QUESTION

CAN SOMEONE USE YOUR NAME AND TRADEMARK IT AND SELL ARTWORK YOU HAVE DONE WITHOUT YOUR KNOWLEGE

Asked on Sep 09th, 2011 on Business Law - Florida
More details to this question:
MY GODFATHER HAS HAWAII DRAWING OF ISLANDS THAT HE PAINTED OVER FORTY YEARS AGO AND FOUND THEM BEING SOLD AFTER HE GOOGLED HIS NAME HE STILL HAS THE ORIGANALS , ITS THREW SOME AIRLINE COMPANY THAT IS SELLING THEM FOR 36.00 DOLLARS A MAP, IS THIS LEGAL AND WHAT KIND OF ATTORNEY CAN HELP US TO GET HIS RIGHTS BACK TO HIS NAME AND ART WORK.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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These matters are governed by the laws of copyright and trademark. As a general matter, the "author" of a drawing owns the copyright in it and has the right to preclude others from copying and distributing copies. It may be difficult or impossible to obtain meaningful relief with respect to the time period prior to registration of the copyright, which presumably your uncle has never done. However, if the copyright is registered promptly, relief against future infringement may be obtainable, as well as actual damages. Please telephone my office at (203) 399-1320 if we can be helpful to you.
Answered on Sep 11th, 2011 at 6:30 AM

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