I agree my colleague Mr. Ivey and would add that it's 20 years from filing of the earliest filed utility patent application (if priority is claimed) and 15 years for a design patent. Additionally, delays in prosecuting the patent by the applicant can affect the patent term ("patent term... View More

Yes, possibly. But there are multiple factors that a court must weigh to determine trademark infringement.

The two main factors are the mark itself and its underlying goods/services. In your example, "God's Country" is the "dominant" or key phrase, which is... View More

What's described sounds like "Fair Use" under Section 107 of the Copyright Act; e.g., criticism, comment, news reporting, teaching, scholarship, and research are forms of freedom of expression and are likely fair use.

Of course, "fair use" is simply a defense to a... View More

You will need to retain a U.S. patent attorney to sit down with all pertinent documents to fully assess the situation, including but not limited to reviewing the "prosecution history" of the Fiskars patent (does it cite your SA patent?). The claims of the patent are key - if the claims... View More

Yes.

You need to consult a litigation firm. There are many variables in this scenario that must be considered to determine a prudent course of action, including but not limited to: are the allegedly infringed images federally registered? were they registered AFTER first publication? can/should the two... View More

My law partner Peter Brewer is in Knoxville. https://thrive-ip.com/attorneys/peter-l-brewer-j-d-patent-attorney-knoxville-tn/

I personally have clients all over the the world and throughout the United States. Being in the same physical area, perhaps for convenience of in-person meetings,... View More

I agree with my colleague, Mr. Billick. Furthermore, it's possible that the original trademark owner can attempt to revive an abandoned federal trademark application (if that's the case here) under certain circumstances.

By "trademarked," I assume that you mean "registered," either state or federally. A trademark is not the same thing as a trademark registration ...kind of like a house compared to a deed to the house.

Adding a word or a design element to a registered mark usually... View More

A copyright attorney would have to assess your specific situation and facts to determine your rights and potential options.

Assuming for the sake of discussion that you own the copyright in the pictures/collages, in order to file a federal copyright infringement lawsuit to seek an... View More

Ownership.

The inventor is the original "owner" of the patent application/patent unless or until the inventor "assigns" (sells, gives, etc.) his or her rights in the patent to an assignee. Except for some unusual situations, the inventor listed on a patent never... View More

Maybe, if the information reasonably related to the claims or defenses in the case.

Presumably - because this is posted under "copyright" - this question has to do with a federal lawsuit. If so, discovery is governed by the Federal Rules of Civil Procedure (FRCP), Rules 26-37.... View More

There appear to be some federal registrations and pending applications for the same or similar mark that you have in mind. Among other things, your goods or services are one factor that a trademark attorney can discuss with you to help determine if your mark is "registerable," and even if... View More

Possibly.

First of all, trademarks and trademark registrations are different - kind of like a car and the title to the car. This will determine the strength, scope and reach of the senior user's rights.

In this instance, if the other party owns and uses EHG as a... View More

First, a point of clarification - a trademark and a trademark registration are not the same thing... they're kind of like a car and its title, or a house and its deed.

If you've been commercially using your mark since 2008 without a federal trademark registration, you have what... View More

There are cases which suggest that patent drawings are protected under copyright law, but as part of the "patent bargain" the public has an implied license to use the contents of a patent to make or use the invention. Theoretically, a patent owner could try to use copyright law to stop... View More

Maybe. If the other product is patented, it might act as a "blocking" patent against your product. This can occur if a claim of the patented product "reads on" your end-product (e.g., if your product has each and every element, or substantial equivalent, of one of the related... View More

If the original provisional patent application (PPA) expired without being published (e.g., it was never used as a basis for a formal utility patent application), then the PPA might be "recycled" into a new PPA to include improvements or changes to the invention since the first PPA.... View More

You might want to hold off until you speak with a trademark attorney.

If a mark owner believes that its rights are being infringed, it can sue to stop the use of the same or similar mark (including in a domain name) by a suspected infringer. Which party "wins or loses" will be... View More

It sounds like you might have a contract breach, but their fine print probably says that you have to arbitrate the dispute in California and that damages are limited to the price paid to them. You may have to consult with a California attorney to review your specific details in this regard.... View More