Ohio Intellectual Property Legal Questions

It depends.  If the other business's trademark is considered famous, then you should not attempt to use or register a similar trademark in another field of use.  Also, if your intended use could be considered related, or an offshoot of the business of the other company, then I would not recommend that you use a similar trademark.... Read More

"I started an "Internet radio", i own the website and the youtube channel. Recently the "host" of my "internet radio" decided to depart the program and is now trying to claim ownership of the content on our youtube channel which does generate revenue." Answer: The truth is this might be a tricky issue to resolve.  A lot will turn on how the employment agreement is worded, application of the work for hire doctrine, presence of noncompete agreements, and the degree of creativity for the content.  Without knowing more, this strikes me a situation where you both have arguments, and it would be a good idea to try to settle this early (with both sides being reasonable.)  It will probably come as a shock to you, but unless you were very careful (i.e. hired a copyright attorney) in how your contracts with those host were written, he might right in claiming he owns some of the copyright for the youtube channel.... Read More

There is no typical figure. You try to get as much as you can negotiate based on market demand, uniqueness of the product, and your proprietary rights. 5% of cost will be materially less than 5% of net revenue. You could be talking about 40%-50% less in royalties than you were anticipating. That fact does not make this royalty amount wrong or bad, but if you have the ability to negotiate 5% of net revenue, then 5% of cost is underselling your position. There are times when something other than net revenue or net sales is appropriate for determining royalty percentage. When your product is only a portion of what is being sold (like licensing air bag technology for a car), it may be appropriate to fix the royalty to your contribution to the bundle rather than the cost of the bundle. That said, I prefer to negotiate a flat dollar amount (e.g., $0.50/unit). Having a royalty based on cost just further incentivizes construction of a cheaper product and you may not want to further that incentive with your product. None of these ideas are intended to provide an opinion of your situation, I don't have the facts to offer an informed opinion, but these are the issues that come to mind when I think about this type of situation. Good luck, Todd... Read More

If you pirated MS Word and gave it away to schools (educational purpose and no income), you would be guilty of copyright infringement. There may be other facts that help you avoid copyright infringement under a fair use argument (look up fair use on wikipedia), but the facts you have given do not avoid infringement.... Read More

Dear Mr Brandon, depending on the nature of the work you have done and its actual originality as well as the gravity of the school action taken against you, you could consider sending the school administration a straight forward legal notice apprising them of your rights and your wish to have your name acknowledged on the video.If you think you have a proper IP right to the video, why don't you consider publishing it to your youtube account or any of your social networks before it is released alongwith credit to your name?While we do not have too much information from your end to assist you currently, a few more details could help us pinpoint exactly how you can proceed with a cost-effective legal strategy in this case.... Read More

As a general matter, facts cannot be copyrighted. In other words, the fact that a particular vehicle was offered for sale at a particular auction is not something that can be protected under the laws of copyright. There are some limitations on this principle, however. First, if the collection of listings has some originality or authorship content -- as opposed to the data itself -- that authorship, or the selection and arrangement of listings, may be copyrightable. Second, if you have obtained access to the listings by your agreement to terms of use which preclude further copyright, that agreement may bind you even though the law of copyright does not apply. If in doubt, speak with an attorney before commencing your proposed business.... Read More

The absence of a copyright notice does not mean that the work is no subject to copyright. As a general matter, there is always a copyright in any work of authorship, unless the work is so old that it has passed into the public domain, or it was created under circumstances where no copyright protection is possible. You should assume that someone owns the copyright in this work and that you will be sued if you reproduce it for a commercial purpose.... Read More

The copyrights on works by Sir Arthur Conan Doyle are asserted to last until the end of 2022 in the United States so you would need to steer clear of making a substantial copy or a derivative work of his works until that time to avoid a copyright infringement claim. In addition, his estate has registered many of the names of his characters as trademarks in the United States and has publicly stated that any use of his characters' names is prohibited without a license. Information on requesting a license can be found at http://www.sherlockholmesonline.org/licensinginfo/index.htm. In light of the estate's stance, you should consult an intellectual property attorney to discuss all of the facts surrounding your proposal. ... Read More

I agree that you have a potential cause of action for copyright infringement. You have a copyright to your original expression on your website and copying your website certainly raises the prospect of copyright infringement. There are defenses to copyright infringement including what is known as the "fair use" defense. In order to pursue a copyright infringement case it is necessary to obtain a certificate of registration from the US Copyright Office. Filing an application for registration can be done through the Copyright Office website at www.copyright.gov. The website provides instructions on how to file an application for copyright registration. Many people are able to do this without the aid of an attorney. If after receiving a copyright registration you want to pursue an action against the alleged infringer the lawsuit must be filed in federal court. It is highly recommended that you obtain the assistance of an attorney to evaluate your potential case and, if appropriate, file a copyright infringement case. It is important to bear in mind that there is a three year statute of limitations for bringing a copyright infringement case. You should also consider working towards an amicable resolution with the alleged infringer rather than filing a lawsuit. Regards, Dean AmburnHoward & Howardwww.h2law.com ... Read More

Under the Copyright laws, a "derivative work" is a work based upon one or more preexisting works.  Copyright protection extends to derivative works.  Any "alteration" must only be inspired by the original work and should not be substantially similar to that work.  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 More