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Questions Answered by Erik Špila
3 Answers | Asked in Trademark for Louisiana on
Q: How much does a trademark usually costs?
Erik Špila
Erik Špila
answered on Jan 21, 2023

Hello, the answer to your question depends various other circumstances such as in which country you are seeking trademark protection, if you are willing to use the lawyer services or not, if you are going to do preliminary trademark search and so on. I advice you to contact IP lawyer and provide... View More

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1 Answer | Asked in Intellectual Property and Legal Malpractice for Georgia on
Q: Can I run my own virtual boutique firm while working for another law firm?

I want to start a Trademark law firm, initially just helping clients file their applications. Is this an ethics issue if I also work for an IP law firm? What if the practice areas are different?

Erik Špila
Erik Špila
answered on Jan 10, 2023

In most jurisdiction there is a law that says that this would be considered as a a breach of non-competition with your employer. You must therefore find a pertinent laws in your country which states what are the restrictions for your profession. Also you need to check out your employment contract... View More

1 Answer | Asked in Patents (Intellectual Property) on
Q: I just received a patent infringement strike on Amazon. Can you help me?

Our product does not have a brand registry on Amazon, and we haven't applied for a patent, and now another brand has put a strike on my three listings. I want a solution; the opponent has a utility patent.

Erik Špila
Erik Špila
answered on Jan 10, 2023

Well the outcome of this may differ depending on various different circumstances you have not provided.

Qualified IP lawyer needs to check out and examine claims of the opponent and also your IP.

After that you can either negotiate licence terms with opponent or you can withdraw...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Do I require a patent to protect an herbal formula while I try to sell/license it? Will something cheaper suffice?

I have come up with a novel formula of herbs that act as a strong stimulant together. I developed it over years to overcome difficulties at jobs and to keep me awake on overnight drives. It is stronger than energy drinks, at least for me.

I'm looking to protect as I seek to profit off its value.

Erik Špila
Erik Špila
answered on Jan 5, 2023

Very hard to say the exact and the only solution for you here. You should discuss this with your local intellectual property lawyer. In general, you can use the institute of trade secret and also carry some legal protection with it. However you need to meet some legal requirements for this and that... View More

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: Based on info from a book, I created a process that matches gemstones to a person's needs. Is this infringement?

The process is my original creation. I would like to acknowledge the author in my resources list so people can study his work. The author has died.

Erik Špila
Erik Špila
answered on Dec 12, 2022

In my opinion (dont take this as a final and comprehensive legal advice as I do not have all the details of your case), this would in most countries not considered as IP infringement. You have inspired yourself from the information covered in book however the process itself is your idea (your work)... View More

1 Answer | Asked in Trademark for Michigan on
Q: If a company trademarks a generic word, such as GLADIATOR, how am I restricted from using it?

For instance Jeep has a GLADIATOR model and there is a movie named GLADIATOR. I make laser acrylic emblems for various vehicles. Am I not allowed to make an emblem that says GLADIATOR at all? Or just using the font/logo that they use? Other examples would be Jeeps CHEROKEE and Ford's MUSTANG.... View More

Erik Špila
Erik Špila
answered on Dec 12, 2022

Answer to your question depends on more variables so we can not provide comprehensive question to your pertinent question here. However, trademark is mostly only protected in a territory in which it is registered and valid, and for goods or services that it has listed in the trademark registration.... View More

1 Answer | Asked in Intellectual Property and Trademark for Kansas on
Q: I am starting a clothing line for my brand that covers Kansas City Chiefs news. Can I use logos, player names, etc?

Will I run into any legal trouble if I use the Chiefs logo, specific player names, past logos, or such on my clothing? A better way to say it is what can't I include and what can I include. Thank you.

Erik Špila
Erik Špila
answered on Nov 30, 2022

The answer/answers to your question/questions depend on various further details that must be presented from your side first so the advice can be given based on all relevant case information.

What I can definitely say, from the point of view of intellectual property law and trademark law, it...
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1 Answer | Asked in Trademark and Intellectual Property on
Q: Can I use the word supernatural in my game? Supernatural is a word and that's the only thing I want to use.

I have an original work and I wish to use the word supernatural for the title. Am I infringing any trademark by doing so?

Erik Špila
Erik Špila
answered on Nov 22, 2022

In my opinion, word supernatural is a word with a meaning and many use it in common language. So unless you use it in sense of trademark, then you should be good to go. However if you want to be certain about this, then you should seek a qualified trademark attorney in your area to seek her/his... View More

1 Answer | Asked in Trademark for California on
Q: Could I call a brand 'Mario & Peach' or would that infringe on Nintendo's trademarks for Mario and Princess Peach?

I would not use their likeness as part of the branding—just the names

Erik Špila
Erik Špila
answered on Nov 15, 2022

Depends on the various other details and circumstances such as country in which trademark will be applied for, similarity of goods or services, validity of competitors trademarks.

But the fact that the brand sounds or looks similar to the older trademark does not itself state that you can...
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2 Answers | Asked in Trademark on
Q: Hello, we noticed though that a generic term has been trademarked causing issues on Amazon.

We noticed a competitor trademarked the PMU/Permanent Makeup keyword. We've been receiving a warning to remove these keywords from our listings. Otherwise, they will take it down. I don't think it's fair to trademark a commonly used term for one's interest. Or can you check what... View More

Erik Špila
Erik Špila
answered on Nov 15, 2022

Yes, this seems like unfair competition, but due dilligence must be performed first by a qualified IP lawyer in this case to provide you with most efficient strategy.

In most jurisdiction there is a way to initiate the trademark cancelation proceedings or trademark invalidation proceedings...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Trademarks vs. copyrights?

Trademarks vs. copyrights? I have a business where I create websites and apps. I am not inventing anything new just adding a different take on already existing products. For example, I am doing a mindfulness app for kids. Do I need to trademark everything I do or can I just copyright my work?

Erik Špila
Erik Špila
answered on Nov 12, 2022

Most businesses do at least "bare minimum" in case of trademarking and that means that they try to trademark at least their main business name and their main product name. Even though copyright protection might extend to some of your business outputs, it does not offer you the trademark... View More

2 Answers | Asked in Trademark for California on
Q: if i register a trademark, am i able to obtain the .com domain for the trademarked word?

there are a few names i am considering for my brand. however, for all of the names i am interested in, the corresponding .com domains are either: in use, in use but forwarded to a different URL, or parked and available for sale at $5k.

I am wondering if i have a registered trademark for... View More

Erik Špila
Erik Špila
answered on Nov 11, 2022

This will not be possible as the domain name registrator would have time priority (he registered his domain sooner than you have registered your trademark) against your trademark even if you succesfuly register your trademark in pertinent jurisdiction. So it is highly recommended to choose... View More

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1 Answer | Asked in Copyright and Trademark on
Q: Hi, can i make a "Wordle puzzle book" and sell it on line

wordle is online game hosted by the new york times

Erik Špila
Erik Špila
answered on Nov 6, 2022

If its a kind of game which is promoted or even trademarked under similar name in the country it is highly recommended to make a research if it will be possible for you to market similar or different product under similar mark. You should definitely consult with a local intellectual property lawyer... View More

3 Answers | Asked in Copyright and Trademark for New York on
Q: How do I get in contact with owner for permission to use a design?
Erik Špila
Erik Špila
answered on Nov 4, 2022

I would like to also add that if its design registered in other countries than it can also be trackable through design registry. EUIPO for instance has registry of Community design valid in EU where contact information of design owners can be found.

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1 Answer | Asked in Trademark for California on
Q: If I make [shirts] with entertainers name/image, how do I get permission sale the products??
Erik Špila
Erik Špila
answered on Oct 30, 2022

The most common way to obtain the permission from the person is to write him an official email/letter in which you ask for such permission. You should always seek for written permission (at least in the form of email) for future referrence and eventual disputes.

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Should I oppose a trademark or file for the same class with detailed description? Their description does not infringe

I have a live trademark for class 025 but the website i've created also offers goods/services under class 035, 041, and 009. I noticed someone filed for class 041 but their description does not infringe on what I'm doing. However considering my website is a community with in person... View More

Erik Špila
Erik Špila
answered on Oct 24, 2022

Thats a highly complicated question (questions) and you should definitely seek intellectual property lawyer to duly analyze the details of your case. There is no right answer here as it depends on further variables that you will need to provide in order to get qualified advice.

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2 Answers | Asked in Trademark and Intellectual Property for California on
Q: How much does it cost to establish a trademark? Does it vary state to state? I live in California.

I want to trademark my brand name which I wish to sell products under.

Erik Špila
Erik Špila
answered on Oct 22, 2022

Yes, every country has different pricing. If you want to have trademark in USA, then the price will be different than if you want to have trademark both in USA and European Union. For exact list of charges you can check the local industrial property office (USPTO in USA and EUIPO in EU, for... View More

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2 Answers | Asked in Copyright and Intellectual Property on
Q: I am looking to sell quotes on merchandise from ancient philosophers like Marcus aurelius etc. Would this be legal?

The quotes would be from figures like Albert Einstein and Abraham Lincoln. All of which have passed on. Would these be free of copyright?

Erik Špila
Erik Špila
answered on Jan 17, 2023

Yes, in most countries these are in public domain and so you can use them on your merchandise.

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2 Answers | Asked in Copyright and Intellectual Property for South Dakota on
Q: Is it legally permissible to use text from a public domain book for commercial purposes?

I would like to use the text from a public domain book and print it onto fabric for a project I'm working on. Initially this was to be a personal project, but I'm considering the possibility of using the design for commercial purposes in the future and want to know if it is legal to use... View More

Erik Špila
Erik Špila
answered on Jan 11, 2023

Yes, it should be legal in majority of countries if text is in public domain. Good luck with your project.

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2 Answers | Asked in Trademark on
Q: Do you do DMCA on roblox under behalf of Mojang AB?
Erik Špila
Erik Špila
answered on Jan 10, 2023

Hello,

if your question is if a qualified lawyer from this website can help you send a valid Digital Millennium Copyright Act (DMCA) notice or Trademark infringement removal request for

violation of intellectual property rights on Roblox, to remove infringing content, then the answer is YES.

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