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Ask Jackie Schwartz Your Own Question
Jackie Schwartz
Jackie Schwartz, Judge
Category: Intellectual Property Law
Satisfied Customers: 93
Experience:  Attorney/owner at Jack Schwartz & Associates, PLLC
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I have a question regarding trademark law. It's regarding a

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Hello I have a question regarding trademark law
JA: Is the trademark federally registered?
Customer: Nope. It's regarding a business idea. I want to know if the business idea is viable without infringing on existing trademarks.
JA: Have you talked to a lawyer? What documentation do you have?
Customer: I have only talked to a law professor. I have no documentation right now.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, thats it. How much does this cost?
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: Awesome, thank you.

Trademarks do not cover business methods/ideas. Depending on the idea and how it is described it may be eligible for patent protection. A trademark only covers the mark/name for the goods services and is used to identify the source of the goods/services.

Jackie Schwartz and 4 other Intellectual Property Law Specialists are ready to help you
Customer: replied 9 days ago.
Hello Mr. Schwartz, thank you for responding so quickly. My apologies. I should have included much more detail in my question.

My idea is to sell a song analysis/report in the form of a .PDF file which would be e-mailed out to my prospective customer on a monthly basis. The revenue model would be a $4 per month subscription. My customer would receive anywhere from 2-4 song reports per week.

The .PDF file would include a complete song analysis which illustrates the musical key, tempo, instrument list, arrangement, frequency range and chord progression of a popular song.

The .PDF would not include song lyrics, which I believe are copyright protected. However, the infographic would include the musicians name along with his/her song name and the names of associated songwriters.

My concern is that some artist names and song names may be trademark protected and therefore cannot be included in a paid-for infographic/report product. I have included an attachment of an early stage prototype of my idea for reference.

Hi, I am sorry I am responding late. are you still interested in a phone call or do you have any further questions?

Customer: replied 9 days ago.
Hi Jackie, a lady from this platform who claimed to be an attorney called me shortly after I agreed to receive phone call. I assumed she was from your office, but it sounds like she was a Justanswer employee or something. She said this platform doesn't offer legal advice and is to be used for general information purposes only. This is precisely what my Law professor told me, so I should have known better. She also mentioned that any lawyer will be reluctant to give a 'yes or no' answer to my question. Frankly, I feel as though I have been duped for $60. I am currently on the hunt for lawyer in the Seattle area who can actually answer my question.
When you offer a phone call after catting with an attorney and the offer is not accepted within a couple of minutes, the phone call can be accepted by other attorneys on the platform. The attorney is correct and this platform is supposed to be for general information and not legal advice. However, regarding your idea, I would search up what constitutes fair use of copyrighted material. Regarding trademarking of artist names and song names, While I guess it may be possible, Iam not aware of instances of that. The songs however will be copyrighted. Regarding use of names, if you are concerned you can search for them on the trademark office wensite