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Recent Intellectual Property Law questions

When using vocalists and musicians to record a song I wrote,

When using vocalists and musicians to record a song I wrote, do I need some kind of memorandum of agreement that affirms I am the sole owner of the copyright of the music and lyrics of the song?

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Ely

Counselor at Law

Juris Doctor

63,802 satisfied customers
I recently received 2 separate emails regarding the same

I recently received 2 separate emails regarding the same case forwarded to me via my ISP regarding a possible copyright infringement lawsuit. I was wondering what to do if anything. do I need to settle? I really don't want to have to go to court. If I do decide to settle do I still need to consult with a lawyer?

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Alex J. Esq.

Managing Attorney

Doctoral Degree

21,874 satisfied customers
I have commissioned a package designer to design the box

I have commissioned a package designer to design the box for my product. When he completed the design he transferred all IP rights and copyright of the design of the box over to me. I have a copy of this agreement. This was back in August of 2015. Last month I discovered a similar knife set being sold on Amazon with the EXACT same design as my box. The only difference is they removed my logo and replaced it with theirs. It is this company - Oxgord.com which manufacturers a variety of products. I sent Oxgord a C&D but they simply ignored me. What is my recourse?

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Gerald-Esquire

Juris Doctor

5,154 satisfied customers
I want to manufacturer and sell book shelves that I designed

I want to manufacturer and sell book shelves that I designed based off of trademarked logos. For example superman style "S" in 7 different pieces but when they are placed in a specific order look like the superman "S". Is this violating any laws or is it acceptable?

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JD 1992

Juris Doctor

35,360 satisfied customers
I need advice on whether to file another trademark

I need advice on whether to file another trademark application for words with spaces.JA: Intellectual property law can be complex. Fortunately, the attorneys we work with can answer any questions you have about trademarks, and I'd like to match you with the person who's the best fit.Customer: okJA: Have you talked to a lawyer yet?Customer: I am a lawyer but not in intellectual property field.JA: Anything else you think the lawyer should know?Customer: No I only have this specific questionJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the IP Attorney about your situation and then connect you two.

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Alex Reese

Intellectual Property Attorney

JD

4,008 satisfied customers
My divorce case started in 2014, and finally we are about to

My divorce case started in 2014, and finally we are about to sign a settlement agreement. All conditions are OK with me except the following:6.4 Patents:(a) The parties shall jointly co-author and/or jointly own all rights to patents numbered7,593,834 and 8,041,545. Within sixty (60) days of the entry of this Judgment onReserved Issues, Petitioner shall take any and all steps necessary to add Respondent'sname to these patents and/or to transfer a 50% ownership and/or interest in each ofthese patents to Respondent. Petitioner shall provide to Respondent proof that suchtransfer has been implemented within 10 days of submitting documents and shall provideproof to Respondent of completion within 10 days of the completed transfer. Petitionerrepresents that he has never received any type of compensation or interest from thesepatents. Petitioner shall take all necessary steps to ensure that these patents remainregistered and active. Any and all compensation, monetary or otherwise, for the use,or ownership of these patents shall be shared equally between the parties. The Court'sjurisdiction over these patents is reserved.I am OK to make my ex-wife a co-owner to my patents. But she wants to become a co-author.Here is my question:I need to proof to the opposite counsel that it is impossible legally because it is against patent law and intellectual property law. I cannot include my ex-wife as a co-author to a patent which was awarded 10 years ago. It is funny, but the patents are related to Applied Mathematics, and my ex-wife has not graduated even a high-school.Please, explain me how this attempt brakes a law, and which law will be infringed in this case.~Vladimir

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,786 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

35,360 satisfied customers
If someone has a trademark they do not use in commerce & the

HiJA: Hello. What seems to be the problem?Customer: If someone has a trademark they do not use in commerce & the goods/services don't match what you will use it for. Is the infringing ?JA: Intellectual property law can be complex. Fortunately, the attorneys we work with can answer any questions you have about trademarks, and I'd like to match you with the person who's the best fit.Customer: OkJA: Have you consulted a lawyer yet?Customer: NoJA: Please give me a bit more information, so we can help you best.Customer: On the specific trademark?JA: Is there anything else important you think the IP Attorney should know?Customer: What I've already mentioned & now I own the domain of the trademark wordJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the IP Attorney about your situation and then connect you two.

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Roger

Litigation Attorney

Doctoral Degree

33,448 satisfied customers
I'm a genealogist and use old photos all the time. The

I'm a genealogist and use old photos all the time. The question came up with regard to old HS annuals. Who holds the copyright to the individual student photos therein? Specifically, from a 1946 annual. My thinking is this: this was created between 1923 and 1978; there is no copyright notice in the annual or on individual photos; I'm thinking these are in the public domain, but not being a copyright lawyer, I'm not sure of anything. I use the checklist published by Cornell University to try to navigate through this, but it's all such a headache. Also, I was looking at Legal Zoom, and was reminded about publicity rights of individuals and getting permissions to publish. Well, all four people in the photos are dead, so I'm thinking their rights to privacy are done also.JA: Intellectual property law can be complex. Fortunately, the attorneys we work with can answer any questions you have about copyrights, and I'd like to match you with the person who's the best fit. Have you consulted a lawyer yet?Customer: No, but I'm an old lady on a fixed income, so not consulting one on anything other than my house burning down. I guess I'll just keep reading, ha ha.JA: Is there anything else the IP Attorney should be aware of?Customer: This is all in regard to posting old photos on Facebook, and on genealogy websites such as Find-a-Grave and Ancestry. These questions come up all the time and we can only take our best guesses. One of your attorneys needs to write a short, concise handbook dealing with these questions--not every possible scenario, but just the common issues faced by people such as I've outlined. We want to do our best to comply, we don't want to step on toes, but at the same time, these old photos are often the best way tell our stories.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the IP Attorney about your situation and then connect you two.

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JD 1992

Juris Doctor

35,360 satisfied customers
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