I have worked in the school system for many years and I have seen how social workers do many things other than focus strictly on the issues at hand like split house holds, homelessness, etc. My wish is to create a academic based program hat could ...
You cannot patent a mere idea. Patents cover technological inventions such as a new drug, a new device, or a new method of treating a disease. Further, in recent years courts have made clear that "business methods" that involve abstract ideas cannot be patented.
If you develop textbooks, workbooks, and other such materials to implement your plan, these materials can be protected by a combination of copyright and trademark law. If you want to protect your IP rights in this plan, you will need to retain and work closely with IP counsel to develop an effective IP rights strategy. But it will not include patents.See question
I've been using Facebook with the same name for over 10 years, and today they sent me an email saying that if I don't furnish a picture of my government issued ID, they'll ban me from the site. In real life, I am the person I say I am on faceb...
This could be a scam or hoax. I would be very wary of providing this Photo ID to them unless you have assurances that the request is from a legitimate source. On the other hand, there may be reasons why Facebook or other such organizations could legitimately request photo ID. And they could suspend your account if you fail to cooperate.
I suggest that you consult with legal counsel, show your lawyer your facebook account and the requests for ID, and then allow your lawyer to analyze whether the request is legitimate and whether it is safe to cooperate by providing your ID. As I said above, I am suspicious about this request, which seems unusual, and you are certainly wise to raise questions about it.See question
I have a trademark of a cartoon character wearing sunglasses, if I want to use variations of the trademark with different hairstyle, facial expression and color do I need to trademark the variations or am I protected and others cannot use my varia...
You seem to have a basic misunderstanding of trademark law, and you need some advise on copyright law as well.
A trademark identifies the source of goods and services. In contrast, a copyright protects an original work of art, music, authorship, etc. Ordinarily, a drawing of a cartoon character would be protected by copyright law. It would only be properly used as a trademark if it is used to identify the source of goods and services. A trademark (or logo) is a "brand" name used to identify a brand. Once you choose your trademark, you must use the same trademark (or logo) consistently to identify your brand.
You can use a cartoon character as a trademark if you use it to identify your "brand". But if you choose to use it in this manner, you must use it consistently, and you cannot change it. If you change the logo, you are effectively changing the "branding". You are free to change your brand, but you would need to treat this as a separate trademark, and if you want registered trademark rights, you would need to file a separate trademark application.
Of course, nothing stops you form using variations of your design on your t-shirt. These variations are not trademarks however. Rather, the would most likely be protected by copyright law---each new design would be subject to separate copyright protection.
It seems to me that your problem here arises from the fact that you have misused trademark law to protect your designs. Your designs probably should be protected by copyright law, not trademark law (although as I noted above, your designs could also be used as trademarks if their purpose is to identify you or your company as the source of the products (t shirts) that you sell.
With respect, you obviously need to retain legal counsel to guide you. Using a web-site like this as substitute for legal counsel is a mistake---it can lead to disastrous adverse consequences. If you want to have a successful business, you need to retain IP counsel to advise on an effective strategy for protecting your T-shirt designs---the strategy you have employed obviously is not correct.See question
We plan to have a New York photography show in China in 2017. We will display personal photo collections that can reflect real image of New York City. If some photos and content involved some specific New York business entity such as New York Life...
Before advising you, I would need much more information.
First, I don't know what you mean by "personal photo collection". The copyright in a photograph belongs to the photographer. In order to display the photographs legally, the photographer must either provide a license that allows use of the photographs, or assign the copyright in the photographs to you. If you are the photographer, then this will not be a problem. But if someone else took the photographs, then you will need to obtain the rights to use them in the show.
Secondly, in order to advise you, I would need much more information about the photographs, the show, and how you intend to present the photographs at the show. It is quite possible, indeed likely, that your use of photographs showing "real images" of New York City will be a form of fair use, protected by the First Amendment. However, it is also possible that use of trademarks or trade dress associated with famous companies or institutions would violate their trademark rights and/or rights of publicity. In general, it is permissible to take photographs of the exterior of buildings such as Yankee Stadium, and to use such photographs for a commercial purpose, or for purposes of art or journalism. However, if you take photographs within Yankee Stadium without permission, or on the Columbia University Campus without permission, you could be violating the restrictions that these institutions impose on taking and using photographs on their premises. Further, if you use the names of famous businesses, sports teams, or institutions to promote your show, you could be violating their trademark and publicity rights.
Note that if your use would violate the rights of these companies or institutions, it would not be sufficient to merely notify them. You would need to obtain their permission.
As stated above, most likely your use of the photographs will be justified under the fair use and first amendment doctrines, but there could be important exceptions to this. Unfortunately, these things are never as simple as we would like. You should definitely retain experienced IP counsel to advise you on this--ultimately, each photograph will have to be separately analyzed in context to determine whether it is permissible to use it in your show.See question
An organization already uses a name I wanted to trademark, but said organization operates in a completely different industry: Psychiatric help for war veterans, whereas I would operate in veterinary services. They are not trademarked however. Ev...
None of us can answer this question without more details. Trademark rights arise from use in commerce and exist even if they are not registered with the United States Patent and Trademark Office. In this case, you are wise to recognize that an organization uses the name. And while it is in a different industry, there is an overlap because both organizations are involved in health care. If you are committed to this name, the best approach would be to work out a co-existence agreement with this other organization. Otherwise, you run the risk of expensive litigation if you use the name,
We regularly assist clients in situations like this. We are almost always able to help clients find dozens of alternative trademarks that do not have problems in common law or otherwise. My suggestion is that you retain experienced IP/trademark counsel to guide you.See question
Me and one of my friends made a video, where before the video i asked for permission from 3 people to make the video. They all said yes, but that cannot be proven, but recently one of my friends has been saying that he wants to sue me, because his...
Yes. Your friend can sue. He has a potential argument that publishing the video violates his copyright. However, you have a very strong defense that he consented to use of his voice in the video. This is a quite complex matter, and to protect yourself, you should retain intellectual property litigation counsel.See question
Use a "Swiffer Sweeper" as a reference. I wish to make replacement pads of various materials (including what "Swiffer" supplies) that would fit the "Swiffer handle and articulating attachment base". If the pad itself is not 'special' ( materials ...
Probably not but none of us could give you a definitive answer without knowing the details concerning how your replacement component compares with the patented design, and then conducting a patent clearance analysis. I note that there are several generic "knock off" products that fit on Swiffer designs, but these knock-off versions may also be protected by patents. The only way you can obtain an answer to this question is to retain IP counsel to conduct a patent clearance analysis---and in this particular industry, that can be an expensive proposition. There may be hundreds of relevant patents that need to be considered. If you are truly interested in breaking into this market, you will need a substantial budget for this patent clearance work. Launching or developing a product without a patent clearance almost certainly will lead to unpleasant financial stress and disappointment----you are introducing a product in a market where the big boys play, and they will do anything they can to block you from taking away sales and market share.
Note also that there are many complex considerations under both patent and antitrust law concerning patents covering components of products. It would probably be illegal, for example, if Swiffer refused to sell its products to chains of grocery stores that were prohibited by Swiffer from selling competing, non-infringing components that would work with Swiffer's product, but be sold at lower prices. Nonetheless, if Swiffer has a valid patent on a component used with it product (such as the disposable pads), antitrust law probably won't prevent Swiffer from successfully suing for infringement for someone who sells competing, infringing products. The interplay of antitrust law and patent law is complex---particularly in cases involving components of products, and you need to work closely with a law firm that has not only-IP law expertise, but also antitrust law expertise (the two go hand in hand in situations like this)
Bottom line--if you want to proceed with this product, you should promptly retain experienced IP counsel with both patent (IP), and antitrust law expertise..See question
I am an artist living in Florida and have made a design that incorporates the name of a Florida city. I plan on selling stickers, shirts, hats, etc. on-line with my design. I have registered a copyright on my original design, but now I am concer...
You can use names of cities or states as part of a trademark that has other words and features---for example, New York Yankees is a trademark for a famous baseball team. You could not bet a trademark only for "New York" but you can use the city or state name in as part of your trademark.
However, this does not mean that the design that you developed can be used without infringing someone else's trademark. Before you can safely use this design, you need to retain counsel to conduct a trademark clearance analysis. Perhaps someone developed a similar design that has acquired either common law or registered federal trademark status. If so, then your design could be violating trademark rights of others--which could be a financial disastrous problem for you,
If you plan to sell commercial products involving your design---incorporating the name of a state or city, you absolutely must retain legal counsel to conduct an appropriate search and trademark clearance analysis. While you may think your design is 100% original, you could be wrong. I cannot tell you how many hundreds of times clients have asked me to conduct a clearance analysis for their "original" design or trademark, and I have to tell them that they are prohibited from using it. Before investing a lot of time, effort and money, yous should invest in retaining an experienced IP lawyer.
Note also, that in the internet age, it is no longer sufficient to conduct a trademark search for conflicts within your own state or the United States. Commerce is global, but trademark rights are local and national only. This means that you need to determine what countries in which you will sell your products and make sure you are free to use the design/logo/trademark in those countries.
As artist, it is especially important that you avoid the financial exposure that you would face (not to mention the public embarrassment) if you launch a product featuring an "original" design and later find that you are accused of infringing someone's IP rights. Your investment in IP counsel is critically important if you want to lay the proper legal foundation for your business.See question
I am a Director of health care at a retirement home. The head director told my staff that my son was in the hospital and that I was with him. The visit caused me to be absent, and I can only assume that is why this information was shared. I wanted...
Perhaps there is more to this story, but I don't believe any of your rights were violated here. Further, I don't see how you suffered any economic damage. But if you are terminated because of this incident, you may have claims for wrongful termination (assuming that your employer is covered by the Family and Medical Leave Act)----you probably cannot be fired because you need to visit your son in the hospital.
The fact that your son is in the hospital and his general medical condition are not generally considered private matters. HIPPA, for example, prohibits disclosure of medical records and related personal health information, but this probably does not extent to the mere fact that someone is in the hospital. There may be state privacy laws in Oregan that provide additional protection. In any event, unless you are terminated by your employer, you probably have no valid claim here. But I suggest that you consult with an attorney in Oregon (I don't practice there) because there may be state laws of which I am unaware that give you more powerful claims.See question
I don't have enough money to register the composition and recording of all my songs. I do have the written form (sheets) and would like to register this part first. But I wouldn't like finding out that people registered recordings of my songs.
No. Anyone can register a recording of your song even if you did not give permission. This is because separate copyrights attach to the musical composition and each recording that is made of the composition.
However, any attempt to market and sell the recordings without your permission would constitute copyright infringement because you hold the copyright for the musical composition. Thus, although a copyright could be obtained for the recording, the recording could not be used, sold, or even given away for free without violating your copyrights.
With respect, I can see from your question that you need to learn a lot more about copyright law before you can successfully pursue a music career. I work both as a lawyer and musician---I play in nightclubs four nights weekly. I cannot emphasize enough how important it is for any professional musician to educate herself about the basics of copyright and entertainment law. A career in music is not much different than any other business---you have to treat it as a business which means you need to understand how the business works. Since copyright is critical to the marketing and performing of music, you need to learn the basics of copyright law if you are to be successful in the music industry. (I can assure that Lady Gaga and Paul McCartney did this long ago---every successful artist with whom I have worked over the years figures out early in their careers that nothing is more important---other than writing and performing great songs).
Note that one way to save money when registering musical compositions and recordings is to register them as collections. One collection can include many songs, and you can register the entire collection for one fee. It is not unusual for artists to register 30 or more songs as part of a single collection. A traditional record album with 12 tracks is often registered as a single work (a collection of 12 songs). (This may be a bad idea in the long run, because it limits your ability to obtain statutory damages from infringement---but it is a cost-saving tool that might help you).See question