Is There a Global Trademark?
Short answer is no. Intellectual property rights, such as those in trademarks, are territorial, meaning that protection of your trademark is granted in those jurisdictions where the mark is registered. However, there are international treaties that allows owners of registered trademarks to expand protection of their nationally registered trademarks to another countries. The Madrid Protocol allows […]
Can I use the image, name, likeness, or voice of a dead celebrity?
Most likely no. The right of publicity is an intellectual property right that protects a person’s name, likeness, nickname, pseudonym, voice, signature, likeness, or photograph that identify a particular individual. This right protects against the misappropriation for commercial purposes. Since there is no federal law that recognizes the right of publicity, publicity rights are protected […]
Can I protect a Board Game?
Yes. Designed your own board game? What forms of protection are available to protect a board game? Copyrights, Trademarks, and Patents. COPYRIGHTS Although the systems or processes that make up the core of a game, are not subject to copyright, the written rules, the design of the board, the cards, and other visual elements of […]
Can I protect a widely used commonplace expression?
Depends. A trademark or service mark which includes any word, name, symbol, device, or any combination “must” identify and distinguish the goods … from those manufactured or sold by others and … indicate the source of the goods, even if that source is unknown. Hence, a proposed trademark is registrable only if it functions as […]
Can I protect a hashtag or a tweet?
Yes. There are two venues of protection for a hashtag or tweet. As trademark or service mark which includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the […]
Do I need a license to play or stream music in my business?
Yes. The owner of copyright under this title has the exclusive rights to do and to authorize any of the following: to reproduce the copyrighted work in copies or phonorecords; to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; […]
Trademarks: Use Them or Lose Them!
The United States trademark law is based on the common law first to use in commerce theory. Is the use of the mark in interstate commerce which creates rights over a trademark, not its registration! In the United States, US Applicants can base their applications on the following basis: Prior use of the trademark in interstate commerce, or; […]
Can Tattoos be copyrighted?
The answer is Yes! Copyright protection exist in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include, between others: pictorial, graphic, and sculptural […]
How can I protect blog entries, social media posts, and short online articles?
With the advent of the internet creators have taken advantage of this “new medium” to continue writing and expressing their ideas. However short in their expressions, nowadays is the preferred way to reach the new generations of readers. Copyright protection exist in original works of authorship fixed in any tangible medium of expression, now known […]
A Netflix, Amazon Prime Video, Apple TV show is similar to my book, what can I do?
To stablish copyright infringement, one must demonstrate: That you own a valid copyright in the work or have the legal authority to sue; That the defendant actually copied the copyrighted work, either through direct evidence of the copy or evidence showing: (a) the defendant had access to the original work and the defendant’s work is […]