I have this idea for news app one would pay for, but I'm not sure if I'd be sued for using such brands, or famous people in articles, within the app. Just curious about what would happen. I am teenager, who knows nothing regarding copyright law...
You can you the trademarks of others if they are necessary to state a fact, I.e. there was a robbery at McDonald's. You cannot use the trademarks in any way which suggests an affiliation with the owner. Thus, yoi are fine as long as you are not creating a likelihood of confusion. Please understand that there are some companies that are hypersensitive about there marks and will threaten people who are using the marks properly - you know "the big game".See question
In 2007 my husband established his remodeling business, and registered the trade name NSR, with the state of Colorado. We have renewed this name annually -on occasion it expired, but we still registered it. The last time it was registered was 06/...
The key question is how you are using NSR. If it is simply a name of the company (dba) then it does not really matter. If, however, you are using the name as a service mark, i.e. you advertise NSR for remodeling services, you probably have common-law rights in the name. One problem with common law rights is that they can be limited geographically. You really need to sit down with a trademark attorney and provide them with 1) samples of your advertising and 2) an idea of what geographic area you have served over the last 5 years. He or she will then be able to give you a better idea on how to proceed against the newcomer.See question
My father is on Military orders in Saudi Arabia, and I wanted to take a video of my younger brother in his high school play. Unfortunately, the school did not purchase the rights to create a video, and resell the production, so there will be no pu...
This is one of those times when common sense and the law do not necessarily align. The above are good legal answers. If it were me, I would tape it so the school did not know - keep them out of trouble - and keep the tape strictly in the family. You could asset the Sony time shifting defense if you needed to. However few copyright holders are dumb enough to sue someone for sending a video to dad on deployment. It woukd make a nice story for the 5 o'clock news.See question
Adolphus Hotel opened October 5, 1913. Hotel Lawrence opened in 1925. I want to use the 1920-1930 era with fictitious characters but based on legends of events that occurred in these hotels. I hope to name both hotels in the novel as settings for ...
You may also want to include a disclaimer at the front of the book that there is no affiliation with either of the hotels. You can use the name of hotels, etc., to identify a place, but you cannot do so in such a manner that people would assume that there is an affiliation.See question
I got a Certified letter from Johnson and Ham - Counterfeit Otter box , they tell me that on Dec 17 2012 the investigator purchased one of case from me . and they want me to pay their lost . what should I do now ?
You definitely need to hire an attorney. Where is a question of where your sales have been. If you sold the product in California, then hiring a California firm may be a good idea. If not you should just hire someone local.
If J&P sues you as an individual, they have to sue you where they have jurisdiction and venue. They can sue you in New York. If you made sales in California, they may be able to sue you in California. Generally, an individual has to be sued where they reside unless a substantial part of the facts occurred in another jurisdiction. If you get sued in CA it will cost you more to have a NY attorney and local counsel in CA. If you have not sold in CA, however, you will be better served by local counsel you can speak with directly.See question
Do you have to fill out the paper work and send it to the government also.
Any creative work that it important to you should be registered with the copyright office because you will need the registration to enforce the copyright. Unfortunately, it is a common situation for a person to have an infringement come up and be unable to do anything about it for a while because they are waiting for the copyright registration. You can get an expedited registration within a couple of weeks, but it will cost you about $1000.
One big question will be who actually owns the copyright. If you built the website, that it fine. If not, the person who built the website will be the copyright owner unless they assigned it to you. It would be a good idea to seek out a copyright attorney in your area. Copyright registration applications are not very difficult, but it helps to have someone walk you through one or two before trying it on your own.See question
Can I sue my boss for being cheap and selling off brand cereals at a self-serve frozen yogurt store and lableing and claiming them as name brand cereals.
Yes, in America you can sue anyone for anything. You can also get thrown out of court and have attorneys fees awarded against you. You can also be fired and get a negative job evaluation. If you boss is truly passing off cereals as the name brand, write an anonymous letter to the company that owns the cereal brand and let them deal with it.See question
Let's say I have a friend who came to me and said to create a website. The website was created with my design, which is proprietary but let's say to use images on the website, he told me to Google it and use applicable images. Say 2 years lat...
Both of you are liable for infringement. This is why you should never copy an image off the web without a license or documentation that it is public domain. Your best bet is to negotiate a settlement and learn from the experience. 1) always produce a written agreement for your work and 2) do not steal other people's work. If you are going to be in the web design business, you may get short term success by pirating images without licenses, but eventually it will catch up to you and you will have many angry clients who will likely sue you when they have to pay Getty Images, etc. to avoid copyright lawsuits.See question
Back in the beginning of January I was sent an letter from a lawyer urging me to stop using a domain I registered and was developing because it was in violation of trademark infringement , cuber - squatting and the Lanthanum act . I decided ( agai...
It is possible that the lawyer was not getting paid and stopped working on the matter. It is possible that the lawyer misplaced your communication or simply is busy with other matters. It is also possible that the lawyer's client does not have the money to pursue you. However, it is also very possible that the lawyer is preparing a lawsuit or a UDRP proceeding against you. You might want to follow-up with the lawyer and determine the status. Otherwise, you can wait and hope it goes away. However, if there is a good argument for infringement, continued use of the mark may only help the claim of willful infringement.See question
I live in a small rural town in California. Population 5, 000. I am not interested in any trade mark since if the shirts do not sell well, I would move on with other designs.
If the X is your town, then yes. There is nothing which prevents you from using the name of a city. Just be careful if the name of the city is also a name of a company that your art work does not suggest some affiliation with the company. Based on the limited facts here, you should be OK.See question