Copywrite Infringement

The legal issues in play are, at least, (1) whether your "Scholastic Worm" company name infringes the already-existing trademark and trade name...

The brand name I want to use is already being used by a similar company. If they haven't trademarked it am I able to?

To put a fine point on my colleagues' responses, the various state and the federal Trademark Offices do not grant anyone a trademark. Those Offices...

Is there a way to file a declaratory judgement complaint yourself against a copyright?

Copyright does not attach to unlawfully created works -- such as an illegally recorded audio file. [See e.g., H.R. REP. NO. 94-1476, at 57 (1976)]...

I did a logo for a startup company that I am "partners" with in order to build the business. can they challenge my copyright?

We first have to assume the logo is sufficiently creative for copyright to attach. If it is, which is likely, and as my colleague notes, you own...

Hesitant to use an IP Laywer

As noted by my colleagues, your fear that your attorney will turn traitor is ridiculous. You are, however, rightfully concerned that you may...

Transformative and derivative works are similar but I still don't understand the difference.

The terms "transformative work" and "derivative work" are not mutually exclusive. A second-created work that "transforms" a pre-existing work...

HI I've been published in academic journals and submitted technology to IRB ethics boards. Is my technology now protected?

Protocols and mechanisms to ensure the safety of human subjects in clinical trials are as old as ... clinical trials. If your "technology" for...

How do I determine what can be patented about my invention?

The first question a smart investor will ask is whether you've performed sufficient due diligence to ensure that your software-enabled device does...

Is it illegal for someone to print a picture of mine off of facebook and send it to others without my knowledge or consent?

What you've described is not a violation of criminal law and is quite likely not a violation of civil law either [specifically, copyright law]....

At least in California, "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to...