Research paper plagiarism defense lawyer?:
I am a professor of Computer Science at a University of California campus.
I am facing potential allegations of plagiarism of research paper/idea by a colleague in my department.
Do I look for a Copyright attorney or an IP attorney for help?
Thanks,
Andrew’s answer: Ms. Koslyn (as usual) is correct. An academic forum has its own rules. However, if you want to discuss the issue with a copyright lawyer to understand what can and cannot be done within the world of copyright, there are lawyers available who will give free consultations for 30 minutes or so. I encourage you to take up one of those offers.
I have a small sticker shop and I made stickers with a character from a popular tv series. will i get copyright striked?: I drew some charcters from the tv series avatar made by Nickelodeon, I drew them slightly different than the original. I sell them to people will i get taken down for copyright or something?
Andrew’s answer:
"Taken down"? If your work looks enough like the TV series Avatar, then you are committing copyright and/or trademark infringement. Your work can be seized by the order of the court, and you can be found liable for possibly hundreds of thousands of dollars.
Don't use others' intellectual property. Stop now.
Does my Common Law protection help in infringement case that continued after I became federally registered.?: I am a radio/tv personality in Hollywood, and I originated my air name and persona in 1973 and have used it continuously in radio commerce to the present day. Three years ago I wanted to add to my Common Law protection, so I applied for and registered my mark successfully with USPTO, who noted in the registration that I originated the mark in 1973 and this was verified by their own in-depth investigation . They also noted my continuous use. I then discovered a network cartoon using my name as one of the five major characters on a highly successful series they produce and run. They even entered into a licensing agreement recently with McDonalds using my name as a Happy Meal premium toy! This network never applied for the registration but use the mark as if it's their own. The character's blog even mentioned my name as being "similar to theirs". My federally registered mark covers the areas of radio, Television , entertainment etc. I met with several lawyers who were very interested until I mentioned the network, which is owned by a huge multinational company, and I am still trying to find representation. Question: in the United States, doesn't the little guy have the same rights as
Andrew’s answer:
Intellectual property lawyers have a set of questions that we always ask:
1. To prove that your trademark has been infringed, do you have examples of actual confusion by consumers? While not strictly necessary, that is the best type of evidence.
2. More common is: is there a likelihood of confusion, meaning that a reasonable consumer would assume that you somehow sponsor or approve of the use? If your name were "John Smith," and Corp. X markets a character named "John Smith," would a reasonable consumer assume you approved that? This question is something that you need to speak to a lawyer in your area about.
3. What economic loss have you suffered?
As Ms. Koslyn notes, if this is to be done as a contingency case, a lawyer would have to make a clear calculation of the opportunities and risks if this were taken to trial. A lawyer isn't going to spend $250,000 in time to get $50,000, regardless of the merits. When there is a large disparity in resources between the plaintiff and a corporate defendant, that risk can be substantial.