Tennessee Intellectual Property Legal Questions

In this case, you probably don't need to trademark the domain name as well, but you should protect the business name and potentially any stylized version of the business name.  You might consider copyright protection as well for your website and any content you offer.  Let me know if you need any help.... Read More

The answer about a lawsuit is that it depends.  The use of your likeness and your trademark will implicate trademark law.  An investigation will need to be made to determine who owns any trademark for your name (character) and if any registrations have been made.  Then, we would need to see about what rights may have bee assigned to the (WWF and its successsor, WWE).  Most times the wrestlers signed away their rights to their names (think Dwayne Johnson [who got to use his name "the Rock" for his first couple of movies, but in return, Vince was an Executive Producer]).  An exception was athletes like Steve Austin who contractually retained the rights to his name.  So, there may be a lawsuit, it may be that we discover the contracts that were signed giving them the rights.  There would at least be an answer. This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.  ... Read More

The short answer is some uses are ok and some are not, and how you use them is what controls. We sell package called the Five Pillars of Protection that we can use to provide answers to your situation and provide you legal counseling on what is and is not fair use or trademark infringment.  I'll be able to guide you through what's OK and what's not OK. Looking forward to your reply. -Paul Contact info... Read More

You may. Newspapers will have some fair use rights to publish newsworthy pictures that might otherwise be limited by copyrights. Assuming that is not the situation, you could have grounds for a lawsuit. If you registered your copyright before it was infringed, or after infringement starts but less than 3 months after you first published the image, you would have the right to statutory damages ($750-$250,000) plus attorney fees. If you register your copyright after the infringement starts (your copyright must be registered to initiate litigation), you will be limited to damages you can prove - either profits you lost or their profits - and no attorney fees.  In the latter situation, a frequent issue is that the expense of litigation exceeds the damages won from successful litigation, which makes pursuing litigation a net loss.... Read More

A graduate of UT Law, I know that the General Counsel's office of the university has it own licensing department and at least one full-time attorney at their General Counsel's office. This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.... Read More

Yes, if you have guests from more that only your state, you could obtain a federal trademark registration assuming that the name is registerable (for example, it is not descriptive and is not similar to the name of another B&B). However, obtaining the trademark registration will not prevent someone using the name of your bed & breakfast in a site that is simply complaining about it.... Read More

 Yes, you can seek Trademark registration (with the State of Tennessee) and the United States Patent and Trademark Office after the band's name has been used in commerce.  In fact, under the Federal Lanham Act, a prerequisite is use in commerce (subject to exception for Intent to Use filings).  This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.... Read More

This is a complex question that may require additional facts to be fully understood. As a general matter, a customer of a day spa has no particular "privacy" interest in the firm's customer list. Presumably the customers are known to many employees there, and the fact that they are customers is not a secret (or a trade secret). Moreover, anyone who knows the identity of one of your customers could likely identify the customer's home address by a variety of means, including means as lowly as a telephone book. There don't seem to be any true "privacy" issues invoked by your posited facts. A more interesting question is whether your former employee is using, or intends to use, your customer list to compete with you or to harm your reputation with customers. As a former management employee, the individual in question may have some duties to you in this regard. Again, these facts are incompletely developed in your inquiry and may as yet be unknown to you. You should consult with your own attorney regarding these matters. This is not legal advice.... Read More

The answer to this question is a very standard lawyerly answer:  It depends.  If the plans are copyrighted (by an individual or an entity), then unless you have a license from the copyright owner or their permission to use the plans, you would be unable to use the plans without violating the owner's copyright.  One other note is that the plans to the product could have been copyrighted in the past, but could have since passed into the public domain by the expiration of the copyright. Outside of the strictly legal advice, many woodworking magazines and even books contain plans for products which you would be allowed to use because the owner of the copyright in the designs will grant you a license as part of the publication in the magazine or in the book.   This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.... Read More

Copyrights are considered under the law as personal property (as compared to real property which is fixed in one location).  You son's personal property would pass according to the laws of the State of Louisiana to his intestate heirs.  I am not licensed in the State of Louisiana, but if intestate laws were the same as Tennessee, your son's intestate heirs would possibly be his spouse (if any), his children (if any) and if none of the foregoing, then to both of his parents.  It will be important that you consult a Louisiana attorney to determine what options may exist with respect to your possible rights to these copyrights and what types of probate proceedings are possible.  ... Read More