We are the only genuine manufacturer. Began selling on Amazon 5 years ago...while Patent Pending. When we became the #1 seller in our category... we became the target of "Oversea" Knockoffs. They are not copying our registered trademark... but an ...
I really wish you would contact us. We represent Milo & Gabby in a fairly-well publicized case that is pretty much exactly like this. Bottom line, Amazon's position is that this is your problem. They have now implemented a DMCA takedown form to help make it easier. But bottom line, they still expect you to handle the problem yourself. There is not easy way to handle this. We had a jury trial about a month ago on this issue and Amazon still denies that it's there problem.
You should contact us to get more information about how to handle this.See question
I wrote an article about a charity event and one of the event organizers/my main source for the story emailed me a couple photos from the event. They were taken by a photography agency who provided their services free of charge at the event and th...
It is never OK to crop out a copyright owner's watermark, at least not without the copyright owner's express (meaning written) permission. The fact that you gave the agency credit does not authorize you to alter the image they provided you. Candidly, that doesn't even make any sense. So if you rent a car from Hertz, do you think you have the right to take the doors off and throw them away? Of course not.
What your company has done is not copyright infringement. It is, however, a violation of the DMCA. It is called the removable of copyright management information. For what it's worth, we had a trial a few years ago where we won for our client $500,000 for doing essentially what you have done here. Food for thought.See question
We have a member of our Non-Profit that was an admin to our Facebook page and she posted a lot of pictures that she took and had permission to do so. We have since removed her admin status and she is demanding that we remove all the pictures that ...
We can't provide you with actionable advice because none of us are your lawyer and we can't have all the facts with a brief question posted on an internet website. That said, the general law is that an employer is the "author" of the copyright for any pictures captured by an employee within the scope of that employee's employment. Obviously, the employer does not own the copyright in pictures the employee might take on her own time. But if a person is not an employee, then that person continues to own the copyright in any pictures that the person takes unless there is a written agreement that explicitly states "work for hire."
Finally, there is the issue of whether a person working for an entity in an ambiguous capacity has granted the entity an implied license to use pictures that were voluntarily contributed for the good of the entity. But implied licenses are an extremely fact-specific analysis, so if you would like to know whether an implied license applies in your case, you need to speak directly with an attorney so he or she can ask you about all the facts of your particular situation.See question
I am about to open a shop to make frozen custard. The way I am making custard is close to a method that is already patented with few differences that might bypass the patent. I want to make sure with the way I am making the custard it is won't be ...
You haven't asked a question, so I'm not sure exactly what you would like to know. But if what you want to know is how to ensure you aren't infringing the patent, then the best answer is to involve qualified patent counsel to compare your product to the patent and give you an opinion of non-infringement. You should understand that being fairly certain you do not infringe a patent is different than a guarantee that you won't be sued. There is no way to guarantee that you won't be sued even if it is highly unlikely that you do, in fact, infringe.See question
If the name of the website the image comes from is on the image, can you post the image to a business Facebook page without copyright infringement? Do you need permission? If there are no identifying markings to indicate where the image comes from...
That's a whole lot of questions, but the bottom line is that you just can't use any image that you come across with an Internet search for business purposes. Just don't do it. Sure, there are exceptions, but I wouldn't count on it. The idea that just because the image was easy to find means it must be public domain is a myth. It just ain't true.
The reason is because if you are discovered to have done it, the penalties can be severe. Very. A whole lot more severe than just "take it down." Damages for one picture can reach as high as $150,000 for one violation. So the wise advice is just don't do it. If you want to advertise for a business, your best bet is to use licensed images.
I have found that a book I wrote is being sold as a text book with out my permission.
Yes, some lawyers (like my firm) represent copyright owners on a contingency basis. I have personally represented a number of authors who have had their work taken.See question
Hi, I have a few rough questions regarding patents in general, is true that: 1) Patents are not part of the criminal law and by infringing a patent I am not offending the law 2) Patent owner has the right to decide if to sue me or if not t...
(1) Patents are not part of the criminal law and there is no such thing as criminal patent infringement.
(2) Yes, the patent owner can decide whether to sue your or not.
(3) Yes, very few patents are asserted offensively.
(4) True, that infringement must be proved and it is often very difficult to prove. Of course, invalidity is also a defense, which is very popular right now.
(5) I don't understand this question. I don't know what you mean by "a treat for me".
Can I be sued in USA and how can this happen or the USA company must come to Bulgaria and sue me in Bulgaria in Bulgarian court and thus needing to get along with Bulgarian language?
If you are doing business in the USA or delivering goods to the US, it is likely that you are subject to jurisdiction in the US for those acts if they infringe a US patent. The US company definitely will NOT come to Bulgaria to enforce a US patent as the US patent is not enforceable outside of the US.See question
patent was issued but a person knew about the add back then but just now came out and sued me --can a person with knowledge wait 10-15 years and bring it out
Your question is a little unclear. What did this person sue you for? You have the patent. Are you saying he sued you to invalidate the patent? Or is he making some sort of "fraud" type allegation. With a little more information, we might be able to help. But the way you describe things, I don't see any valid basis for this person suing you.See question
Worked as a webcam model for 2 years with geographic restrictions. My contract stated that as a model my materials were subject to resale, rebroadcast and advertising. My contract also stated that if model has geographic restrictions, no videos wi...
You very likely have some claims against that site, although it likely isn't copyright infringement. We would have to see the contract to know for sure, but it is very likely that your employer owns the copyright to your performances. You would just own your own right of publicity, which is not a copyright right. That said, the use of your image outside the terms of your contract would still constitute copyright infringement.
In short, there are lots of things an experienced litigator can do. You should give one of us a call to discuss your options. But please do it quickly as the longer you wait, the more difficult it will be to win your case.