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Questions Answered by Darrin A. Auito
2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Patent question. Can I apply for a single design patent for the spoon, fork, and knife with the same design?

I want to apply for a design patent for a spoon, a fork, and a knife. In my understanding, one patent application is for a single item. However, my design is the same for all 3 utensils. In this case, should I apply for the design of a handle instead? Can I say, "ornamental design of the... View More

Darrin A. Auito
Darrin A. Auito
answered on Sep 18, 2023

You should discuss with an IP attorney that has experience with design applications. That said, with proper usage of solid and dashed lines, it sounds like a single embodiment can cover all three designs, since ornamental feature is directed towards the handle. I'd recommend a different title,... View More

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3 Answers | Asked in Patents (Intellectual Property) on
Q: I need to verify if it is real that WORLDS, INC owns the patents it says:

Worlds Inc. (OTC QB:WDDD) is a leading intellectual property developer related to 3D online virtual worlds. The Company has a portfolio of 9 US patents (6,219,045; 7,181,690; 7,493,558; 7,945,856; 8,082,501; 8,145,998; 8,161,385 8,407,592& 8,640,028) for multi-server technology for 3D applications

Darrin A. Auito
Darrin A. Auito
answered on Jan 27, 2023

Search the USPTO assignment database for recorded assignments. Go to PAIR and review the file wrapper, e.g., Applicant listed on ADS and Filling Receipt. These are a couple of good starting points.

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2 Answers | Asked in Intellectual Property and Trademark for Massachusetts on
Q: How does a company protect their unregistered mark (used in commerce) from another company filing with intent to use?

Company A has been using a mark in commerce for a year, but has yet to file for registration. Company B files for the mark (same name and class) with intent to use. It is pending, but has not been assigned an examiner yet. How should Company A protect their mark, and prove they have rightful... View More

Darrin A. Auito
Darrin A. Auito
answered on Feb 20, 2024

Great question, and one that we advise businesses on regularly. Case specific. Please reach out to an experienced trademark attorney that can give practical advice.

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2 Answers | Asked in Patents (Intellectual Property) for Kentucky on
Q: When do these patents expire? D600791 D792576
Darrin A. Auito
Darrin A. Auito
answered on Apr 10, 2023

D600791 - Anticipated expiration 2023-09-22

D792576 - Anticipated expiration 2032-07-18

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2 Answers | Asked in Copyright and Intellectual Property for Missouri on
Q: If I take a photograph of the U.S. Capitol building, can I use it as part of the cover art for my novel?
Darrin A. Auito
Darrin A. Auito
answered on Jul 25, 2022

Yes - If you took the photo, then you own the image under US Copyright law.

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1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: How can POPSOCKETS LLC take down my product listings on marketplaces such as Amazon and Walmart?

Popsockets LLC keeps making claims that my trademark FAB POPS is in violation of there mark POP. This has happened over 150 times since June 27, 2022. My first use of FAB POPS is 6 months before there claimed first use. How can I combat the damage this is causing my business?

Darrin A. Auito
Darrin A. Auito
answered on Jul 11, 2022

One time is frustrating, but 150 times in a matter of weeks? Wow. It looks like you have an earlier first use in commerce date between the trademarks identified in your post. However, Popsockets LLC owns a fairly large portfolio of marks comprising the word "POPS." You should speak to a... View More

3 Answers | Asked in Intellectual Property and Trademark for Arizona on
Q: I was contacted by someone who says they own the trademark to a brand that I have been using since 2008. They filed 2015

How can I go after them to reverse the Trademark?

Darrin A. Auito
Darrin A. Auito
answered on Sep 7, 2020

One option is to file a petitions for cancellation of their trademark - priority. Consult a trademark attorney to discuss your situation so that you take appropriate action to protect your brand. Good luck!

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4 Answers | Asked in Patents (Intellectual Property) on
Q: I want to do a patent search with a company. But it isn't throwing any results. Could you please help me?

Patent search help

Darrin A. Auito
Darrin A. Auito
answered on Aug 21, 2020

did you try searching by assignee name?

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2 Answers | Asked in Patents (Intellectual Property) on
Q: Hi, I have a golf putter head I want to patent. How do I go about it?
Darrin A. Auito
Darrin A. Auito
answered on May 18, 2020

Contact a trusted patent attorney.

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2 Answers | Asked in Copyright and Intellectual Property on
Q: Hi, We would like to Patent few technology products developed by our company. We would like to know the process.
Darrin A. Auito
Darrin A. Auito
answered on May 13, 2020

You should start by reaching out to an IP attorney for an initial discussion. Good luck!

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1 Answer | Asked in Patents (Intellectual Property) on
Q: I think my Patented & Registered Design Pet collar product has been infringed, copied, manufactured & sold by Midali

My collars have been copied & sold on Amazon & Ebay & bought from Midali Pet Supplies

Darrin A. Auito
Darrin A. Auito
answered on May 6, 2020

Sorry to hear. Lots to discuss. You'll need to consult with an intellectual property litigation attorney.

2 Answers | Asked in Patents (Intellectual Property) for New Jersey on
Q: Hey would like to get in touch with a IP Lawyer? I want to get this Patent
Darrin A. Auito
Darrin A. Auito
answered on Apr 27, 2020

You definitely came to the right place. Lots of IP attorneys here. Best to pick an IP attorney with experience handling technology related to the patent you are interested in getting.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: how to I contact trademark owner for licensing on using their trademark?
Darrin A. Auito
Darrin A. Auito
answered on Feb 24, 2020

Check the Current Owner(s) Info and Attorney/Correspondence Info tabs on USPTO's TSDR link for the subject trademark. You can either reach out directly or through counsel. Both approaches have advantages.

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1 Answer | Asked in Patents (Intellectual Property) and Trademark on
Q: Hello i would like to know how can i do a trademark/patent in USA? Regards Thomas

We are about to product some very special exhaust components for V8 BiTurbo engines, that from the shape of the design are not available on the market. We would like to patent or trademark this design in USA if possible.

Darrin A. Auito
Darrin A. Auito
answered on Feb 24, 2020

Both might be possible, depending on the design.

You should contact an experienced U.S. intellectual property attorney.

Good luck!

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: May I know what type of patent the patent 8,395,875 belongs?
Darrin A. Auito
Darrin A. Auito
answered on Feb 18, 2020

Utility Patent - "Spark gap apparatus" (March 12, 2013)

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1 Answer | Asked in Intellectual Property for Georgia on
Q: I started a band and came up with the band name. The band became successful and then fired me.

They deleted my admin privileges from the Facebook page that I started. I have asked them to Change the name but they will not because it is now a successful business. What should I do legally?

Darrin A. Auito
Darrin A. Auito
answered on Dec 3, 2019

You should contact an intellectual property attorney with trademark experience. You might have rights in the band name. Depends on the facts.

2 Answers | Asked in Patents (Intellectual Property) on
Q: What are the steps required to obtain a Freedom To Operate opinion on a patentable idea?

I'm interested in a US FTO opinion only.

Darrin A. Auito
Darrin A. Auito
answered on Nov 7, 2018

Contact a U.S. patent attorney with relevant technical and legal experience.

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2 Answers | Asked in Patents (Intellectual Property) for Missouri on
Q: Am I infringing on a patent?

I sell puck holders and someone has alerted me they have a patent. Their design is different from the one I sell. Plus, I don't physically make the holders, I purchase them from a different company and add paint/glitter to it.

The patent holder sent a DMCA takedown notice to my web... View More

Darrin A. Auito
Darrin A. Auito
answered on Sep 19, 2018

I recommend contacting a patent attorney with litigation experience.

FYI - Sect. 271. Infringement of patent … "whoever without authority makes, uses OR SELLS any patented invention, within the United States during the term of the patent therefor, infringes the patent."

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1 Answer | Asked in Intellectual Property for Virginia on
Q: How do I file a patent for a potential consumer product and protect my intellectual property?
Darrin A. Auito
Darrin A. Auito
answered on Sep 13, 2018

Contact an experienced patent attorney that is familiar with your technology.

2 Answers | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: Recourse for original inventor excluded from patent application. I contest right of ownership.

My colleague and I were responsible for 100% of the technical data and research for patent application and were inexplicably excluded by other colleague when he refiled secretly. We never assigned our rights and wish to contest right of ownership.

Can you advise me who we should contact at... View More

Darrin A. Auito
Darrin A. Auito
answered on Sep 8, 2018

I recommend contacting a patent attorney. Good luck!

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