Intellectual Property Legal Questions

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

You really have not provided enough information. Is the Portuguese organization using the name in the U.S.? Does the U.S. organization have a U.S. and/or a Portuguese registration? Without more information, a proper answer cannot be given. It would also be helpful to know the name involved.... 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

Well you need to have the website in question (and your use thereof) evaluated against their trademark claim to determine whether there is any legitmacy to their request to C&D.  Once you have that evaluation, you'll need an attorney to write back a response for you.  Typically that whole process will 4-5 hours to complete.   -Paul http://www.protectitip.com/contact/... 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 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

There are actually fairly straight forward answers to your questions, and indeed some use of marks is allowed and some is not.  Both copyright and trademark rights are at issue.  I can provide you the advice on hourly basis ($400/hr) or through a pre-billed package (3 hours for $1000.)     http://www.protectitip.com/five-pillars The package doesn't expire meaning you can use the legal advice whenever you want.  If after two months you haven't used the whole thing, you can request a refund of any used amount. -Paul http://www.protectitip.com/contact/      ... Read More

My advice would be to invest in the help of an attorney to draft up the document for you.  In my experience, while there are some good provisions here and there floating around the internet, they often have holes in them.  The thing is, you may never have an issue where the document will even come into play, but if you get sued by a client, you want to make sure that document is going to hold up in court and protect you from liability.  At least if you have one custom drafted by an attorney, you'll know what it says, what it does, and how it protects you. ... Read More

No, you very might have a legal course of action here.  There are claims for copyright infringment, false attribution, breach of contract, etc. We sell a 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 More

There are ways to sell this craft project that infringe and there are ways to do it that don't infring.  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 how to take advantages of the loopholes in copyright law, so you can move forward with selling your products. Looking forward to your reply. -Paul Roberts, Protect it! IP Contact info... Read More

Yes, you can definitely sue under multitheories of libility here (especially since it's a minor.)  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 how to enforce your rights, provide takedown notices, etc. Looking forward to your reply. -Paul Roberts, Protect it! IP Contact info... Read More

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 whether he owns the code, whether your actions are illegal, whether his actions were illegal, whether you're responsibile, whether the first amendment applies, etc. Looking forward to your reply. -Paul Contact info... Read More

The short answer is some uses are ok and some are not, and how you use them is what controls. 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 trademark 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 More

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 More

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 More

Trademark questions are almost always fact intensive. The following is my "impression" NOT legal advice: I think Finding Supremo is a "cute name" and even though I saw Finding Nemo with my then-young children, I never would think of a connection between the two (unless Supremo sold tropical fish!) ... Read More

The terms of the license agreement appear somewhat contradictory. On the one hand, A agreed not to sue for the manufacture of the Licensed Product, and on the other hand, A has exempted a patent covering a method of making the Licensed Product. If viewed consistent with each other, B can manufacture the Licensed Product so long as the Licensed Product is not manufactured by the method of the unlicensed method patent.  However, a problem arises if the Licensed Product can only be manufactured by the method of the unlicensed method patent, and not enough facts exist to determine whether the right to manufacture the Licensed Product implicitedly gave a license under the method patent given that it appears from the statement of facts that the existance of the method patent was not disclosed by A to B.... Read More