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Wade Neal

Wade Neal’s Answers

28 total

  • Can I write/publish a book based on the offspring of already established characters in film?

    I want to write about the children of characters that have already been established elsewhere. These children do not exist in the original film, I just want to use the established characters as a jumping off point for these new original characters...

    Wade’s Answer

    Almost certainly no. Your example describes what a court would see as a derivative work under US copyright law.

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  • Trademark infringement by using a name that differs by the first letter- where should I dig into to find the right acts?

    My company was threatened by a cease and desist letter because my company's name is "similar" to another's. I did not know about the existence of another company before registering mine. What's more, my name was accepted. We are players on the sa...

    Wade’s Answer

    Since you are being threatened with litigation, you should probably seek a trademark litigation attorney in New York. Doing your own research and representation might be a big mistake. There are many highly qualified attorneys from New York here on Avvo.com. I completely understand that legal representation can be costly. However, an ounce of prevention...That said, the test for infringement is whether a consumer is likely to be confused by the similarity between marks, not whether the marks vary in spelling. For example, Coca-Cola will likely prevail in court over a business distributing a beverage called Koka-Kola.

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  • Do I need to pay for a picture I posted on my website that I didn't know I needed to buy a license for?

    I was unaware the image I used was under license and was contacted by the image owner asking for payment for the image (which I took down immediately). I have VERY little traffic on my site and the image was very small. http://makeitcountfitness...

    Wade’s Answer

    Probably yes, unless there is some fact you haven't provided here. Copyright holders have a right to seek compensation for distribution of their works.

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  • Can I File Trademark - both intent to use and use in commerce under same class but for different categories?

    I have come up with a cute soft toy named XYZ. I have started selling XYZ and going to file for word trademark "XYZ" because I already have design copyright. My question is that I can file for XYZ under use in commerce for soft toy. In the futu...

    Wade’s Answer

    Hire a trademark attorney!

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  • Is my logo a trademark infringement of superman logo?

    Hello, I have a restaurant logo which look like this: 1- blue background color 2- a regular yellow pentagon shape in the middle with black stroke 3- at the pentagon center a letter with a black coloring and a yellow stroke Is that by any cha...

    Wade’s Answer

    I agree. The logo can't be analyzed without an image of it.

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  • Can I go to small claims court to sue someone that stole my business name

    they use to by my products that were labeled with my name.I am a small start-up business and sell less then $800 of products per mo

    Wade’s Answer

    I think you need a consultation with a local attorney experienced in litigation and trademark matters - I happen to be in your neighborhood. waden@wadeneallaw.com.

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  • Is it infringement of the Fair Use law to perform songs & lyrics of musical artists from 1950-2012 in original form?

    I am the Drama club chairperson & we plan to put on a play at a Catholic elementary school, including artists I.e. Elvis "Jailhouse Rock", the BeeGees "Staying' Alive" . The principal thinks we could have legal ramifications , copyright infringem...

    Wade’s Answer

    Please search "fair use" on this site, and you will probably find some useful answers. The compositions you reference are protected by copyright. Under the facts you have provided, you would likely need a public performance license through ASCAP/BMI/SESAC or the publisher in order to legally perform the songs you identified.

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  • A film uses music by Scriabin, a Russ. composer, 1872- 1915 recorded 1990's. Is that a copy right infringement?

    The film is non-commercial and could use earlier performance of the Alexander Scriabin piece from 1950's.

    Wade’s Answer

    I agree with my colleagues. The composition is in the public domain, the recordings (1990's or 1950's) are not. Based on these facts, a master use license is needed.

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  • A question about copyright and trademark issues surrounding the "son of rambow" film.

    If this film used no clips from the Rambo films and the plot remained the same (about children making their own version of Rambo) and did not get permission from the copyright owner of Rambo would their be a copyright or trademark issue? The pr...

    Wade’s Answer

    The film already exists. It's a (quite good) British film from 2008. The producers actually did experience intellectual property issues before its eventual release, mostly having to do with licensing clips from First Blood. To the original poster - seee the attached link.

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  • Can I have a mural painted on the outside of my business wall that includes a pop-art version of the likeness of a celebrity?

    I have a photography studio and am interested in having a mural painted on my exterior wall (in front of my parking space, in the back enclosed area of an alley). I have found a celebrity I wish it to look similiar to, but will be adding artistic...

    Wade’s Answer

    1. Derivative work based on someone else's photo - infringement.
    2. Right of publicity - infringement.
    Based on the facts you have provided, you are probably not wise to go ahead with this plan.

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