Washington Intellectual Property Legal Questions

 Hire and attorney to do something similar to the following: 1. Copyright Protection for Original Content: Register the Copyright: Copyright protects the creative elements of your game, including written content, artwork, rules text, and character or story elements (as long as they aren’t purely functional). You can file for copyright with the U.S. Copyright Office to protect your written material, illustrations, and the overall book or game manual. Copyright Notice: Add a copyright notice (e.g., “© [Year] [Your Name/Company Name]”) on the game materials to make ownership and protection clear. 2. Trademark Registration for Branding: Register the Game’s Name and Logo: Trademarks protect the name of your game, any logos, and possibly character or faction names if they are uniquely tied to your game brand. This prevents others from using similar names or logos in connection with similar products. File with the USPTO: File a trademark application with the U.S. Patent and Trademark Office (USPTO) for the name of the game, the series title (if applicable), and any distinct logos. 3. Open Game License (OGL) Setup: Define Licensed Content: Choose which specific game mechanics, terms, or parts of the game will be open for use by others under your Open Game License. Typically, you might allow usage of basic mechanics, certain rule sets, or general gameplay methods but restrict the use of specific story elements, characters, or unique lore. Craft Your OGL Document: An Open Game License allows others to use selected content with clear boundaries. You could use an existing OGL as a model (like the one published by Wizards of the Coast), but consult an attorney to ensure your license reflects your unique requirements. Make sure the OGL includes: Permitted Content: Specify the content others may use and the ways they can use it. Restricted Content:  Attribution Requirements:  Conditions for Commercial Use:  Legal Review: Have an attorney review your OGL to ensure it legally enforces the boundaries you intend. 4. Licensing, Distribution, and Attribution: Decide if you want to provide a standard attribution format for others to use in their content. This helps ensure that people using your OGL consistently credit your work. Outline clear guidelines for distribution to protect both you and others creating under the OGL. Specify if they can only distribute in certain media or if there are particular limitations on reproductions of the game materials. 5. Consideration for an LLC: If you haven’t already, forming an LLC (Limited Liability Company) may offer extra protection for your intellectual property and limit personal liability.  6. Ongoing Protection and Monitoring: Monitor Use: Regularly check for compliance with your OGL and pursue any violations. You may wish to establish specific terms for enforcement in your OGL. Update Trademark and Copyright Registrations: If you expand the game with sequels, spin-offs, or new content, register those new elements accordingly.  ... Read Answer

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 copyright 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 Answer

Testimony. You would testify to the authenticity of the document. You can print it and put a date on it (if one does not naturally appear) and you would then testify to the authenticity that the document is a true and accurate copy printed by you on the date shown on the document. The print out is more credible if you do this frequently as part of a regular business practice or you printed it because something in particular gave you concern in this case. Good luck, Todd... Read Answer

If your use of the team names confuses consumers, leading them to believe you are associated with those teams in some form (e.g., licensing or endorsed by), you could be liable for trademark infringement. The NFL, MLB, and NBA have contact information available online for licensing. Good luck, Todd... Read Answer

'Creating a link' doesn't sound significant/difficult. I think of a link as a URL. In the future, you may want to lead with "I created a dashboard." Assuming the dashboard required the development of some software code, you may have copyright protection over your work. Copyright protection for works related to employment require work for hire analysis. 17 USC 201(b) states: In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, [the employer] owns all of the rights comprised in the copyright. The employer can show that a work is made for hire by establishing that it was (1) created by an employee (2) acting within the scope of the employment relationship. 17 U.S.C.A. Sec. 101  In this wonderfully outdated use of language, you are a servant: http://elephantcircle.net/wp-content/uploads/2011/10/restatement-second-of-agency.pdf. Look specifically at Section 228. 228 sets out three factors in determining if the work was created within the scope of employment. The analysis requires a further understanding of your situation and cannot be done for free, but this is where I would look to understand this matter. Also, a labor law attorney may have an understanding of labor laws that would also come into play.... Read Answer

I can't speak to EU law. In the United States, titles are not easy to trademark. In order to be eligible for trademark, the title must develop secondary meaning. Few works achieve secondary meaning such that they become eligible for trademark. As an example, "Little Mermaid" is only registered for theme park services and greeting cards, not for books/movies/entertainment services. No one registers the title of a sequel where the sequel title is the parent title with a '2' at the end. "Toy Story" has 15 registrations right now, but Disney never filed for "Toy Story 2" or "Toy Story 3".  ... Read Answer

Here is the tough part of these types of free Q&A's. When I give advice on these sites, I create legal liability for myself. If you rely on my advice to your detriment, you could come up with an action against me, you could complain to my state bar, etc. To answer this question effectively requires reviewing material you had on your website and considering whether your site is doing something permissable or is doing something violating a right of Tumblr.  Even if the site was still up, that takes significant, uncompensated time to create self-liability. Most attorneys gravitate to the cupcake questions. I'm more adventurous than most (IMHO), but I need to set limits. Here is an article discussing a parody of Kickstarter: http://www.theguardian.com/world/us-news-blog/2012/jun/20/kony-2012-group-lawsuit-parody  I would suggest looking up other articles that include 'fair use' 'website' 'parody' and 'lawsuit' to better understand the issues at play. You might also check with the local law schools and see if any have an IP clinic that would be able to give you advice and information on the cheap. At the end of the day, if you can't afford help, then you probably should submit to Tumblr's demands. I don't know anything about the fine, but I would ask Tumblr to identify the statute so that you can understand what they are talking about.... Read Answer

By and large, recipes can only be protected as trade secrets. Protecting trade secrets requires keeping the information confidential and only sharing it with people who owe you a duty of confidence, such as through a non-disclosure agreement. If you do not have any employment agreement, I do not know of a legal vehicle either of you could use to keep the other from using the recipes going forward. Here is an example of a recipe being protected (note the confidentiality efforts): http://blogs.orrick.com/trade-secrets-watch/2013/10/31/halloween-edition-cookie-maker-gets-early-treat-when-court-protects-halloween-cookie-recipe-as-a-trade-secret-2/#more-492  ... Read Answer

The DMCA is a "safe harbor" provision which means that it is a way for someone who might otherwise be liable for copyright infringement to avoid liability.  If you, indeed, have a valid copyright and the notification you provided is also valid under the Copyright Act, and the protectable elements of your app have been illicitly copied, then it is possible that Google might be liable for facilitating the infringement. ... Read Answer

Your question is, unfortunately, highly non-specific about what you are buying and what rights are being retained by the seller, so it is simply impossibly to answer. You need to have your contract reviewed by an attorney and you need to consult with him regarding your expectations and the customs in this field, whatever it is. Good luck.... Read Answer

Since your proposed goods would display a mark that included the senior user's registered mark SONICS in its entirety, a presumption of infringement would arise. The addition of the term ZOMBIE before the registered mark does not negate this presumption, particularly since the team referred to is the same team.... Read Answer

There are several issues here that you raise, and no one can give you an opinion unless they see your work and the Lionsgate work to compare them. First, the myth that there is certain "percentage" of a work that can be used without infringing needs to be put to rest. The only way you can use someone else's copyrighted work without permission is if your use is a "fair use." Fair use is a judgment made on a number of factors, and at the end of the day only a court's opinion counts. Second, you mention "derivative work." If your work is based on a pre-existing work, then it is a derivative work and infringes the copyright of the underlying work if you did not get permission to make your work. The third issue you raise is whether your work is an infringement at all. Again, this is a judgment call. You do not have to make an identical copy to infringe a copyrighted work - you only need to make a "substantial copy." Either Lionsgate believes that your work is infringing, or else they are trying to bully you. If you choose to fight them, you should get professional assistance.... Read Answer

A parody is often considered noninfringing under the Fair Use provision of the Copyright Act.  Under the Act, the four factors considered when making a determination of fair use include:  (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.  17 USC 107. Most parodies are found to satisfy the fair use criteria.  Irony is not necessarily parody nor is perhaps "make fun of another avenue", which sounds like satire.  This information should not be considered legal advice for your specific circumstances and are offered only as general information on the topic of your question. This should not be relied upon as legal advice and Sills Cummis and Gross does not represent you until you have signed a retainer letter from us. Philip Braginsky Sills Cummis and Gross http://www.sillscummis.com/practice/practice_group.asp?id=28  ... Read Answer

As you seem to recognize, Fair Use does not lend itself to an easy definition.  The determination of what is and what is not considered Fair Use is based on all of the facts involved.  With animated characters, even when redrawn, there is a high risk of infringing someone's copyright.  A derivative work is likely an infringing work.  Only the copyright holder has the rights to derivative works.  There are certain exceptions, but one needs to consider the entirety of facts to make an appropriate legal determination.  This information should not be considered legal advice for your specific circumstances and are offered only as general information on the topic of your question. This should not be relied upon as legal advice and Sills Cummis and Gross does not represent you until you have signed a retainer letter from us. Philip Braginsky Sills Cummis and Gross http://www.sillscummis.com/practice/practice_group.asp?id=28  ... Read Answer