New York Intellectual Property Legal Questions

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125 legal questions have been posted about intellectual property by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include copyrights, intellectual property licensing, and patents. All topics and other states can be accessed in the dropdowns below.
New York Intellectual Property Questions & Legal Answers - Page 2
Do you have any New York Intellectual Property questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 125 previously answered New York Intellectual Property questions.

Recent Legal Answers

The registration of a trademark is based upon the filing of an application, not a judgment of competing claims to the rights to the underlying mark.
The registration of a trademark is based upon the filing of an application, not a judgment of competing claims to the rights to the underlying mark.

Intallectual property query

Answered 11 years and a month ago by David Scott Safran (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
You do not say what your doubt is regarding patents so i cannot answer. Also, there is no such thing as an international patent. It is an international patent application that is a gateway to obtaining a patent in any of over 100 countries. You obtain a search and an informational assessment of patentability which you can then use for deciding whether or not you wish to proceed with a patent application in any of the member countries based on the content of the international patent application.... Read More
You do not say what your doubt is regarding patents so i cannot answer. Also, there is no such thing as an international patent. It is an... Read More

writing fitness article for magazine

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Against what? Fitness articles rarely result in violence. Do you plan to make negative comments about individuals or clubs?
Against what? Fitness articles rarely result in violence. Do you plan to make negative comments about individuals or clubs?

Can I sell images from the internet in printed format?

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Not grey at all. Each image is subject to copyright.
Not grey at all. Each image is subject to copyright.

Separately trademark distinct parts of a trademark to be used in commerce together?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Trademark protection is granted to something that serves as an indicator of the origin of a product or service. While your posting is at best opaque - if you use what you're calling a component as a standalone mark, it would become its own indicator, and thus presumably be eligible for registration as a mark.... Read More
Trademark protection is granted to something that serves as an indicator of the origin of a product or service. While your posting is at best opaque... Read More

Can a Youtube user sue me if I send a counter copyright claim?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
An idea is not protected by copyright.
An idea is not protected by copyright.

Is it legal to translate a whole website content and publish it ?

Answered 11 years and 4 months ago by Mr. Paul Alan Roberts (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
" Is it legal to translate a whole website content and publish it ? Is it legal if I translate a website such as w3schools.com to my language and publish it on my website with a reference link to the original page !" That almost certainly would be copyright infringment.  There are ways you copy information without creating liability for copyright infringment, but that takes some specific steps.  Also, I'm sure what you are talking about doing would also be a violation of the terms of use.    ... Read More
" Is it legal to translate a whole website content and publish it ? Is it legal if I translate a website such as w3schools.com to my language... Read More

Will we get sued by another website if our idea is similar

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
That's impossible to determine.
That's impossible to determine.

I was contacted by the BBC and they want to license my video on Jeff Koons, Talking Heads Conversations, which I have copyrighted.

Answered 11 years and 5 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
You'd need to be an attorney to know how to draft a licensing agreement. As to price, the first question is what the proposed use of the material is. The second: how much material is there, and in what form?
You'd need to be an attorney to know how to draft a licensing agreement. As to price, the first question is what the proposed use of the material is.... Read More

Do I need a lawyer

Answered 11 years and 5 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
It might be prudent to have it reviewed.
It might be prudent to have it reviewed.

Is it illegal (and would it actually be punished) to hack into foreign banks in terrorist countries like pakistan and steal money?

Answered 11 years and 5 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Of course.
Of course.

Would this company be able to trademark these words / phrases?

Answered 11 years and 5 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Whether a mark is registrable or not is a fact specific inquiry. An attorney would need to know the specific mark as well as the class in which registration is sought, and then do a search. Even after that the attorney could only offer an opinion as to whether registration is likely. And no attorney will do the work for free.... Read More
Whether a mark is registrable or not is a fact specific inquiry. An attorney would need to know the specific mark as well as the class in which... Read More

Is it legal in NYS to create your own, personal t-shirt commemorating an event (e.g. concert)? Not for sale or reproduction.

Answered 11 years and 7 months ago by Todd A. Sullivan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
The question does not come up because no one attempts to enforce copyrights/trademark rights against an individual that makes one t-shirt.  You would need to do something very significant while wearing the t-shirt to get it noticed enough that a rights holder would make an issue of it.... Read More
The question does not come up because no one attempts to enforce copyrights/trademark rights against an individual that makes one t-shirt.  You... Read More

I am an author of a children's book that a large organization would like to use to stage an event around

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
There is no formula.
There is no formula.

Book licensing fees

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
You don't need to charge - but you can.
You don't need to charge - but you can.

In NYS is it illegal to parody an animated film character image?

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
It's hard to see how you could be arrested. You might be sued for trademark violations.
It's hard to see how you could be arrested. You might be sued for trademark violations.

Is diclosing Email messages of another party illegal ?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Technically the e-mails are copyrighted. But unless he reprints the e-mails word for word it would be very difficult to prove a violation.
Technically the e-mails are copyrighted. But unless he reprints the e-mails word for word it would be very difficult to prove a violation.

I received a letter from Johnson and Pham LLP, what should i do?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
If you had nothing to do with it your options are to ignore the letter or write them back and tell them the story. Johnson and Pham is notorious for such letters...' If they actually sue you, get a lawyer.
If you had nothing to do with it your options are to ignore the letter or write them back and tell them the story. Johnson and Pham is notorious for... Read More

The question pertains to copyright.

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Maybe, because we don't do law school homework here.
Maybe, because we don't do law school homework here.

Can I own the rights to a business proposal?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
It's technically possible - but from your question it seems you don't really understand copyright and what that right actually means to you.
It's technically possible - but from your question it seems you don't really understand copyright and what that right actually means to you.

can i copy this item and sell it

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
No, you can not take someone else's product and pass it off as your own.
No, you can not take someone else's product and pass it off as your own.

Can I be taken to court for copyrights infringement on selling generic items on ebay?

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
I'd bet that it's not copyright but trademark infringement that's involved. Whether their claim is valid or not can't be determined from the little that you posted.
I'd bet that it's not copyright but trademark infringement that's involved. Whether their claim is valid or not can't be determined from the little... Read More

Domain Name - Trademark Question

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
You can't trademark a domain name except under unusual circumstances.
You can't trademark a domain name except under unusual circumstances.

Will my domain name similar to a existing trademark give me trouble?

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Without specifics no one will be able to tell you.
Without specifics no one will be able to tell you.

can i leave the country while in a lawsuit?

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
No. Nothing in litigation of that type bars you from travel.
No. Nothing in litigation of that type bars you from travel.