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 3
Do you have any New York Intellectual Property questions page 3 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

What are my rights for material I produced in a Private NY University Master's Program.

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
There are two issues at play here: 1) Intellectual property law 2) What effect refusal would have on your relationship with the University. The first is simple: what does your contract say about IP or crediting? If it says nothing, they have no rights. The second is more complex.
There are two issues at play here: 1) Intellectual property law 2) What effect refusal would have on your relationship with the University. The... Read More

Assignment Agreement Too Broad?

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
It sounds like there's something missing - like an identification of the subject matter of the assignment.
It sounds like there's something missing - like an identification of the subject matter of the assignment.

Will my trademarked logo protect my designs?

Answered 11 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
You would have to trademark any design you want protected.
You would have to trademark any design you want protected.

What protection do I have after I applied for a trademark?

Answered 11 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Protection against what? The USPTO handles applications based on the date of filing.
Protection against what? The USPTO handles applications based on the date of filing.

Can i share someone else's YouTube Video on my Brands social channels?

Answered 11 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
No. That's a copyright violation. You need consent of the copyright owner.
No. That's a copyright violation. You need consent of the copyright owner.

I Have some quesions about comic book rights

Answered 11 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
The US Patent and Trademark Office charges fees - and while it's technically possible for an individual to get a registration on their own, in fact it's relatively difficult and a lengthy process. You'll probably need an attorney.
The US Patent and Trademark Office charges fees - and while it's technically possible for an individual to get a registration on their own, in fact... Read More

company name

Answered 12 years and a month ago by Todd A. Sullivan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
The fact the trademark is not registered simply means you would not be liable for Federal trademark infringement. You would likely be liable for 'passing off' and/or other unfair competition laws, which are primarily rooted in state laws because what you propose would make consumers of the brand think you are the same entity as the brand owner. ... Read More
The fact the trademark is not registered simply means you would not be liable for Federal trademark infringement. You would likely be liable for... Read More
One would have to do a trademark search to be certain.
One would have to do a trademark search to be certain.

Do I have to pay a penalty for using a copyrighted image on my personal blog?

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
If you used a copyrighted photo without a license you are liable to the copyright owner. 
If you used a copyrighted photo without a license you are liable to the copyright owner. 

How can I find out who created a hate site on me and how can I take it down?

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Litigation is possible - presumably the photo is copyrighted.
Litigation is possible - presumably the photo is copyrighted.

When I photograph a public sculpture, can I sell the photograph as a fine art print?

Answered 12 years and a month ago by Todd A. Sullivan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Copyright does not just protect against exact copying of a work, it also protects against copying of the work with minor modification. The latter is known in copyright law as derivative works. Turning a book into a movie is regarded as a derivative work and doing so without the permission of the owner of the copyright on the book would be copyright infringement. Similarly, if the sculpture is copyrighted (e.g., the Statute of Liberty copyright has expired), photographing the sculpture can be regarded as creating a derivative work and selling the photograph to profit from the artistic value of the sculpture could get you an infringement suit from the copyright owner. Good luck, Todd... Read More
Copyright does not just protect against exact copying of a work, it also protects against copying of the work with minor modification. The latter is... Read More

License question

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Don't be ridiculous. Ignore the threat. The word Rudolph is not protected.
Don't be ridiculous. Ignore the threat. The word Rudolph is not protected.
The issue isn't copyright. It's cheating. What you're proposing is both cheating and plagiarism.
The issue isn't copyright. It's cheating. What you're proposing is both cheating and plagiarism.

Hi, I am interested in manufacturing a pineapple slicer and corer.

Answered 12 years and a month ago by Todd A. Sullivan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Copyrights are based in works that contain a modicum of creativity. Further, copyrights are not available to protect functional products. While copyrights could be had in the device, it would have to be an ornamental object that is completely unrelated to the function of the device. Think of a lamp with an ornamental statuette joined at its base.  Finally, you would have an argument that the product configuration has been donated to the public because of the patent that issued on the product more than 20 years ago.... Read More
Copyrights are based in works that contain a modicum of creativity. Further, copyrights are not available to protect functional products. While... Read More

How do I insure that I retain all rights to the IP I am licensing to a manufacturer

Answered 12 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
A properly drafted contract.
A properly drafted contract.

What types of licensing would I need to edit/alter copyright protected music and sell to others?

Answered 12 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
You may not use someone else's copyrighted material in that fashion without a license to make a derivative work.
You may not use someone else's copyrighted material in that fashion without a license to make a derivative work.

Is it a violation of IP law if I play a copyright protected song with my own choreography at a public performance?

Answered 12 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
That would violate the rights of the author of the song. You need a license.
That would violate the rights of the author of the song. You need a license.

Can I sell a movie script for a movie that has already been released?

Answered 12 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Under what conditions was it provided? Most likely the script is not yours to sell.
Under what conditions was it provided? Most likely the script is not yours to sell.

Can a trademark be used in a phrase without permission

Answered 12 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Intellectual Property
That depends upon the phrase and the use.
That depends upon the phrase and the use.

Can I publish a book with a title that is alredy exists? my book is on a different subject

Answered 12 years and 2 months ago by Todd A. Sullivan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Book titles are not protectable IP, with the exception, perhaps, of some of the most famous books getting trademark protection that could include their title. I cannot advise you on this specific title, but I do not recall a famous book titled THE CHOSEN.
Book titles are not protectable IP, with the exception, perhaps, of some of the most famous books getting trademark protection that could include... Read More

User inputs copyrighted names in application where other people can see that.

Answered 12 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Probably not.
Probably not.

App creation and protection

Answered 12 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Non disclosure and non compete agreements are common methods.
Non disclosure and non compete agreements are common methods.

Can I get a Referral to a US Attorney from India?

Answered 12 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Please feel free to get in touch - but it's not clear what you mean by "initiated...in 2002" and how that would be current.
Please feel free to get in touch - but it's not clear what you mean by "initiated...in 2002" and how that would be current.

Accidentally opening mail delivered to my address?

Answered 12 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Do nothing. It's not a problem.
Do nothing. It's not a problem.
Absolutely. The USPTO is quite proficient in this area.
Absolutely. The USPTO is quite proficient in this area.