I know that Mattel goes after people for this, so I want to know where I am at legally. Basically, the Barbies will never be referred to as "barbies", but this is a comedic short film with a strong feminist stance, and it will be obvious that the ...
The "Walking Mountain" case covered this very area, as an artist used Barbie dolls in a lot of situations -- the most striking to me was "Enchilada Barbie." The Ninth Circuit ruled the artist availed himself of the 'fair use' exception to the copyright laws, and awarded him more than a million dollars in attorneys' fees. Check the link to the case.
From your description, it sounds like fair use, but fair use has to be reviewed on a case-by-case basis. There are quite a few good IP lawyers in the LA that can help you.
I am making some handcraft sport jerseys out of construction paper and giving them away as gifts, and not for profit. Even though I am making no profit by using their logo, does that violate the copyright law?
Copyright and trademark laws are different, but there are similarities. You would be violating the rights of the trademark holders, and because the trademarks you mentioned are registered, you would be facing statutory damages of between $1000 and up to $2,000,000, plus the trademark holder's reasonable attorneys' fees. While the $2 million number is highly unlikely, even the $1000 plus the attorneys' fees (which would certainly be in the tens of thousands, and possibly hundreds of thousands) make it far more expensive than it is worth. It's not worth it.See question
For example, if I was writing a book about creating fantasy realms for kids, could I reference The Hobbit, J.R.R. Tolkien, Hobbits and Middle-earth? Or if I was writing a book about the history of comic books could I mention Spider-Man in refe...
Your proposed use sounds like the very reason why the fair use exception to copyright exists. The type of analysis you propose is limited in terms of the scope of the use, and is fair criticism. The only barriers to be careful of is to make sure that no one could reasonably believe that the copyright/trademark holder approved of your use, and that you do not use too much of the original. Once you are done, you might want to run it by an intellectual property lawyer, but you will likely be fine.See question
or are the attorney fees only recoverable if you are bar attorney
To generally collect attorneys' fees as part of a judgment, an attorney needs to be hired. Even an attorney who "hires" himself cannot receive attorneys' fees.
If it is part of collecting a judgment, other than some costs like writs of execution, a judgment creditor does not receive anything to reimburse the costs of collection.
Suppose if the parties are asked to decide on whether to accept pre-trial proceedings by magistrate judge who is from the local city/born in US/same area or not consent and go for a district judge who is not from the local city/area and also born ...
The birth location and/or childhood location of judges and magistrates are pretty irrelevant to the issue of whether one is better than the other. Does the potential judge treat the parties fairly, especially if one of the litigants is pro se? Is there a bias toward or against YOUR situation? It would help to speak to lawyers who have experience in front of that judge -- that is what we lawyers often do.
That a lawyer has had a case in front of a particular judge before may not be of any assistance to that lawyer. Judges (both magistrate and Article III judges in Federal Court) are very good at understanding a lawyer's strong points and weak points, and even great lawyers can do things that set off great judges.
If I write an article on the internet regarding the possible side effect of a trade marked drug, such as the Actos® which is a prescription medication designed to treat diabetes. MUST I identify the drug with the trade mark (R) next to it such as ...
It is more a matter of respect and clarity than anything else -- use the (R) mark. It shows that you are respecting the registered trademark status, and it will help distinguish between the generic name and the particular brand.See question
The defendant objected to all my request for documents how soon should I file a motion to compel? They sent the objections after asking for an additional 2 weeks the request for the document were made back in August and were due November 4 th
You are required to meet and confer with the opposition about the objections before any motion. This is usually done with a letter pointing out how to objections are without merit. Don't let your anger get the best of you. Do it as professionally as possible. Read the Discovery Code, Cal. Civil Procedure Code 1987 - 2040 very closely to follow all the rules. The court will hold you to the rules so don't make a mistake.See question
I recently started a business with someone and we both invested the same amount and are 50/50 partners in it. For two weeks now i have had no contact from my partner and last I heard from her she wants nothing to do with it and wants her money bac...
Any substantive advice would require reviewing the written agreement and other assorted documents. You need to have a lawyer look all this over.
As for general law, in the absence of an agreement otherwise, partnerships end when one of the partners wants it to end. The assets of the partnership are then distributed to the partners in the same ratios as their partnership interests, although it is usually a matter of one partner buying out the other.
Moreover, "forcing" your erstwhile partner to continue is a recipe for disaster for both you and her. As a matter of practical advice, if she wants out, you don't want her to force her to stay, but you should want to do it fairly.
Hi Community, Thanks in advance for reading my post, I received a copyright settlement offer for a photo I had on my website that were unknowing to me to be copyright and I believed to be in fair use.. I mistakenly believed that images in a g...
For there to be fair use, you would need to use it in a transformative way. Given what you described, I don't see such a transformative use. You seem to be using the photo the way it was intended. Still, it is difficult to say anything without seeing the photo and how it was used. You should seek a free consultation with a copyright lawyer.See question
The EDD audit of my company is headed to court. I had a lawyer I trusted but he left private practice and is no longer representing me. For many reasons, soon after he left I decided to self-represent. There is still some legal work on the case ...
You say your company is headed to court, so unless it is a sole proprietorship, you will need a lawyer to represent the business, as corporations, LLCs and LLPs can only appear through counsel. There are more than 185,000 active lawyers in California, so you'll be able to find an able replacement for your former counsel.
While pro se parties are shown a little extra patience by the court, the patience can disappear quickly when the judge feels the pro se party is wasting time, and this is true for any court. Do the smart thing and find qualified counsel as soon as possible. The only thing more expensive than a lawyer is doing it wrong without a lawyer.