Archived
Is it legal to make food out of a cookbook someone wrote and sell it commercially? As in starting a food business?
Ira's answer
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Answered on July 22, 2015
Attorney Berkus is correct. While one can copyright a recipe, it is extremely unlikely that it is patentable. So, as long as you do not offer (or...
Archived
My boss instructed me to capture high school mascot images from the net and republish on his site. Is that legal?
Ira's answer
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Answered on July 22, 2015
What you are being asked to do is almost assuredly a copyright infringement. Just because a photo is on the net does not mean that the copyright...
Archived
Can I sell a necklace that has a saying from a tv show?
Ira's answer
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Answered on July 22, 2015
If you purchased the necklace, you should have the right to sell it. However, this does not give you the right to advertise it in any way you...
Archived
Can a registed trademark owner take the domain name away from another if it is the pural form?
Ira's answer
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Answered on July 22, 2015
Single or plural is the same. The standard is the likelihood of consumer confusion, not the spelling. It is a bit more difficult to analyze as...
Do I need permission to use the nike swoosh on a class shirt?
Ira's answer
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Answered on July 22, 2015
Not only is the behavior infringing regarding the swoosh, it also infringes upon the catch phrase JUST DO IT which is also registered for clothing....
Archived
Do I need permission to use a trademark as part of a merchandising product?
Ira's answer
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Answered on July 22, 2015
You could get a trademark claim as well as a right of publicity claim. If you do not get authorization to do what you plan, you can expect the...
Archived
A WEBSITE, DATA COLLECTION AGENCY, WITH A FALSE ALIAS ON ME WITH A COURT ORDER TO REMOVE IT THAT WILL NOT RESPOND, WHAT DO I DO?
Ira's answer
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Answered on July 22, 2015
This situation requires serious help. Do you know if this site is even in the US? Retain counsel, perhaps in league with the other victims. Also...
Is it illegal to download pictures from google images?
Ira's answer
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Answered on July 22, 2015
Downloading to hang on the wall should be within the personal use allowance but printing on a shirt may not be. You need to speak directly with a...
Archived
If a public domain has been republished would restrictions be written somewhere. Example republishing Peter Pan.
Ira's answer
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Answered on July 22, 2015
Once a work enteers the public domain it is generally available for any use. However you have to be careful as parts may not have gone into the...
Archived
Do I need to get permission from band/artist/performer to use their names in a book I publish?
Ira's answer
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Answered on July 21, 2015
While it is likely a good idea to at least notify the bands of your intent, it does not sound like it is required. As long as you are not doing...
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