Answer

    This is a document used to bring a docume,t to the court's attention, such as a pleading from another case in the same or different court, or a case int he same or different jurisdiction. Some requests are mandatory, most are discretionaryrpermissive. Check your state's civil procedure rules for help.

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