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Questions Answered by Christie Dudley
2 Answers | Asked in Intellectual Property and Trademark for California on
Q: Risk of trademark infringement using names from a Sega game in my novel.

I'm a writer from outside the US and use the pen name Type27 for my novel, which features a character named Chariot. I recently discovered that these names are linked to a character in the Sega game "House of the Dead," which might pose a risk of trademark infringement. My story is a... View More

Christie Dudley
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Christie Dudley
answered on Jul 14, 2025

Although you can be sued at any time by anybody for any reason or no reason at all, Japanese companies tend to be less litigious on derivative works in general as opposed to American animation companies. The best you can do is reduce the likelihood that they will pursue action.

The key is...
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3 Answers | Asked in Copyright and Intellectual Property for Nevada on
Q: Amazon selling my book without consent; rights and Lanham Act issue?

In 2025, I discovered that Amazon is selling my book, which was originally on their print on demand service back in 2008. I have not accessed the account for several years, and I did not consent to this. I've contacted Amazon in 2019 about account access issues but recently noticed Amazon as... View More

Christie Dudley
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Christie Dudley
answered on Jul 14, 2025

Lanham Act is the enforcement measure for trademarks. Since I don't see any specific trademarks identified in your question, copyright would be the primary vehicle for enforcement.

You should have a copyright to the work. If you haven't registered the copyright, I would do that...
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2 Answers | Asked in Internet Law, Copyright and Intellectual Property for Florida on
Q: Is it legal to stream Spider-Man movies on a public Discord server on Spider-Man Day?

Are there legal issues with streaming movies over the internet on a public Discord server? There's a server planning to stream Spider-Man movies using Disney+ on August 1st, known as Spider-Man Day, and it's free for anyone who joins the server via an invite link. There isn't any... View More

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

Generally speaking, no, it is not legal. Most streaming services only provide movies for home use only. Public display would not be within the "personal use" that is licensed with your subscription. Since you are dealing with Disney, I would expect them to be rather firm on this point,... View More

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2 Answers | Asked in Trademark and Intellectual Property for California on
Q: Can I use "Starz" for my clothing brand despite "Starz Block Party" existence?

I am considering using the name "Starz" for my clothing brand and have found that there is a company named "Starz Block Party" during my trademark search. I haven't received any responses from trademark authorities yet. Is it possible that using "Starz" for my... View More

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

If your name is a lesser included word in the same category as an existing mark, then that mark is generally not available. If the existing mark is for something unrelated to your clothing line, such as children's toys, then there is not likely to be any conflict.

For example, the...
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2 Answers | Asked in Consumer Law and Internet Law for Kentucky on
Q: Can I use a disclaimer for my tech blog about using free security tools and limiting liability?

I am starting a blog website focused on computers and technology, initially using free tools and hosting services. I plan to include a pop-up disclaimer stating that I am learning about blogging and using free security measures, and I am not responsible for any damage to users' computers or... View More

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

Generally speaking, you are not responsible for damage to computers that access your site, although if you're blindly serving up viruses or worms, you will find your free hosting service shutting down your site before much gets served. Any services that permit such have gone away in the days... View More

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2 Answers | Asked in Contracts, Copyright and Intellectual Property for North Carolina on
Q: Do I need to pay for copyright when hiring someone for schoolwork using pre-existing materials without a contract?

I am paying someone to complete a worksheet using pre-existing materials, and there is no written contract between us. I'm concerned about copyright infringement. Do I need to pay for copyright in this situation?

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

First, copyright and plagiarism are not the same thing. Keep that in mind. Plagiarism is an academic concern, whereas copyright is a legal concern. Lawyers do not concern ourselves with plagiarism. You would have to consult your academic institution to determine what would be required to avoid... View More

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2 Answers | Asked in International Law and Internet Law for Pennsylvania on
Q: Is it legal to group order legal items from Europe to the US via a third party?

So long story short I am trying to order some things from a website (things that are perfectly legal and fine in all countries involved, if not all countries everywhere lol) (Specificly the website is cardmarket with various sellers selling second hand trading cards). The site doesn't ship to... View More

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

There are many reasons sellers only target consumers in a limited market. Legality to sell the product is only one. Others might include taxes, warranty challenges, privacy limitations, trademark/copyright limitations, or just not wanting to risk getting hauled into court in a foreign jurisdiction... View More

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3 Answers | Asked in Business Formation, Business Law, Contracts, Trademark and Intellectual Property for Florida on
Q: Can my competitor sue me for selling similar products from China without a contract or patent?

I'm starting a new business and have two options for purchasing the product I want to sell. I could buy it from a competitor, who offers a small discount and valuable industry insights, but there's no contract or non-compete agreement in place—only a trademark on the product name.... View More

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

First and foremost, you can be sued by anybody at any time for any reason or no reason at all. I repeat this all the time to my clients. There is nothing you can do about it. However, it should be over shortly if they don't have a reason to recover.

If there is an active patent on the...
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2 Answers | Asked in Internet Law, Libel & Slander and Personal Injury for Alaska on
Q: Must a business remove a likeness from media if a person revokes implied consent?

I am concerned about a situation where a person is now maliciously revoking their previously implied consent for the use of their likeness in photos and videos I've shared on social media platforms like Instagram and YouTube. Initially, they expressed approval through positive comments and... View More

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

When someone photographs a person, the copyright to the photograph is owned by the photographer, rather than the subject. A subject generally speaking has Likeness rights. Unlike copyright, likeness rights are not federal and will be determined on a state by state basis. It can get kind of... View More

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2 Answers | Asked in Intellectual Property, Trademark and Internet Law for New York on
Q: Legal issues in naming my website "Business Journal" for a global audience due to similar names in different niches.

I want to create a website about textiles and clothing under the name "Business Journal," for which I already hold a trade license. The content will be created online, focusing on a global audience, rather than my home country. I've noticed there are similar names in other online... View More

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

If you have a trade license for "Business Journal" for a country outside of the United States, it does not apply to within the United States. That name is already registered to a nationwide entity doing business on business. You can make your website available unblocked on the internet,... View More

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2 Answers | Asked in White Collar Crime, Internet Law and Criminal Law for Texas on
Q: Getting extorted by individuals from a Discord server demanding money and threatening exposure.

I am being extorted by individuals I encountered in a Discord server. They claim to be working for the PIU and have demanded money through CashApp, Coinbase, and Binance. They possess Discord chat logs and threaten to expose them if I don't comply with their demands. They have given me 24... View More

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

This is more likely than not to be a scam. There are several hallmarks of a scam that you have described here.

First, your relationship with them is only in an online forum. You do not know these people and they only know what you have told them about you. If you have done something...
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1 Answer | Asked in Internet Law for Indiana on
Q: If I post a picture of myself online, can anyone use to in any way they would like?
Christie Dudley
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Christie Dudley
answered on Aug 8, 2023

No.

How people can use your image depends on where you post it. You can find information on who can use your photo in the terms of service/privacy policy of the site where you posted it.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I'm wanting to create a LEGO video game

I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.

Christie Dudley
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Christie Dudley
answered on Aug 8, 2023

LEGO makes locking bricks, which are rather obviously not video games. Other companies make locking bricks, so it's fine to use imagery of locking bricks for your video game. If you want to specifically use the LEGO name or identifiers in your video game and sell it, you are effectively using... View More

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I animated/cartoonify a piece of art and trademark it as a logo?

I have found a piece of art that sparked a logo and brand idea. My thought was to replicate a couple aspects of the artwork and animate them to create my logo. I would then trademark the logo and brand name associated with it. The artist has a few pieces of art that I was also thinking to add to... View More

Christie Dudley
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Christie Dudley
answered on Aug 8, 2023

What you are looking at doing is creating what's called a "derivative work". It is possible you could change it so much that it would no longer be covered by the original copyright, but that is unlikely. The Supreme Court decided recently that Andy Warhol's work violated... View More

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4 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: I have a lock I designed that protects the factory ignition on a motorcycle. How do I go about getting it patented?

I have a prototype already made. I have been searching for any locks that resemble mine and have found nothing like it. What do I do?

Christie Dudley
PREMIUM
Christie Dudley
answered on Aug 8, 2023

Get on this quick. You need to have a patent in process within a year of disclosure of the ignition lock. You could either file a patent yourself through USPTO.gov or get a patent agent or attorney to help you with that. Filing is the first thing you need to do and if you're not perfect, you... View More

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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Asking for Confirmation after requesting removal of IP?

I built a game with my friend. We had plans on monetizing and selling it. It was a small project that became more serious and eventually took 6 months of my time. There were issues (drug use, lack of comms) that led to my decision to leave

There was a formal company but no contract around... View More

Christie Dudley
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Christie Dudley
answered on Aug 8, 2023

This is such a common problem that I always advise founders to establish an agreement before anyone does any serious work. Hopefully this bad experience doesn't dissuade you from starting new projects (only with agreements in writing first).

If you have records of the code you...
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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: If students pay to enroll in an online course I’ve created, does fair use still apply when I link to outside resources?
Christie Dudley
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Christie Dudley
answered on Aug 8, 2023

You are totally in the clear for links.

You aren't making any claim to or copy of any content when you link to it so copyright doesn't even apply. The only concern you should really have is the possibility that the linked material could be changed or removed by the people who...
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