I am wanting to make and sell metal battle damaged captain america shields. Is this legal?

Of course this is a problem. What you propose will likely be considered both a copyright infringement, which speaks to the design elements of the...

Issue with Intellectual Property Rights

Your next best step is to consult IP/business counsel and discuss all your objectives in detail. The idea all on its own is not really protectable,...

How do I handle DMCA takedown requests if my Android app is a location access tool that returns mp3 results from websites?

I agree, there are too many factors to consider here and this kind of legal compliance due diligence should have been done long before you spent...

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Who owns the copyrights / intellectual property of a photograph from a photoshoot? The photographer or the model/s or both?

This all depends. The IP rights remain with the photographer, so the only possible claim would be a violation of your privacy right and publicity,...

We were notified by the rights owner that our offers on Amazon infringed their rights

Anytime you rely on third-party platforms like Amazon or eBay to sell your products you run this risk. As noted, your relationship with Amazon is...

Why do we need a unique trademark?

The point of a trademark is to be a source identifier for your particular goods and services in commerce. This is why it makes sense to distinguish...

Can I use the names and characters of Walt Whitman and Louisa May Alcott in a fiction book I am writing?

The short answer is yes. The context of your work needs to be well understood before any lawyer if going to green light it for you. If you are...

Can I use the brand names of commonly prescribed drugs in my book?

You are free to state the names of the drugs that your subjects have taken. Defamation will only apply if you assert things that are not true or...

Company Name

As noted, it really depends. Merely registering with the county or state conveys NO right to use that name in commerce. I know that the various...

Will I need copy write and trademark protection if I do freelance photography?

I think you would benefit from a legal consult so some of the salient issues can be clearly explained as you are conflating a couple here. The name...