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We are thinking of starting a craft business and were interested in using Disney printed fabrics that we purchase from fabric stores. For example, the fabric would be used to line jewelry boxes or to use as a background on a pin board, and various...
First, it looks like this is an expanded view of an earlier question. You can rely on the many answers provided by my colleagues. You are in the space of brand/trademark infringement since you are likely to use another entity's images or protected brands on your product for sale. I advice that you get the benefit of an intellectual property attorney before going too far. It will also help you avoid willfulness which will likely make the penalty for unauthorized use more severe.
Regarding the first sale doctrine and maybe your reference to the printer cartridge debate, you may be on point but circumstances and background may differ. Seek the counsel of an IP attorney. Most of us offer free consultations before you decide whether or not to spend money.See question
Would this fall under the first sale doctrine? Or would we need the companies permission?
Your question needs more detail for a well thought out answer. Obviously a fabric you may purchase at a store may be used in many ways - in crafts, etc. However, you may need a license if you are intending to sell the 'crafted' product as licensed or ii in some manner, it confuses the buyer as to owner or source. If this was a CD, trademarked shoe or book, you can sell or otherwise dispose of it without concern about the copyright or trademark owner. I note here that you intend to change the manner of the item purchased to make other items for sale.
Notwithstanding above, you should consult an intellectual property attorney for a focused consult. It is my hope that in that construct, you will provide enough details for a fuller advice.
Have a spouse I was afraid for and cashed checks for a couple of people that approached me a conned me into cashing checks for them and it got worse
I am sorry, your question does not provide enough information to get a sound answer. You may want to rephrase the question.See question
I'm currently working on a game on scratch.mit.edu where you play a simulated fantasy football season. It is 100% non-profit and just for fun, I'm wondering if there are legal steps I need to be taking in order to create the game. I would like to ...
A good advice on using another person's proprietary information is to obtain permission from the owner, even if it is for a non-commercial purpose. There are several instances that you can use another's intellectual property without concern about such use but you need to consult with an intellectual property lawyer before doing so,
Note that it is even more advisable to ensure that you have the permission before using instead of after the fact.
Best wishes.See question
I am writing a comic book and have a character that is a big reader of fantasy. To demonstrate this I would love to have them with a bookshelf with books like "Lord of the Rings" "A Game of Thrones" ETC. Is this form of reference legal? I would be...
In general, if you are not utilizing someone's protected intellectual property for commercial gains, you may be able to claim "fair use" such as use in critiquing, teaching, analyses and the like. Fair use is hardly a valid answer to unauthorized use of copyright material when the user aims to generate some profit from such reference. Be mindful that the owner of the titles you are interested in may have rights to assert against you, especially if the impression is that you are using them to earn money.
It is a good advice to consult with an intellectual property attorney in these types of cases, just so you can avoid the challenge of unwittingly infringing on another's intellectual property right.See question
Suppose someone trademarks "Wolverine Education Association," which is an organization that provides education about Wolverine protection ie. environmental/wildlife services. Someone else wants to trademark "Wolverine Education" and they will be p...
Your example, without more, is likely to invoke a likelihood of confusion, even with a shorter name. Ignoring the likelihood or lack thereof of obtaining a trademark for the "Association," your example brings in other issues, such as the use of "Wolverine," or whatever name you would use - a name or brand that may have been registered or have garnered what might be termed "Secondary meaning."
While yours is a hypothetical, trademark analyses are specific to circumstances and related factors, so I would advice you to contact a trademark attorney to obtain a focused analysis of your question/issue.
Just understand that trademark infringement is pricey and it is a good process to not walk into a potential infringement if you can avoid it.See question
I received this email from Comcast yesterday, I'm wondering what do I do in order to not get sued or something like that. I was stupid and downloaded some DLC for Fallout 4, a video game. Does Zenimax Media have a history of suing or should I jus...
It is very likely that you will get a letter or some communication from the owners of the video game soon. Do not ignore this claim when you get as it can become more expensive. Depending on how many times and the scope of your download, your exposure might not be too expensive. Make sure to get the benefit of an attorney fi the demand is high.See question
I want to design, print and cut custom graphics kits for dirtbikes. If the design were for a Honda motorcycle, it would contain a Honda logo. Is this legal without permission? I see many users on eBay who are practicing this, and I very strongl...
You should only use a proprietary design with permission. If you do not obtain that permission, you are exposing yourself to potential damages from the rightful owner. Also, any work you do that may be seen as trying to or actually confusing the consumer as to source of the product may be very expensive. Finally, it would not be a valid excuse that others are doing the same thing without permission.See question
I am the owner of a Minneapolis based small company (SUB VENDOR), and my employee was working at client through a vendor (XXX). We had signed MSA in which one of the following clauses has been broken by vendor by secretly hiring my employee. ---...
It is often difficult to determine amounts in controversy or what you may likely sue for without documents to help. Contingency cases bring another level of issues, especially when the expected amount is not high.
I recommend that you search the list of business and litigation attorneys to get an evaluation of your situation.See question
Hello and thank you for taking the time to read, I am a minor (17 years of age) in the great state of Minnesota. I started an organization my sophomore year with a few friends to increase engagement in the community among teenagers through fundra...
The previous answer is detailed and on point in this instance. I am concerned about having your parents "sign for" you. Are you implying that your parents will register the company and list you as a minor head of the nonprofit organization? A more straightforward process could be to have your parents incorporate the organization and create Bylaws and other necessary documents, listing you as an officer. Since it complicates liability issues when you are a minor, ownership and related issues that may expose you to suits are problematic. Are able to postpone these legal issues until you are 18? Sometimes, even with a great idea as yours, a little patience might serve better than complicating matters. What if you have a legal issue regarding use of funds and more?
Best wishes to you.See question