Would it be a trademark violation?

The Ninth Circuit on the West Coast, and courts in other areas of the country, have adopted a nominative fair use doctrine, thereby allowing use of...

Offering my photos for art licensing

Taking a photo of a person may violate that person's right of publicity. Some 30 states recognize the protection of a person's image or persona...

If you have a life expectancy of less then one year and die with a pending case of copyright infringement, is the case closed?

I agree with the prior responses. Your estate succeeds to the liability that was created during life. More importantly, with less than one year to...

Do diclaimers apply to goods in the same class as the trademark?

The federally registered trademark is "THREAD TEDS by THREAD BEARS." The THREAD TEDS portion of the registered mark is not registered by itself but...

Genrally speaking, there is no intellectual property right in the design or look of a machine (in the U.S.). A photo that YOU take that contains no...

Will I need to take legal action, or can I for trademark infringement?

The issue is whether or not there will be a likelihood of consumer confusion as a result of the same or similar trademarks used on the same or...

A play I wrote has a unique way of depicting characters. Can a way of depicting characters be copyrighted?

Copyright does not protect unique. Copyright protects creative. In particular, copyright does not protect ideas, processes, methods and the like....

I just ran across a rap song on you tube that included an original poem I wrote almost 20 years ago.

If you submitted the poem pursuant to a magazine writing competition, then you should consult the rules of the writing competition to determine...

No, you are not OK on the West Coast. The Ninth Circuit has held severla times that this type of conduct constitutes derivative infringement....

Intellectual Property for a new sport

A patent in the U.S. can be obtained on a new invention that is unique and novel and that does not eist in the prior art, provided that the...