Intellectual Property Legal Questions

If you have a licensing agreement with ABC LLC, first and foremost, I would encourage you to review the license and see if the terms of publicly disclosing the licensing the agreement are discussed. Often, a licensor has specific language they want you to use and any variation on that language could create a breach of contract issue. That said, there is no magic language that is appropriate. More elaborate language might be useful if you are trying to sell your product off of the goodwill of ABC LLC (e.g., Official Licensed Product of ABC), whereas if you are only looking to make it clear that your product will fit/accessorize with the ABC toy, something simple avoids overshadowing your brand (e.g., Licensed by ABC LLC).  If you are an exclusive licensee, you may want to insert that 'exclusive' term in there as well, as it lets consumers know you don't have a licensed competitor.... Read More

The issue you are raising is called a "Right of Publicity". Most states have right of publicity laws and I would expect California to be chief among them. A "right of publicity" is an individual's right to keep their image from being used for commericial gain. en.wikipedia.org/wiki/right_of_publicity For instance, I cannot sell salsa with Tom Cruise's picture on it without his permission because it implies endorsement and he has a right to control his endorsement business. I could also not have a local play with his likeness on an advertising poster implying that he would be in the show (assuming he was not in the show) because that would deceive consumers. To succeed in this type of action, my understanding is that you would need to be able to show that consumers/patrons of the show were confused and/or the producers of the show benefited financially from having your image in the poster (e.g., patrons recognized you). As one of the entertainment centers of the world, California right of publicity laws may have advanced further or be more nuanced than I am describing. If you have a right of publicity action in California, you can file suit in state court to enjoin the company from continuing to use the poster and/or reimburse you for any financial losses you can demonstrate.... Read More

I would think that it would have no effect since an invention that has not reached the point of "being ready for patening" cannot be sold.  On the other hand, if the invention has been fully developed and you are just seeking funding to go into production, and as part of the kickstarter funding you are providing the investor with the invention once it is produced, then you would be safer to file a patent application before putting it on kickstarter.... Read More

Context matters. As a general matter, it is perfectly "legal" to use anyone's logo or brand indicia in a film, without permission, as long as it is done in a manner which does not falsely suggest the endorsement or sponsorship of the film or the producer's products by the trademark owner. For example, it is entirely possible to have your hero drink Beefeater or 7-Up in clearly identified containers. No permission is required. It is not really clear what interest you may think is being protected, but trademark law doesn't preclude all use of the trademark owner's mark by others. Sometimes, in an excess of caution, such permissions will be sought. They are nearly universally granted.... Read More

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 More

First, it is noted that copyright attaches to a work upon creation of the work, and registration is only necessary to enforce your rights in court.  Had you registered your copyright within 90 of the May 2012 publication of the photos on the website, you could have been entitled to attorneys fees and statutory damages. However, since you evidently did not, you would have to prove actual damage to collect money, but could obtain an injunction against use of the photographs. The copyright would cover not only use on another website, but also printing out of copies of the pictures. You could send notices to the various website owners advising them that they are violating your copyright in the photographs and demanding that they be removed, but if they do not do it voluntarilly, you could contact whatever service is hosting the website if it is not hosted by the website owner advising them of the violations and asking them to shut down the website untill the pictures are removed and your last option would be to institutle litiagtion, which could be costly.... Read More

You appear to be asking, whether or not you can use a trademark for your product, where that trademark is similar to a trademark owned by someone else.  The answer will depend upon whether the trademark you want to use is available for your intended use, for the particular product in association with which you will use the trademark.   Generally, the standard is as follows: is your use of mark confusingly similar, to the extent that consumers will confuse the source of your goods, as being the owner (or licensee) of the other trademark. To make this determination, a comparative analysis of your product and the other owner's product is required.  Research would also be required to make sure there are no conflicting marks in use and/or registered with the US Patent and Trademark Office.  Neither I nor the USPTO recommends doing this on your own without legal assistance, as trademark law is complex and not straight forward.   Here are some links with articles that you may find helpful: Click here for article about Trademark Registration, why it is best to consult with an Attorney and how they can help you.   Click here for ten (10) additional helpful articles about Trademarks.   Best, Michelle L. Grenier, Esq. Trademark Lawyer Grenier Law Offices, PC   Feel free to contact me  by Clicking Here:  Contact Michelle L. Grenier, Trademark Lawyer     ... Read More

The question lacks sufficient facts.  Is it legal for me to store my login credentials for various websites in a password management program, of course.  And it is legal for the program to store them with my consent. Is it legal for Yahoo to store my Facebook login with my consent.  Sure why not, all you are doing is facilitating linking of the two websites. Can you be more specific if you have another question in mind.... Read More

This is pirmarily a privacy, or civil rights, issue. As a general matter, it is impermissible to use the picture of a living human being for advertising, trade or commercial purposes without his or her permission. To do so without permission is a common-law tort in every state and forbidden by statute in other states like California and New York. The question for your friend is whether this use is a "commercial" use, because if it is really a journalistic use (i.e., an accurate representation of real-life events of interest to the public), then his permission may not be required. You can have your friend contact our office if he wishes to discuss this matter further.... Read More

You do not provide enough information to properly answer your question.  Presumably the Canadian company claims to have a copyright in the photo. If so, remove the photo from you website and advise Canadian company that you have done so and direct them to the web developer who put the photo on your website without your knowledge that it is a protected work. Most likely, the will be the last that you hear from them.... Read More

Not sure how you would create a game that already exists, and assume what you mean is that you physical produce an actual game that your read about.  However, you have not provided enough information about the game for a proper answer to be given. Is the game one that has been around, for example, for a century or only a year? Was this game ever commercially produced?  Was the game attributed to a particular person or company? Information of this type is needed to determine if the game (or aspects of it) might be covered by copyright or patent. Until it is determined what might be protected by copyright or patent protection, the question of the type of changes that may be needed cannot be answered.... Read More

The answer to you question, while it may be unsastisfying, is "probably yes." The fact is, when the publisher failed to pay you (assuming that there actually was money due), they materially breached the agreement.  Now, the "probably" part of my answer refers to the possiblity that they could sue you if you took the book elsewhere, and argue that in fact the nonpayment was a minor breach.  Unfortunately, once it gets to court there are no guarantees.  So what you may want to do is to send them a letter saying that you believe that they have breached the contract and that you have the right to pull out unless they send payment right away.  Then see what they do. Depending on the amount of money involved, it may be worth your while to seek an attorney's advice on the situation.  I would be happy to speak with you, if you would like to call my office.... Read More