I found a website and have books with lace knitting stitches or cable knitting stitches. The website says free lace knit stitches. My question. If I took this lace knit stitch, say theres 28 rows to stitch pattern by 11 stitches. Say I used 77 sti...
You're conflating (1) embroidery stitches with (2) stitch patterns.
The many various types of embroidery stitches [running stitch, stem stitch, split stitch] can lawfully be freely used by anyone.
But a stitch pattern that displays the image of something [a Christmas tree, eagle, fruit bowl] could be protected by a copyright owned by its creator. Or not. It depends on whether the image is sufficient creative. Many simple designs are not copyrightable. Of those that are, you would infringe the copyright if you re-create that image or one substantially similar in any format -- including on a cowl or sweater.
If you're starting a business to sell design-displaying clothing then you need to speak with your own Maine-licensed intellectual property attorney. Good luck.See question
Copyright Act 17 USC 411 provides "(c) In the case of a work consisting of sounds, images, or both, the first fixation of which is made simultaneously with its transmission, the copyright owner may, either before or after such fixation takes place...
Here are the general rules:
1. If a copyright infringement lawsuit is filed in the Fifth, Seventh, or Ninth Circuits then the suit can proceed so long as the copyright owner has an copyright registration application on file with the Copyright Office. If that same lawsuit is filed in the Tenth and Eleventh Circuits, however, then the copyright owner must have its registration in hand before filing the lawsuit. The other Circuits have not weighed in on the matter so the most sensible approach is to acquire a registration before filing an infringement suit.
2. A copyright owner may be awarded statutory damages and attorneys' fees IF the date the copyright is registered is either (1) within three months of the work's first publication OR (2) the copyright is registered before the infringement begins.
Section 411(c) is an exception to the first rule for certain audiovisual works first fixed upon their transmission and states that the copyright owner may file an infringement lawsuit even without a registration application on file or registration in hand if he declares his intention to apply for a registration and actually does within three months. That exception typically applies only to live broadcasters such as sports leagues.
If you have a real-world copyright law issue you'll need to speak with your own Maryland-licensed intellectual property attorney. Good luck.See question
These pictures were purchased as digital downloads from etsy where the seller scanned the images from vintage books and made touchups to them.
Your simple question opens up a legal can of worms. As my colleagues note, copyright is the relevant body of law. The starting point in the analysis is understanding that every creative "work" is potentially copyrightable. So the original picture is a copyrightable work, as is the version of it published in the old book, as is the scanned, touched-up digital version of the old book version, and as is your wall hanging and ornament version of that digital version.
So ... does your version infringe the copyright in any of the preceding versions?
There's no way to know without researching the copyright status of those preceding versions. You really need to speak with your own Alaska-licensed intellectual property attorney. If the Etsy seller did his or her homework and only scanned in pictures from books in the public domain [not a smart assumption] then you still have to consider whether that seller's "touchups" are copyrightable in and of themselves. In short, a new copyrightable work can be created using a public domain work -- which is, in fact, the whole point of having a public domain full of copyright-expired works. Good luck.See question
I asked a question about my trademark and received some lectures. 1.) I have been using my trademark for a year and have established it in my online business all over the US. 2.) I can prove that every person now directly copying my trademark ...
iF you have the senior right to use whatever it is you're using as a trademark and IF it's actually protectable as a mark [many words, phrases, and names are not] and IF someone else is using it to brand the same or a related product or service in such a way that marketplace confusion is likely and IF you have the financial resources to actually litigate a dispute in court THEN you and your own Washington-state attorney should consider sending a cease and desist letter to the subsequent users of that trademark. You, of course, of course are not competent to answer any of those questions. Good luck.See question
I want to copyright the Name I use for a website and all of my Social Media. Also, I built a phone app and FB page I was told that I could not use the Term "Availability List" as it infringed in intellectual property and is a Term used by IATSE Un...
The direct answer is no.
Forget copyright law -- it doesn't apply. The relevant law is trademark law.
Because you've already recieved a cease and desist letter you need to immediately contact your own California-licensed intellectual property attorney. Do not respond to the letter yourself. And stop publishing any more facts about your dispute in public. The other side's attorneys will quite likely view your question and all responses. In fact, you and your own attorney need to consider asking Avvo to take down your question. Good luck.See question
I have filed for a trademark. There are several people now using my trademark and it's causing me to lose business. Can I start asking them to cease and desist now or do I have to wait until the entire registering process is done? This is a fe...
I think you're operating under a fundamental misunderstanding.
The rule is that trademark rights arise automatically whenever a person uses a word, phrase, or design to brand a product or service and then sells that product or service in the marketplace. Not before. So ... no one "files" for a trademark. Once trademark rights are created through use THEN the trademark owner can apply to register those rights. [Speak with your own Washington-licensed intellectual property attorney to discuss the one, potentially relevant exception.]
In addition, it is lawful in many situations for more than one person to use the very same trademark or one confusingly similar to brand the very same product or service or one related. This is true even when one user has federally registered its trademark rights.
In short, you need to have your own Washington-licensed intellectual property attorney explain to you the basics of trademark law and then apply that law to your situation. Do NOT send anyone a cease and desist letter beforehand. If you do, YOU could be sued. Good luck.See question
Can I set copyright to a company that is not yet formed, or is it not a good idea since the publisher is an LLC. It is for mobile apps on the App Store and I own the LLC and want to set the copyright to the 'Parent Company' which I will also own.
I think you're saying you're the single member of a limited liability company that acts as the "publisher" of one or more smartphone applications. You don't say who wrote those computer programs, who owns their copyrights, or who owns the trademarks the LLC uses to brand the applications. You want to know whether you [or the LLC perhaps?] can assign the copyrights in the programs to a company you've not yet formed.
Your business assets are nearly exclusively intellectual properties. So you need to speak with your own California-licensed intellectual property attorney. That attorney will straighten out all the intellectual property ownership issues, clearance issues, protection issues, and enforcement issues. He or she will also assist you -- or will find a business attorney to assist you -- in all the strategic decisions and procedural chores necessary to properly create and manage a business [which may include using both an LLC and another company, or not]. Good luck.See question
Let's say I trademark a book series. Can I take a T shirt or a cup, put a quote from my trademarked book series, and underneath the quote put, "@mytrademark"?
You first have to write, publish, and sell a series of books that all have the same title [the subtitle can be different]. So long as no one else has already used that title or one confusingly similar to brand his series of books then you will have, automatically, created trademark rights in that title as used to brand a series of books. But only a series of books. Someone else may lawfully use that same title to brand sewing machines or life insurance services or anchovies.
As my colleagues note, copyright protects the contents of each book -- so no one else may lawfully copy or sell them or create any substantially similar. The copyright attaches to the book AS A WHOLE. Not to any particular sentence or even paragraph or page.
Can you print a sentence from your book on a shirt and then sell the shirt? Sure.
But that sentence does not serve as a trademark. It serves its function only as a sentence. I don't know why you would want to display "@mytrademark" underneath the sentence but, sure, you could do that as well. It has no legal meaning however. But if you think it's good ornament for the shirt then, by all means, put it on.
I think you're trying to protect the sentence somehow. Doing so is highly unlikely. But, of course, speak with your own California-licensed intellectual property attorney about your plans. Good luck.See question
Why does the technology field improvement need to be in a field different from the main one, for a "more than abstract idea" argument related to the 2-step test, for a claim to be patent eligible under 35USC101? And if it concerns the main tech...
No one can, or should, even try to answer your question in the abstract. You should learn how patent attorneys are dealing with the Supreme Court's relatively recent Alice decision on Section 101 patentability. Visit the links below to read about that issue and then speak with your own California-licensed patent attorney. Good luck.