Questions tagged [intellectual-property]

For questions concerning the ownership of ideas, designs and creative work. Specific IP tags include copyright, trademark, and patents.

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25 views

Inventorship of a utility patent application that incorporates a provisional application

I am listed as a co-inventor in provisional patent application AA/AAA,AAA. The other co-inventors are PersonA, PersonB and PersonC. One year later my employer company filed a non-provisional utility ...
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1answer
41 views

Prevented from listing details of work experience both in private (resume, interviews) and public (linkedin, etc.) while trying to look for new job

When starting new employment for a company (Company A) based in India it had asked me to sign an NDA for a company (Company B) based in San Jose, USA. The NDA had addressed to me directly and not ...
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1answer
40 views

Can an investor block new investment in a software company in order to cause administration and buy assets?

I have a friend who is the CEO of a software startup. As with many software companies a large amount of value of the business lies in the software code, and data which has accrued over time. An ...
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0answers
60 views

Keygen legality

Say I own a Microsoft Windows license key, but I lose it. I have no proof of purchase or anything. Can I use a keygen, and use that key to use the same software that I technically own? I've done ...
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10 views

Open data access and public studies made for tax money by enterprise consultancies

Imagine the following daily business which was traditionally established in the 20th century: government pays a consultancy for some studies what citizen can see at best case is a PDF report with ...
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2answers
71 views

Could copyright be placed in bearer format?

Related: Who owns copyright on works found in a storage unit/attic? It's well agreed in the above case that simply coming into ownership of a manuscript, even an original one, does not grant ...
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1answer
56 views

Claiming ownership of a service [closed]

I and a few others created a service (a website that people can subscribe to for content) a while back as a hobby with no agreements and no structure. Now though, I am thinking about taking it further ...
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1answer
65 views

Is it legal to copy the design of a website only to demonstrate coding ability to clients, nothing more?

I'm trying to find out what is "fair use" or not. I'm a web developer trying to get off the ground and my website portfolio has nothing. So, I'm thinking to have a section of my website called "how-to ...
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1answer
414 views

In the UK, who owns the intellectual property of a thesis?

Assume the following problem: A person decides to create software for his thesis. His application turns out to be very profitable. If he continues creating it, will the University own the ...
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1answer
45 views

Is it illegal to create a game that mentions anime (Japanese Tv show) characters?

For example, could I make an app and release it, but it uses the titles of anime and its characters? Would it be illicit to make revenue off of it?
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3answers
146 views

Cybersquatter posted my domain for sale after I queried it - can I still file a UDRP?

I'm in a situation where a cybersquatter holds a domain name that I have trademarked. My company "Example Ltd" is based in the UK, and we've been established under our brand name for over 30 years. ...
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1answer
67 views

Could there be legal reprecussions for using a TV show/Anime/Series as a design for T-Shirts?

For example, if I wanted to make a T-shirt of a character for the Arrow Tv series, but I drew it myself/designed it myself. Is it legal for me to sell products (T-shirts) of it?
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1answer
48 views

Copyright of vocabulary collections?

I recently stumbled across an answer to a question stating that certain content could not be copyrighted. I wonder if this is also the case for collections of vocabs found online. Can they be ...
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1answer
54 views

Would it be copyright infringement to use a name of a D&D spell/creature in an unrelated game?

If I were to create a video game with mechanics and a story that are divorced from D&D, but still used a name like "Eldritch Blast" for an attack move, is this still infringing on WoTC's IP? ...
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1answer
97 views

How Could the Winklevoss Twins Have Legally Prevented Anyone from Stealing their Facebook Idea

Please give me legal, black-and-white answer. Winklevoss Twins say someone stole their idea for Facebook and Judge awarded them some millions. But how could have Winklevoss Twins protected ...
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1answer
75 views

Employment intellectual property ownership loopholes

Thanks in advance for any suggestions or help. I work for a large software corporation and have in my employment contract the standard clauses saying the company owns essentially any idea of mine ...
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2answers
1k views

Trademark: “Lyft” and acquired dictinctiveness

I want to understand why "Lyft" was trademarked for "transportation of passengers by motorized vehicle". When Lyft Inc originally filed for "Lyft" trademark in 2012 (serial# 85/743120), the use was ...
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4answers
78 views

Register own surname as a trademark

Can I legally register my own surname as a trademark? Supposing my name is Jeck Galifianakis, can I sue by law all the business entities (or maybe individuals too) that hold name Galifianakis in its ...
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1answer
60 views

What is the status of arts at museums?

I'm in more interest of intellectual property stuff. For example if I'd like to take a picture of some masterpiece painting in the Louvre museum, can I spread thic pic or even sell via different ...
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1answer
45 views

Making use of client side website files to figure out API endpoints being used

There is a utility website witch I presumed used a backend API. There is no authentication or anything on the website, it's just for public use. Now, I want to build a mobile app that makes use of the ...
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1answer
45 views

Can I use screenshot of a TV show on slides of a talk?

I have been invited to give a TEDx talk quite soon and the topic of the talk is really close to an episode of Black Mirror. I'd therefore like to use some images of the show in my talk. Other movies ...
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1answer
51 views

“Etsy” plans as download - license, restrictions?

"Etsy" is an online platform designed to allow individuals to sell models via a standardized platform. Some sellers off downloadable files, containing plans to recreate those models. Example, rubber ...
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2answers
27 views

Picture credits -> must the page of inclusion be named?

we're currently developing a website. For this we use pictures for which we need to place an attribution on the legal notice page. Now we're wondering if it's enough to place the following ...
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18 views

Scraping legal disclosure reports to build a database?

I am thinking of scraping business related data from websites like the UK's National Storage Mechanism, where all UK publicly traded security issuers must periodically report various bits of ...
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1answer
57 views

Can I use a pen name that is a trademark?

I am about to publish my first novel under a pen name. This is not the name, but I will use the example of Monique Jay-Wood. I have done a trademark search and "Jay Wood" is trademarked. Is it better ...
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2answers
53 views

Resources for assigning employee intellectual property back?

As an employee of a software company they own my personal time projects, this is not in question. That said, my employer is quite reasonable about said things and at least verbally quite willing to ...
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59 views

Distributing (for free) defunct software with valid license [duplicate]

I'm thinking about creating and distributing for free a virtual image with Ubuntu that has installed the latest original software from a defunct software provider with valid (paid) licenses. From ...
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0answers
65 views

Is it okay to use my own software for a job with another company?

Over the last year I setup (registered) my own company so I could do freelance and contracting. I also produced some digital products for sale on the app stores. During that time I built a very ...
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1answer
75 views

Are all emails confidential?

I have a workmanship issue regarding vinyl siding installed on my home which the contractor refuses to address. We’ve had several email exchanges. Can I publish his email replies? I’d like to include ...
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0answers
23 views

Copying job ads from top brands

Is it illegal to copying job posting from top brand's websites ie: Facebook, Google, Amazon, TCS, Tesla, SpaceX etc? Such brands always post open job position: Is it illegal to spider/crawl or ...
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1answer
59 views

Are intellectual property indemnity clause, which requires the employee to indemnify the employer, enforceable?

Jurisdiction is England (UK), and it's a clause in an employment contract (permanent). The following question has been posted on reddit, and I happen to be on the same boat. I've been offered a ...
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1answer
70 views

French stance on intellectual property rights for content creatd by artificially intelligent entities

French intellectual property rights consider the "author" as the holder of intellectual property rights for their creation. Now, artificially intelligent, or creative, computers can generate content ...
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1answer
43 views

Assignment of Inventions to employer - exclusion of Inventions assigned or licensed to me?

A NY law employment contract states in a section entitled All Inventions are Exclusively the Property of the Firm: Employee assigns to the Firm... without any additional consideration, all of ...
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1answer
49 views

License of a code resulting from following a Youtube tutorial

I was following this tutorial on YouTube - https://youtu.be/V_lAhqLXT9A where you download some starter files and then edit them according to the tutorial to make a website. I wonder what legal ...
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1answer
28 views

Is a stock power form the same as the stock purchase agreement?

From what I understand I need to complete the stock purchase agreement inoders to fully/legally own all shares in my company. I understand that I need to fill out some sort of form or create and sign ...
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3answers
151 views

Volunteer Created Work: Who Owns the Copyright?

A volunteer creates many works for a nonprofit, without signing anything or giving ownership of the works to the nonprofit. The work is used, but after about a year, the volunteer resigns and, a month ...
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2answers
123 views

Is it advisable for a person write his own contract if he is good in english but don't know legal jargon?

A lawyer scared me by saying, yes you can right your own contract but chances are most of your clauses won't hold in court cause you don't know legal jargon. However, I know english and my english is ...
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2answers
60 views

Using a public domain opera, recorded by someone else, in a parody

I found a YouTube video of a public domain opera, and I want to use the sound portion in a musical parody. I will only use parts of it, alter it dramatically, and wish to claim "Fair Use." Is it ...
0
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1answer
56 views

Prevent IP from hostile transfer to another company

Our software company has a kick-ass product, which is the only thing of value to the company. What measures can I take to ensure the IP remains within the company? I have heard stories that a ...
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1answer
115 views

Can trade secrets be so broad that they prevent employees from working in the same field or doing academic research?

We all know that employees have a duty not to disclose or use trade secret information. But can trade secret be defined so broadly that, because of the duty of non-disclosure, an employee can no ...
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1answer
43 views

Can I enter into an IP contract with my own ltd company before having investors in?

I spent 4 years developing an App. Recently I started a Proprietary Limited company (I'm in Australia). Me and my wife are the only directors. Before getting share holders into the company, is it ...
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3answers
156 views

If a no-deal Brexit happens will EU provisions on reverse engineering be nullified?

As it stands the UK implements an EU law which prevents the reverse engineering of proprietary software with few exceptions, could this change once we leave the EU?
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1answer
39 views

Does the USPTO distinguish between downloadable software regarding trademarks?

Trademarks protect marks within their own categories, which can loosely be defined as fields or industries. However, some categories, like IC009, which covers downloadable software, is very broad. As ...
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2answers
67 views

Signing on Behalf of a Minor

Background: I want to sign an NDA, however, I am a minor. As a member of the Disclosing Party, there are clauses within the NDA that state that "any files written with names developed by the ...
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1answer
73 views

Can a beer brewery and liquor distribution company have almost the same names, since they are different classes/categories?

If a beer brewery has already trademarked the name barrelhouse, and I own a liquor distribution company, for wine and spirits, that I wanted to trademark as barrelhouse selections would this pass?
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1answer
26 views

Unsolicited ideas clause in terms of service in the context of corporate email contact links?

Most term of service contracts have a unsolicited ideas clause that contains language like: suggestions or ideas relating to enhancements, new or improved products, technologies etc. If the ...
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1answer
64 views

Claiming Stolen Information in an NDA

Set Up: A unilateral NDA is created in the state of Rhode Island between a Receiving Party and a Disclosing Party. This is a basic patent NDA that grants the Receiving Party the ability to see the un-...
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1answer
45 views

Contract for Securing Intellectual Property

Is there any sort of legal contract in the United States (Rhode Island) one could make without a lawyer that would state that a disclosing party owns a certain idea and that the receiving party may ...
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1answer
92 views

Way to Claim an Idea for under $200 [closed]

I have recently come up with a very interesting concept in engineering that I would also like to share with peers. However, I am relatively fearful that someone may hear the idea and make it or patent ...
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1answer
40 views

Can I protect a logo against registration by publishing it to GitHub with a licence?

Can I use GitHub to release a logo with the CC BY-NC-ND licence aside? Would this legally prevent anyone from registering it since the release dates are tracked by GitHub? Edit: Assuming that I ...