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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34 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
33 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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79 views

Way to Claim an Idea for under $200

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
33 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 ...
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32 views

Requested backup

So, the situation looks like this. Some time ago (2years) i have been asked to do some modification on the existing website that belong to X. Family of X took the things in their hands and along with ...
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1answer
26 views

Legal issues in hiring an artist the create artwork for commercial use

I am thinking of hiring an overseas artist from Upwork to do the drawings for me. Just wondering if there any legal issues in me doing this and using the artwork in YouTube videos that may generate ...
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2answers
69 views

Naming a product using the first letter of a persons name?

I was thinking about naming our products using the first letter in a cause or person that we'd like to bring attention to. For our first product I was thinking FS R, with the last letter being the ...
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1answer
31 views

Find the status of an IP

I've been trying to find a way to check the status of IPs, specifically if an IP is in the public domain or not. But despite my best effort, I have been unable to find a way to check for that kind of ...
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1answer
30 views

Can I sell images of my custom video game box art for others to print out and use? [on hold]

I illustrated an insert for "Bioshock: The Collection" and have a few people who'd like to purchase one for themselves. Can I sell the file to others? If not, can I make them free downloads and accept ...
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1answer
73 views

Could I get around a copyright by changing one small thing

I am trying to make a computer program that simulates another computer. I want to simulate something called the Scott CPU (from here). Could I change a small thing about it and not have to ask for ...
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2answers
69 views

File copying and deletion before employee leaves to competitor

This may be a mundane question but I cannot find an answer for it, as the law is not my area of expertise. If an employee is under contract and copies files (on mass to a personal cloud storage) for ...
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44 views

Enquiry and clarification about a board game called QWIRKLE

Though it isn't heard of in this part of the world, I got to know of this cool board game called QWIRKLE while browsing social media some time ago and thought of purchasing it. However, it is not ...
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1answer
72 views

Who owns my idea? Me or my company? [UK] [closed]

I work in a small, specific, applied software development niche. The industry I operate in is relatively small and everyone knows everyone. Recently myself and a colleague have been floating the idea ...
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14 views

Can a company take unique a domain name if it was registered before the company registered a trademark? [duplicate]

I have a website that I use for an open source program that has a unique name that has not been trademarked. Since I do not use it for commercial purposes, would I be protected if a company decided to ...
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1answer
56 views

Can a company legally use their competitor's name in their tag line without permission?

Say a new company, NewCo, wants to use the name of their competition, BigCo, in their tag line without BigCo's permission. Something like: NewCo — (Like BigCo, only newer) Is this legal? Is it ...
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1answer
132 views

Why can Disney sue you for a photo of a Disney tshirt on your website?

My wife sews things and she likes to put photos of her creations on her blog. Now we found, that people received cease-and-desist warnings (with a 1000€ charge) for putting photos of clothing on their ...
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1answer
58 views

Unable to understand this text in a deed of assignment of intellectual property [closed]

"The assignor has agreed to assign to the Company all of his intellectual property rights and title, interest in and to assigned rights relating to the business, technologies, software, products and ...
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2answers
95 views

Violating a country's law outside that country

Assuming that a reporter from country B called Bob has somehow got a video from country A. He then puts in on a news page that is open to the whole world. Later, A citizen called Cob from Country C ...
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1answer
63 views

Rights protection on Google Play

I'm faced with a problem with Google Play. We have an application which was complained by trademark violation. This situation a little questionable by our opinion but lawyers say that our application ...
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2answers
53 views

Work for hire as a contractor without payment, can you withhold IP?

Context: Canadian law; contract work; software IP If a contractor signs a work for hire agreement at the outset of a project and agrees that all work done for a company is the company's IP, can the ...
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1answer
39 views

US Patent Law: Can a consumer of patented technology be held liable?

Under US patent law, if a company releases a product or technology based on a patent which they do not have the rights to, can the end-user / consumer of this product or technology be held liable by ...
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1answer
119 views

Does a 16yo without a work permit have rights to the code he was paid to develop?

I am sixteen, and I have a summer job for a software company. In my state (Maine), a work permit from school is required for someone of my age to have a job but it was never filled out. I assume ...
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2answers
47 views

If I answered questions on a web forum, does it violate US copyright for me to publish the exchange?

Suppose on a web forum I answered a series of questions from different individuals. Suppose I then wanted to publish and sell the exchange as an ebook. Is this a violation of copyright in the US? ...
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1answer
57 views

If a licensee creates a derivative work, do they own the work?

This is a follow up to this question asked on freelanceing SE. The background is, I know some clients want to hire an app developer but want to own everything created. As the developer it would be ...
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28 views

Can I produce or write my own recipe book based on what my action in cooking using other's recipe book or online?

I have done my research but the stack exchange provides no further answer that I needed. My research is as follows: A StackExchange user comments Selection and ordering of the recipes could be a "...
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1answer
28 views

Creating products and inventing during employment and assignment of inventions

(I need to ask this question again since I did not have enough information last time. Now I have access to full set of documents I signed including: NDA, Assignment of inventions etc....) If I create ...
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2answers
93 views

Leagalities of recreating a website design but not using publically

I am wanting to try and "copy" a website design, for an example let's use facebook. What I am going to do is simply try to recreate the page layout completely from scratch. The only resources I will ...
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3answers
93 views

If someone reviews my software program, when do they share its copyright?

Suppose I refactor my program based on its reviews on codereview.SE. (Or someone reviews my pull request on GitHub.) Presumably, if I include the reviewer's code, they share copyright to my new ...
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1answer
47 views

Yojimbo lawsuit, copyright a story?

I read in the wikipedia article of the movie "A Fistful of Dollars" that the producers were sued by the producer of Yojimbo, the Japanese movie from which the plot line was borrowed, and that the ...
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1answer
24 views

Apart from trademark protection, what kind of intellectual property protection may logos have according to US law?

Apart from trademark protection, what kind of intellectual property protection may logos have under US law? Could a logo be considered a graphical "work", therefore copyrightable? If it could, how? ...
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2answers
56 views

How to legally use patented designs for new CAD invention

I would like to create a mechanical piece of hardware using commercially purchased goods, for instance, drivetrain components like constant-velocity joints and driveshafts which can be purchased. I ...
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3answers
201 views

Bypassing website's paywall by modifying HTTP request headers

Recently I see some debates about bypassing paywalls by modifying browser's HTTP request as stated on ghack. Most paywalled websites allow users to read a certain number of free articles before ...
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2answers
58 views

Can a registered user of a word mark which was registered as whole, break the word into parts and use it in the products sold?

As the question says if a user of a particular wordmark breaks his word into 2 and uses it on goods sold(tm is engraved on goods) then can he seek protection in case of potential infringement.
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75 views

Hiring part-time IT contractors who are under an IP assignment clause in their day contract

I plan to engage a contract developer part-time in the UK through his own Ltd. He's currently contracting in the day time for a software company. My project is in a very different area. However, that ...
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1answer
50 views

Should I raise another complaint or report to publishers?

There is this 3D repository site and marketplace. The site is quite popular, but I won't mention it. I have raised problems with their site in that their users are making available for download 3D ...
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1answer
31 views

Selling branded products

Legally speaking are individuals allowed to sell branded name products online, if not what are the consequences?
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1answer
34 views

Registering an app with a copyright office [duplicate]

So the big goal that I want to achieve is to have a proof that I made an app for any thing that might come up later. After asking and researching I found out that I can register a copyright for my app ...
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2answers
76 views

Can Hilton claim that they invented the chocolate brownie?

Recently on Good Morning Amercia, Hilton's CEO Chris Nassetta appeared to talk about Hilton's 100th Anniversary. It was discussed, amongst other things, how Hilton has had many 'firsts', including ...
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2answers
60 views

First-to-use vs First-to-file trademarks

As I understand it, first-to-use ownership of a mark trumps first-to-file. If that is true, why spend money on getting a trademark for your business name?
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4answers
87 views

How can I legally use trademarked entities in my free computer game?

I'm making a free computer game based on Star Trek. It'll reference a few characters from the show, along with the Enterprise. My understanding is by using character names from the show, I risk ...
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1answer
60 views

How binding are NDA's? [closed]

I live in South Africa, I have some research work that holds very good financial potential. This research to be conducted will be done in a group headed by me, how can I protect my idea from being ...
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1answer
46 views

How to protect my trademark application from a well funded startup?

I created a software application in the transportation space in 2016, and I applied for a trademark for a variant of the name (same sound, extra letter at the end) with an Intent to Use application in ...
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1answer
88 views

Can I use an image from The Wolf of Wallstreet for a social media vacancy? [closed]

I hope this is the right site for a question like this, but I want to use an image of Donnie Azoff (Jonah Hill) from the movie The Wolf of Wallstreet to use as a background for a social media post ...
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1answer
219 views

Trade restrictions on open source software

Apparently the US has put Huawei on a trade blacklist that prevents US companies to trade with Huawei. With hardware and proprietary software it is straightforward how this can be executed (don't make ...
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2answers
58 views

How does the Supreme Court ruling in *Fourth Estate* not undermine the DMCA's notice-and-takedown process?

The Supreme Court recently ruled in Fourth Estate v. Wall-Street.com that copyright registration occurs (and thus an infringement action can be brought) only after the Copyright Office takes action ...
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1answer
28 views

About Course Intellectual Property

Can you legaly share a course (without asking the writer) if you always quote who wrote it? I said "always" because I'm talking about a large scale, not a private conversation on Facebook for example....
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2answers
35 views

Purchasing Electronic Books from Foreign Store

The question is motivated by my multiple attempts to find a legal way of obtaining Japanese-language electronic books from their official stores (let is be, say, Amazon.co.jp, though for Rakuten, ...
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2answers
206 views

did you consent because you could have seen a poster?

Instead of a signed release, in recent years I'm seeing posters saying that if you walk in an area you consent to the commercial use of your likeness for unlimited purposes without payment. At least ...
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1answer
94 views

Are computer generated error messages subject to copyright?

In firefox, it throws up a generated error in response to the website that im creating (which is my work). can i then copy and paste part of that error into my program as part of a solution im writing?...
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3k views

What does the copyright in a dissertation protect exactly?

I am a PhD student and I was recently told that unless I publish the content of my dissertation, my university will not be able to freely conduct research in the same research area after I graduate. ...