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James D. Williams

James D. Williams

IP and Family Law Attorney - Tingen & Williams, PLLC
  • Intellectual Property, Trademarks, Entertainment & Sports Law ...
  • Eastern District of Virginia, Virginia
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Summary

I focus my practice on intellectual property law and family law.

I graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2019. I earned the Intellectual Property Certificate as well as the Auzville Jackson Jr. award for excellence in intellectual property.

I am excited to assist artists, business owners, and content creators with their contract, trademark, and copyright concerns.

I've expanded my practice to include assisting clients in family law matters, estate planning, and business law. Whether the case is contested or non-contested, I am committed to helping his clients pursue the best possible outcome.

Regardless of whether I'm consulting a content creator or a spouse, I will develop a creative solution to best suit the client’s needs.

Practice Areas
  • Intellectual Property
  • Trademarks
  • Entertainment & Sports Law
  • Business Law
  • Family Law
  • Divorce
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Eastern District of Virginia
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Virginia
Virginia State Bar
ID Number: 95064
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Languages
  • English: Spoken, Written
Professional Experience
Attorney
Tingen & Williams, PLLC
- Current
Family Law cases such as divorce and custody, special immigrant juvenile status, contracts drafting and review, trademark and copyright law
Document Review/Contract Attorney
Trustpoint.One
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Intern
Hitaffer & Hitaffer, PLLC
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Assisted supervising attorney with patent and trademark prosecution
Legal Intern
Virginia Poverty Law Center
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Conducted legal and non-legal research for family law issues, Drafted legal memoranda
Education
University of Richmond School of Law
J.D. (2019) | Intellectual Property
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Honors: Auzville Jackson Jr. Award, Intellectual Property Certificate, Order of Barristers, Pro Bono Certificate
Activities: Asian Pacific American Law Student Association, Alternative Dispute Resolution, Journal of Law & Technology, Law Peer Sexual Misconduct Advisor, Student Intellectual Property Law Association, Trial Advocacy Board
University of Richmond School of Law Logo
University of Tennessee - Knoxville
B.A. (2015) | Political Science, Philosophy, Business Administration
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Activities: Visual Arts Committee, American Mock Trial Association, Tennessee Intercollegiate Supreme Court
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Professional Associations
Virginia State Bar  # 95064
Member
Current
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Lawyers for the Arts
- Current
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Virginia Trial Lawyers Association
- Current
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Greater Richmond Intellectual Property Lawyers Association
Member
- Current
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Speaking Engagements
Tutorial Stage , Online
Tutorial Stage is a panel series for entry-level game developers, artists, and content creators generally. I spoke on "Getting Paid" regarding contractual issues artists may face and intellectual property. I also provided resources about contract terms and general legal implications of fan art. https://www.tutorial-stage.com/
Websites & Blogs
Website
Firm Page
Legal Answers
18 Questions Answered

Q. Is it legal to screenshot a Getty Images image I have embedded into my website from that website and then post it?
A: Getty Images is not someone to mess around with. They are incredibly active in copyright infringement suits. If they give you an embed feature, then they absolutely have terms and conditions on how the license works for that. I can practically guarantee, though will not without actually reading the terms and conditions, that taking a screenshot and sharing it is outside the terms and conditions of the license. Copyright law is heavily dependent on licensing and proper authorizations, so if you can do that, then you should. Otherwise, you'll always run the risk of copyright infringement, even if you aren't using the work commercially.
Q. Mom passed and half sister is executor. She is keeping all records to herself. Does she have to disclose records to us?
A: This definitely is going to be something to discuss with an attorney who regularly works with probate. The executor has control over personal property for the payment of debts, taxes, etc., but there is generally a fiduciary duty that the executor refrain from self-dealing. The executor would be given access to accounts as the executor of the estate, but this would not be the personal capacity of the family member. Executors have an accounting requirement for probate which includes an inventory of all of the assets/debts, etc. of the estate and they must present that, and it's reviewed. There is a requirement that the executor notify the beneficiaries that they have qualified for a portion of the estate, but it's not quite the same as them having to disclose all of the financial records as you've asked. If you have proof that the person is not acting in their capacity as executor and is transferring property that directly contradicts what the will says, then it would be something to discuss with an attorney. Specifically, you would want to find an attorney that specializes in fiduciary litigation because they know about the duties of executors and personal representatives for estates. For basic questions, you can talk to the clerk of the circuit court where your mother's estate is being handled or the commissioner of accounts, there. Henrico County Commissioner of Accounts has a handy resource. Check it out here: http://www.henricocommissionerofaccounts.com/estate/duties#:~:text=The%20administrator%2Fexecutor%20(herein%20referred,or%20in%20the%20case%20of
Q. Would I be able to write a musical titled, “Danny Phantom the Musical” and use the likeliness of the characters?
A: The biggest thing that you have to worry about is probably copyright because you would be making a derivative work by making a musical. Viacom has the registration for the show, and when you adapt and derive content from one medium into another, you need a license from the respective owner(s). Otherwise, it's a copyright infringement, most likely. For copyright, it also depends on what all you're doing/how you're using the characters. There are possible fair use considerations, but as a reminder, fair use is a legal defense and not a legal right in America. The judge/court will be the only party able to confirm something is a fair use, so also keep that in mind. As for trademarks, it will come down to whether or not you either (1) use the characters in commerce and as a designation of origin or (2) whether your potential use is considered dilution or tarnishment of the existing trademark. Trademarks are source identifiers, and if you're not using the trademark as a brand, then you may not be infringing any trademark rights. If you're making money from it and they find out, then I'd say expect a cease and desist letter at the least. If Viacom believes that your musical with the Danny Phantom characters diminishes their trademark rights, then they may try to sue for dilution/tarnishment, especially if they try to suggest your musical is low quality. These are all some basic possibilities to keep in mind. Generally, if you're going to use a referenced work, then asking and receiving written permission is the best way to go. If you start work on the musical and hear from Viacom, then I absolutely recommend contacting an attorney ASAP.
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Contact & Map
Tingen & Williams, PLLC
1801 Bayberry Court, Suite 203
Richmond, VA 23226
Telephone: (804) 477-1720