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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Do patents cover all designs or does it cover the entire concept?

I am being accused of copyright infringement by a company because we make the same product but in different ways. We both make hock socks (protective socks for rabbit's feet) The other company makes them with 3 different fabrics a solid toe and velcro or button around the ankle. I make mine... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Oct 8, 2021

Patents cover the invention that is described in the claims of the patent. A patent may indeed cover all hock socks, or it may cover just a very specific type of hock socks. Without knowing more, we can't really tell you.

Given that you've been contacted by the patent...
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1 Answer | Asked in Copyright on
Q: Are national anthems copyrighted? More specifically the anthems of MKD, HUN, ALB, JPN, NED, USA.
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 7, 2021

Probably not but they may be regulated.

You should consult with an attorney

2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: Hi, I want to know if I could use the patent US20050149421A1for free in European Union as it has been abandoned. Thanks.
Kevin E. Flynn
Kevin E. Flynn answered on Oct 6, 2021

You asked -- I want to know if I could use the patent US20050149421A1for free in European Union.

A few clarifications. First US20050149421A1 is not a patent. It is a publication of a patent application that did not mature into a patent in the US.

So this particular document does...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Copyright Infringement

A well known British singer living in Santa Monica. They are using my US copyrighted Office photographic images I took of them before they became famous in 1989 in music video's plus at least in 2 books and across all platforms. The image is also embedded in their music video which is all over... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 5, 2021

You might have a claim for copyright infringement. I've handled a similar case in federal court involving the unauthorized use of photographs of models. You need an attorney to research the cause of action and make a formal demand, at the very least. I am very interested in the case. Feel free... Read more »

2 Answers | Asked in Copyright for New Jersey on
Q: can u make a parody of a 4 line verse of a song & use it as a jingle?

This has to do with IP and the fair use act doctrine.

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 4, 2021

Maybe

You should consult with an attorney

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1 Answer | Asked in Copyright for Pennsylvania on
Q: Can I use a copyrighted character such as a dc comic book character for twitch streams and YouTube content creation?

To clarify, I would like to use the character as a cosplay with no mention to the characters name. The idea would be to interact as the character while gaming.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2021

No. You should consult with an attorney.

1 Answer | Asked in Copyright on
Q: can design pat can restrict it's copy for 30 years ?

patent D332084 Omega Connector

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 29, 2021

No.

Design patents last 15 years.

Consult with an attorney.

1 Answer | Asked in Consumer Law, Copyright and Criminal Law on
Q: Using website's contents

Is there any problem using an e-commerce website contents on my deals website for example showing products with images from e-commerce website on my website and a link redirect to the their website. Is that legal or I will get copyrighted?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 28, 2021

Very likely. It depends on whether you have permision of the owner of the content.

Consult with an attorney.

1 Answer | Asked in Legal Malpractice, Contracts, Copyright and Criminal Law for California on
Q: If I reveal that I saved sensitive info my boss wanted gone, what are the legal ramifications?

I may or may not have a copy of sensitive information (I work in security) which my boss asked me to delete completely. If I reveal publicly that I have this information, what should I expect to happen from a legal standpoint?

Dale S. Gribow
Dale S. Gribow answered on Sep 25, 2021

more info is needed.

I suspect you had a Federal job and signed an agreement when employed, that you don't want to violate.

I am not a Federal Criminal Lawyer, but I would bet that disclosing the info would be a criminal offense, and could lead to your arrest and prosecution....
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1 Answer | Asked in Copyright on
Q: Asking for legal notice on cricket boards for giving strike on my youtube video.

Sir, I have a youtube channel where I used to upload cricket videos of different boards but doing my voice then also i got a copyright strike on my videos . Other youtubers also used to upload Cricket videos but they didn't get any strike

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 25, 2021

Sounds like a coypright infringement. Consult with an attorney.

1 Answer | Asked in Copyright for California on
Q: Want to know if it's okay to use names of deceased people in a children's book.

We are an independent publishing company publishing a children's books with names of deceased.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 25, 2021

It depends on who the names are. Consult with an attorney.

1 Answer | Asked in Copyright, Legal Malpractice, Patents (Intellectual Property) and Trademark for California on
Q: i need to file a patent

i have some softwear that i need to gain all rights for leasing

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 23, 2021

You need to consult with a patent attorney and do an analysis of cost and benefit.

1 Answer | Asked in Copyright for Alabama on
Q: How do I get permission to use a song in a stageplay?

I am writing a stage play and I want to use a song in the play. I read a NOLO book on getting permission to use copyrighted materials but it had a videogram license attached to it. I don't want to film the play. I just want to use the song.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 22, 2021

Consult with an attorney.

Start with Google, look for owners of the rights.

2 Answers | Asked in Copyright for California on
Q: I'd like to open a cafe with movie/show animal characters on display from a variety of popular shows, could I?

They would not be for sale and would be decor around the store in an "enchanted forest" theme. For example, Pokemon, Harry Potter, Marvel. The main attraction of the cafe would be food, drinks, and board games. I am wondering if this would be allowed without permission from the owners and... Read more »

Tania Maria Williams
Tania Maria Williams answered on Sep 21, 2021

Unfortunately, that likely infringes on the rights of the copyright owners. The Velvet Elvis is a bar that had a similar issue and was sued by the estate of Elvis Presley. You should contact an IP attorney to determine the best way to build your brand.

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1 Answer | Asked in Copyright for California on
Q: Is it legal to create a service that charges for short movie clips to be used in youtube videos?

Similar to Storyblocks, I had the idea of creating a service that consolidates short movie clips into one location so that they can be used for documentaries and video essays. I know there are many youtubers that use movie clips to help keep the viewer entertained, but I'm wondering if... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Sep 21, 2021

Probably. More facts would be needed for an answer. The studios spend tremendous amounts of money to make the movies those clips come from. They tend to get upset when somebody takes their property for free.

There are probably legal ways to provide this service that do not involve copying...
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1 Answer | Asked in Business Formation, Business Law and Copyright for Washington on
Q: If I purchase nfl stickers and used them to decorate masks to sell would that be copyright infringement?

I am thinking of decorating masks with nfl stickers and then selling them on a craft website.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 20, 2021

Very likely. Consult with an attorney.

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Is this patent (10699605) only for the US or Europe too? I was thinking of using a similar idea regarding messages.

I was thinking of building something similar to vestaboard, inspired by pop culture: Sending messages through a board where flaps spin around an axis and stop at the correct moment to show the character. Will I be able to sell it in Europe?

Peter D. Mlynek
Peter D. Mlynek answered on Sep 21, 2021

US patent 10,699,605, like all US patents, is good only in the US. It is not enforceable in Europe.

The good news is that there does not appear to be an equivalent European patent or patent application. Vestaboard, for whatever reason, did not file this patent in Europe.

Of...
Read more »

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1 Answer | Asked in Copyright for Arizona on
Q: Can i legally paint a licensed cartoon character along with his signature phrase on a fence that the public can see?

The character is owned by Warner Bros.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 18, 2021

Very likely not.

Consult with an attorney.

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I am using a paid language learning program to study a language and wondered if making flashcards would be infringing

I am using a paid language learning program to study a language. I want to make my own flashcards based on the words I learned. It will only be accessible to me. Would I be infringing on their copyright and databases? I know the companies compile words in categories and levels.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 16, 2021

You would need to consult with an attorney

Most likely the infringement is discovered when the copied work is put in commerce

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