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Hawaii Intellectual Property Questions & Answers
2 Answers | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Hawaii on
Q: I need to get my trademark registered back in my name ASAP
James L. Arrasmith
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answered on Dec 4, 2023

To regain a trademark that was previously in your name, the first step is to understand how and why the trademark is no longer under your ownership. If the trademark was inadvertently abandoned or transferred to someone else, the specific circumstances will dictate the course of action.

If...
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1 Answer | Asked in Trademark and Intellectual Property for Hawaii on
Q: is splash bag trademarked?
James L. Arrasmith
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answered on Aug 6, 2023

To determine if "Splash Bag" is trademarked, you should conduct a thorough search of the United States Patent and Trademark Office (USPTO) database or other relevant sources to check for existing registrations or pending applications for the term "Splash Bag." This search will... View More

1 Answer | Asked in Copyright and Intellectual Property for Hawaii on
Q: Am I allowed to reference a worksheet in a screenplay?

The worksheet came from a book. The copyright page states: “Purchasers of this book have permission to copy worksheets and boxes, where indicated by footnotes, for personal use or use with individual clients. These worksheets and boxes may be copied from the book or accessed directly from the... View More

James L. Arrasmith
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answered on Mar 29, 2023

The copyright page of the book that contains the worksheet in question states that purchasers of the book have permission to copy the worksheet for personal use or use with individual clients, but may not distribute it on intranet or internet sites, or make it available for resale. However, it is... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Hawaii on
Q: Can I start a podcast with the same name as a documentary film from several years ago? Not quite same focus (see details

I want to start a podcast called gun stories (pretty generic name.). When I do a trademark search, there's a documentary called gun stories. Our podcast is interviewing people about their stories about guns. The documentary was about the history of guns.

Matthew Nuzum
Matthew Nuzum
answered on Mar 15, 2023

Yes, you can, but if your podcast is deemed confusingly similar to the prior uses then you may be approached to change the name or reduce the chance of confusion. And, by the way, doing a trademark search is not the best way to see if there's a conflicting usage of the name. The purpose of a... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Hawaii on
Q: Can I start a podcast with the same name as a documentary film from several years ago? Not quite same focus (see details

I want to start a podcast called gun stories (pretty generic name.). When I do a trademark search, there's a documentary called gun stories. Our podcast is interviewing people about their stories about guns. The documentary was about the history of guns.

James L. Arrasmith
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answered on Mar 29, 2023

It is possible to start a podcast with the same name as a documentary film from several years ago, but it may be risky due to potential trademark issues. The documentary may have a trademark for the name "Gun Stories" in relation to entertainment or documentary services. If you use the... View More

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1 Answer | Asked in Intellectual Property for Hawaii on
Q: If a company in china steals my photos of Me. on My hawaii business website and uses it to make sales, do I sue?

I have no affiliation with this company. I wrote them and told them what they did was not right and they blocked me. my business is licensed, I have the contract for the photos and I was the model.Those photos they stole are 5 photos and my words used in two different ADs.

Jingzhan Wang
Jingzhan Wang
answered on Feb 21, 2022

as per the civil code of China, Unless otherwise provided by law,

no one may make, use, or publicize the image of the right holder without the latter’s

consent.

1 Answer | Asked in Contracts, Government Contracts, Intellectual Property and Land Use & Zoning for Hawaii on
Q: Can I hire a paralegal instead of a lawyer for a lawsuit
Tim Akpinar
Tim Akpinar
answered on May 23, 2020

Someone familiar with the rules governing paralegals in Hawaii should answer your question, but your post remains open for four weeks. As a general matter without regard to jurisdiction, paralegals can perform many functions, such as research, preparing forms, investigating claims, etc. Paralegals... View More

2 Answers | Asked in Copyright and Intellectual Property for Hawaii on
Q: Am I able to write a book to teach towards an industry certification without permission of the owning organization?

The certification is owned by CompTIA. I'd like to write it explicity for the Security+ exam (completely in my own words of course).

Bill Hulsey
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Bill Hulsey
answered on May 19, 2020

Usually, yes.

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1 Answer | Asked in Business Law, Copyright and Intellectual Property for Hawaii on
Q: do I need a music licence to play music spotify in the restaurant i own?

is a music licence required for me to play any type of streaming audio at my establishment?

Benton R Patterson III
Benton R Patterson III
answered on Jun 28, 2018

Yes, you must have a license to play streaming audio publicly.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Hawaii on
Q: Not sure if I need to patent idea or not.

have an idea for an app that as far as I can search has not been created. I want to make sure I lock this idea in before it gets scooped by someone else, but I'm unsure of what I should do first.

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 19, 2018

One step is to kick your search skills up a level with the tips in my slide set. http://bit.ly/Patent_Searching.

Next you may want to wade into Section 101 issues as some software ideas are no longer welcome at the Patent and Trademark Office. This may be getting deeper into the weeds than...
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1 Answer | Asked in Intellectual Property for Hawaii on
Q: what to do when venture capitalist try to take over everything you have invented just before FDA approval
Ray Beckerman
Ray Beckerman
answered on Sep 5, 2014

That is a common event. It depends on what the contracts and other documents say. You definitely need major legal representation.

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