Probably not. Because you did not take the photograph you don't own its copyright -- and so, without permission or a legal right to do so, you may...

What can I do to protect my business name?

As my colleagues note, your own California-licensed intellectual property attorney needs to compile the facts and strategize your next steps --...

Discuss with your own North Carolina-licensed intellectual property attorney sending one or more DMCA takedown notices to the company that's...

Do we have any legal basis to also keep the name "Smartel, LLC"? Or should we change our business name and everything with it?

Attorney McCollum has already provided you with a very thorough and generous response. I'll further note that now you're on notice an actual...

The real name or pseudonym of an author may serve as a registered trademark if (1) it’s used on a series of written works and (2) sufficient...

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Is this copyright?

So ... the planner/diary insert consists of "a table, font and a heart underneath each word." Let's forget "font" because that simply refers to...

I want to get a pattern on a bag patented

If by "surface pattern" you mean a two-dimensional graphic design displayed on a plastic shopping bag then that's not patentable -- such designs...

Is awarding attorney's fees an automatic default in copyright infringement?

The award of attorneys' fees is not automatic. You should read, however, a court decision awarding Getty $276,680.23 in attorneys fees against a...

Obscure DMCA Question

Your question is not "obscure" for those who make their living publishing on the internet other people's work. It is fundamental to their business...

If someone is using a generic / descriptive mark for their product, can someone with a protected trademark sue them?

The reason the hypothetical business owner had to disclaim "Oceanside" and "Umbrellas" is that both are generic or merely descriptive for his...

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