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Recent intellectual property law questions

Assuming the defendant's act is "willful" by altering 3

Assuming the defendant's act is "willful" by altering 3 pages of the copyright notice, author and other identifying information and making 100 copies of the instructional book/ authors images that is part of Plaintiff's proprietary pet grooming instructional program she licenses to schools under her companies federally registered trademarked name and being the title of book defendant sold to student's who purchased book as part of a tool kit to attend pet grooming class sold to them using Plaintiffs trademark and website content even after defendant was notified to stop, the prior being factual, if statutory damages are sought in a Texas federal court will award for copyright be, a. 1 damage award up to $150,000 no matter how many books were sold or copied? B. Any separate fine for CMI removal? B. Any fine for damaging author? C. Can Plaintiff seek damage award of defendants profits from trademark infringement?I know this is alot and don't expect a document to file with court, could you tell me if statutory damages where sought in a case like this the award will usually somewhere south of $150,000?

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Alex Reese

Intellectual Property Attorney

JD

 
3,938 satisfied customers
I inherited photo slides. The physical slides are mine. Even

I inherited photo slides. The physical slides are mine. Even though they were not copyright registered the copyright fell to the heirs. Are all the heirs entitled to a physical copy also or is that separated from copyright?

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Gerald-Esquire

Juris Doctor

 
4,754 satisfied customers
My late husband was an artist. In the late eighties sold

My late husband was an artist. In the late eighties sold four sketches to a friend for two hundred dollars.It was a handshake agreement. He said she could use them in her science fiction book if she gave him credit. Fast forward to now. She never wrote or published the book. An artist friend says since she did not publish, I am the heir and own the copyright. I asked her if she would make copies of them and give me the originals. I told her she could retain the rights to them. she says agreed and said she would give them to me. She said she could not make copies. I told her if she was not willing to give the originals. I did not want to see them. She brought them out unexpectedly when I was at her house. He developed the characters. He wrote their attributes around the sketch. She can not make out what he wrote I can. She is not preserving them. They were in her basement. Do I own the copy write, the images, the concept or none of it?

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Roger

Litigation Attorney

Doctoral Degree

 
32,814 satisfied customers
I am after a second opinion regarding owning a web site. We

I am after a second opinion regarding owning a web site. We own a web site and the domain name. The web hosting has been done by a company that seems to charge rather a lot for what they do, they have also placed some content on the website but we queried their last invoice and they now have taken the website of line . My question is , can the web development company legally do this as we own the site ?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,218 satisfied customers
Simon & Schuster, Inc. has granted me a reversion of

Simon & Schuster, Inc. has granted me a reversion of right for a picture book I coauthored with one of its imprints, Atheneum Books for nYoung Readers. Does this mean I now have the rights to re-publish the book with, say, a new title, but with the same story and the same co-author? Does the reversion allow for use of the same illustrations or must new illustrations be rendered? Thank you for the assistance. Anthony

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Gerald-Esquire

Juris Doctor

 
4,754 satisfied customers
I am the owner of a virtual consignment store. I sell mostly

I am the owner of a virtual consignment store. I sell mostly antiques, clothing, and collectibles on ebay. I get some clients through an ebay selling service. I pay for the leads that i get. I got a lead for a wholesaler and his product that his family no longer sold. I took the product and eventually sold it for a song to TJX/HomeGoods Inc. I had never worked with such a large volume of product (1116 handcrafted wall art tiles Made In China).A licensing agent for a California artist was shopping in a HomeGoods in Florida and found one of the tiles for sale. The tile happened to be a reproduction/copy of the artist's painting. She contacted HomeGoods, and HomeGoods lawyers contacted me.I being told that I am now held responsible since I sold the tiles to HomeGoods, even though the product was not brought into the country by me. I am the middle man, and not the original seller.I have a contract with my client, and the contract states that I should not be held liable.

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JD 1992

Juris Doctor

 
33,882 satisfied customers
I purchased a start-up eCommerce website/domain that sells

I purchased a start-up eCommerce website/domain that sells women's fashion, for purpose of this question I will call it "pinkplush". I later found out that there is an existing online women's clothing store called "inkplush". So our domain and brand name are only one letter off eachother. If you missed one letter in our domain name, you would be directed to their store instead. Although we both sell women's fashion, we do NOT have similar products and we do NOT have similar websites.On their website they have listed as LLC. But they have not trademarked their brand name. I am wondering if this could potentially place me at risk for "copyright infringement" or "confusing similarity"?

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Roger

Litigation Attorney

Doctoral Degree

 
32,814 satisfied customers
I'm trying to make a shelf out of that looks like

I'm trying to make a shelf for kids out of wood that looks like puzzle. Problem is Company called KidKraft has something really similar to my design and I found some Copyright but I don't see anything that's shows what is it protecting.Here is the Copyright info:Type of Work: Visual MaterialRegistration Number / Date: VA0001841256 / 2012-10-10Application Title: Puzzle Bookshelf & Packaging #14400.Title: Puzzle Bookshelf & Packaging #14400.Description: Electronic file (eService)Copyright Claimant: KidKraft, LP. Address:***** Dallas, TX, 75244, United States.Date of Creation: 2001Date of Publication: 2001-10-01Nation of First Publication: United StatesAuthorship on Application: KidKraft, LP, employer for hire; Citizenship: United States. Authorship: photograph(s), 2-D artwork, sculpture.Rights and Permissions: Gretchen Van Tassel, KidKraft, LP,***** Dallas, TX, 75244, United States,(###) ###-####***@******.***Names: KidKraft, LPCan I still make it ?Here is link to their website. My product is almost similar, with different shape of the puzzle different wood and construction.https://www.kidkraft.com/puzzle-book-shelf-primary-14400.htmlAny suggestions?Thank youMike

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Gerald-Esquire

Juris Doctor

 
4,754 satisfied customers
Want to use the following quote in my soon to be published

Want to use the following quote in my soon to be published book from Ursula LeGuin's book, The Left Hand of Darkness - “It is good to have an end to journey toward, but it is the journey that matters, in the end.”I just received a permissions agreement for licensing the quote but I thought this would be considered Fair Use.

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Alex J. Esq.

Managing Attorney

Doctoral Degree

 
21,164 satisfied customers
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