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Questions Answered by Will Blackton
1 Answer | Asked in Copyright and Intellectual Property on
Q: I sell items on Etsy with designs I have made on canvas or illustrator. Another seller is saying I copied their design

My designs is similar to theirs in layout but the colour scheme and main image are different. The two designs do look similar but not an exact copy. What exactly is copyright and intellectual property - similar or exactly the same?

Will Blackton
Will Blackton
answered on May 11, 2023

Copyright law protects original works of authorship from unauthorized copying or use. This includes original designs, illustrations, and other creative works.

Copyright law provides protection for original works of authorship that are fixed in a tangible medium of expression, such as a...
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2 Answers | Asked in Trademark and Intellectual Property on
Q: Serial Number79303325Is it possible to patent a Voodoo deity from African culture? This sounds absurd. It's a deity

The owner of this trade mark writes to us and claims that he owns the name of the deity and we are obliged to delete everything or she will sue. But this is a voodoo deity, it cannot belong to anyone.

Will Blackton
Will Blackton
answered on May 11, 2023

I'm going to assume you meant "trademark" instead of "patent" in your question title.

It's important to understand that trademark law only protects words or symbols that are used in commerce to identify and distinguish the source of goods or services....
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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Can I use a trademark word phrase in a title of my book?
Will Blackton
Will Blackton
answered on May 11, 2023

It depends on how you plan to use the trademarked word or phrase in the title of your book. Generally, using a trademarked word or phrase in the title of a book is acceptable if it is used in a descriptive, non-infringing way. For example, if you are writing a book about Coca-Cola, you can use the... View More

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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can landlord charge for light bulbs and smoke detector batteries?

Took those costs out of security deposit

Will Blackton
Will Blackton
answered on May 9, 2023

Under North Carolina law, a landlord generally may not charge a tenant for the cost of routine maintenance or repairs, such as replacing smoke detector batteries, out of the tenant's security deposit.

North Carolina's Tenant Security Deposit Act (TSDA) requires landlords to return...
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2 Answers | Asked in Intellectual Property and Trademark on
Q: Can I use a regist. company name as name of a design (e.g. 'Burning Tree' as name for a shirt with a burning tree on it

Lets take NICE class 25 (clothing) for example:

Imagine there is a company in this class called 'Burning Tree inc.' which has a USPTO of 'Burning Tree' (word mark)

Now I have a separate company, called 'XExampleX' and I just made a T-shirt with a... View More

Will Blackton
Will Blackton
answered on May 9, 2023

Using the name of a registered company as the name of a design or product can potentially infringe on the company's trademark rights. The company may argue that the use of their registered trademark in your product name creates a likelihood of confusion among consumers as to the source of the... View More

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2 Answers | Asked in Trademark and Intellectual Property on
Q: Does having a trademark protects the name of my SAAS globally ? I am in Australia. What do I need to do for that ? thx

We are building a SAAS application for financial traders.

Is it convenient to have a trademark for the name of the application and the .com domain name (which is the same) so as to legally protect it ?

What jurisdiction does that apply to ?

Can it be globally ? Or does... View More

Will Blackton
Will Blackton
answered on May 2, 2023

Having a trademark registration can provide some legal protection for your SAAS name and domain name globally. However, trademark rights are generally territorial, which means that they are granted and enforced on a country-by-country basis.

If you have a trademark registered in Australia,...
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1 Answer | Asked in Copyright and Trademark on
Q: I want to take this domain name HedLabs.com, its a trademark or not!!, please can you tell me the right answer

HedLabs.com can keep it and sell it to anyone!!

Will Blackton
Will Blackton
answered on May 2, 2023

Whether HedLabs.com is a trademark or not depends on whether it is being used as a trademark in commerce. A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods or services of one party from those of others.

If HedLabs.com is being used as...
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2 Answers | Asked in Business Law and Business Formation for North Carolina on
Q: Are there other options for starting an animal shelter/rescue besides 501c3? I don’t have 3 unrelated board members
Will Blackton
Will Blackton
answered on May 2, 2023

While 501(c)(3) status is a common and often preferred option for starting an animal shelter or rescue organization, there are other ways to establish a nonprofit entity in North Carolina. Here are a couple of alternative options:

(1) Fiscal Sponsorship: Another option is to seek fiscal...
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1 Answer | Asked in Business Law and Construction Law for North Carolina on
Q: What is the maximum late fee in NC for home improvement invoices.

Customers get in no hurry to pay final invoice payments. Can I add late fees to invoice and if so how much?

Will Blackton
Will Blackton
answered on May 2, 2023

North Carolina courts have generally held that late fees must be reasonable and not excessive, and should generally relate to the actual damages suffered by the contractor for late payment. If you plan to add late fees to your invoices, you should make sure that the fees are clearly disclosed in... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for North Carolina on
Q: I need an agreement to protect my electrical license & myself while serving as a qualifier agent. Any ideas?
Will Blackton
Will Blackton
answered on Apr 15, 2023

Businesses subject to professional licensing requirements, such as electrical contractors, generally have pretty strict ownership and operational requirements.

Review NCAC Title 21 Chapter 18 and NCGS Chapter 87 to see the restrictions relating to serving as a qualified individual for a...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can a home owner in an HOA collect email addresses of other home owners using a glitch in the HOA online portal?

I am receiving emails once a week from a particular homeowner who misused a glitch in our HOA's online portal to download all home owner information and is now using those email addresses to run a campaign against our current HOA. He is quoting Article 55A and claiming these email addresses... View More

Will Blackton
Will Blackton
answered on Oct 30, 2019

It depends, but probably doesn't matter. There is unlikely to be a legal cause of action against someone emailing everyone in a neighborhood.

Federal law prohibits accessing a computer without authorization, or in excess of authorization, but that law is probably inapplicable here....
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1 Answer | Asked in Contracts for North Carolina on
Q: I signed a DocuSign where someone said they would pay 825 a month now they say they were drunk. Is my DocuSign legal

I signed the DocuSign and everything even he did now he's saying he doesn't remember

Will Blackton
Will Blackton
answered on Oct 30, 2019

Electronic signatures are the same as original inked signatures under North Carolina law. So, without considering intoxication here, the contract would be valid if the only question is electronic signature compared to ink siganature.

Now, whether the contract is invalid or voidable because...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I rent a lot in a mobile home park but I own the home can a landlord force an inspection of the interior of the home?
Will Blackton
Will Blackton
answered on Oct 30, 2019

This is going to depend on the terms of the lease agreement you have with your landlord. Review your written lease and see what it says about interior inspections of the home or landlord's access. The landlord's motivation for inspecting the interior of the home may also matter: less... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: Good Afternoon. Have a question? How much in a price range to get a petition the court to get removed off the registry
Will Blackton
Will Blackton
answered on Oct 30, 2019

There is generally a $175 court fee to file for an expunction. The fee for an attorney's assistance is going to range depending on whether you're entitled to statutory relief (will automatically happen depending on your age at the time a crime was committed and the age and nature of the... View More

1 Answer | Asked in Business Law on
Q: Can a company buy shares from a new startup
Will Blackton
Will Blackton
answered on Jul 23, 2019

Yes, a company can own shares in certain situations (notably, if you're filing taxes as an S-corp, only a limited number of humans can own shares). There are strict state and federal securities laws relating to selling shares in companies. Contact an attorney in your state who focuses on... View More

1 Answer | Asked in Business Law on
Q: Can a company buy shares from a new startup and be a board member

I am starting a new company and the co founders I talked to said they want their company to be the shareholder than individually. So can I sell shares to a company

Will Blackton
Will Blackton
answered on Jul 23, 2019

Yes, a company can own shares in certain situations (notably, if you're filing taxes as an S-corp, only a limited number of humans can own shares). There are strict state and federal securities laws relating to selling shares in companies. That is to say, if you take a substantial amount of... View More

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts on
Q: I have an financing agreement between me and a friend, how do i enforce the document? Thank you
Will Blackton
Will Blackton
answered on Jul 23, 2019

By contacting the attorney who drafted that financing agreement or an attorney in your state who specializes in business disputes.

1 Answer | Asked in Intellectual Property and Trademark on
Q: Can I get stuck in trademark infringement issues from a different industry?

I have a comic book series that I'm currently writing. I have a title in mind and did a search on existing trademarks. I found one conflict exists for a brand of beer with the same name under classification 32. Considering they're in completely different industries, what are the issues,... View More

Will Blackton
Will Blackton
answered on Jul 23, 2019

If you use another company's name, brand, logo, mascot, etc. in a way that could cause consumer confusion (lead customers to think your product is affiliated with the company or officially licensed by the company with the same name) then you can be sued for trademark infringement. So, the key... View More

1 Answer | Asked in Contracts, Copyright, Intellectual Property and Employment Law on
Q: Company is reselling my software I created can I do anything about it?

Quick background, I was working in a different role within this company, they then braught me on todo some development for them as a trial, i have now been working for the company for months in the same role but they havent updated my contract - so in my terms im not technically employed to do... View More

Will Blackton
Will Blackton
answered on Sep 28, 2018

You need to speak with an attorney licensed in your state who deals with intellectual property issues for more insight into your specific situation, but I can describe the legal principles in play here generally:

Absent a written agreement addressing work for hire, you cannot stop your...
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1 Answer | Asked in Business Formation, Trademark and Intellectual Property for North Carolina on
Q: Can I register my new business name as an LLC if it's different from an incorporated company's name by only one letter?

I'm rebranding my graphic design business in Raleigh, NC and I've found the perfect name. However, the name is similar to another company's name; the only difference is my new name has an additional letter in it to distinguish it from this other company. My company would be... View More

Will Blackton
Will Blackton
answered on Sep 28, 2018

Your question can be answered a few ways:

Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long...
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