New York Intellectual Property Legal Questions

    Creating a 3D map of New York City involves various legal considerations, particularly concerning architectural copyright laws.  while creating a 3D map of New York City that includes publicly visible buildings is generally permissible, especially under fair use for non-commercial purposes, it is crucial to be aware of specific legal nuances and seek appropriate legal guidance to avoid potential copyright infringement.... Read More

It would be advisable to have an assignment agreement in writing. An assignment agreement is created to transfer all copyright interest to another. If you don't do this, at least you should have a work for hire a agreement, so that it serves as evidence of copyright ownership.  DISCLAIMER. This is not legal advice. ... Read More

The inventor or assignee of an invention can file a provisional utility patent application, regardless of residency or citizenship status.  While the PPA is not required to meet strict formalities, you are well advised to obtain the services of a patent attorney in preparing and filing your provisional application.  There are many potential pitfalls that may limit the patentability or scope of your later filed nonprovisional application.  Some attorneys offer a discount for preparation of the nonprovisional if they have been hired to prepare the earlier provisional application.  ... Read More

In general term the owner of the copyright is the creator not the person who pay for the creation. As a result of that many agreements with artists, developers or software engineers have included a clause to transfer the copyright interest in the work to the person who hires the services of the creator of a work, for instance, a software. That said, there are additional considerations to make, which cannot be all addressed here. This article may help https://www.ayalamateus.com/who-owns-the-intellectual-property-rights-of-a-creative-work. Additionally, platforms like Fiverr do not get involved in a transaction with a freelancers and will not protect your intellectual property or help you with the enforcement of any agreement. Additionally, under Fiver terms and conditions users give to Fiverr an unconditional nonexclusive unlimited license. Whether those terms are enforcement may be subject to debate. However, I don't think you want to create your software to spend years in court. ... Read More

As long as the comparison is truthful and you can prove with empirical data. You may have seen cellular service provider corporation advertisements. They compare with competitor speed, coverage in the advertisement based on the third party assessment tool. Sometimes, these advertisements may be slightly misleading. These are big corporations and will be able to defend themselves from claims of slightly misleading content. Totally misleading advertisement with no factual basis is illegal and most probably get sued by Federal Trademark Commission (i.e., F.T.C.) and competitor. Your best shot would be to find an expert third party independent company in your product category of the industry. Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

Thank you for the question regarding trademark law and counterfeit goods.  Counterfeiting goods, sometimes called gray market goods falls within the Trademark Act (Lanham Act) and allows for a variety of damages (penalties) including huge fines and even imprisonment.  Under the Lanham Act, there are also civil remedies that you can seek such as treble damages (a fancy way to say triple damages), attorney fees and seizure of the infringing goods.  Some examples of Trademark Infringement:  Using a sign or logo similar to McDonalds "golden arches." Counterfeit example:  Selling imitation Louis Vuitton Purses that are of lesser quality and imitate the original.  Some of the most counterfeit goods are shoes, toys, watches, clothing, handbags, and basic electronics.  My recommendation is to speak with a Law Firm who handles Trademark Infringement cases.  I wish you the best of luck.   Respectfully, Andrew S. Rapacke The Rapacke Law Group, P.A.... Read More

If this truly occurred, you need to file a grievance with the state bar association (you can do this yourself without an attorney), and if the bar association rules that the attorney violated his obligations to you, you can then get an attorney to file a law suit against the attorney and his firm seeking financial damages.... Read More

It is a risky proposition to use company names, brands, and/or logos on your website or in another marketing materials without permission from the company/brand owner to do so.  From your post, it is little unclear to me exactly what your business is and how you are using third party company logos.  I would need to learn more from you about the specifics of your situation in order to provide more specific feedback.  However, as a general principal, use of a third party's name, brand, and/or logos in a commercial manner, without their permission, particularly if your use suggests a relationship, affiliation, sponsorship or some type of connection between the third party and your business is potentially actionable and could expose you to legal liability, injunctive relief (such as a temporary restraining order), and/or monetary damages.... Read More