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Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property, Internet Law and Trademark for New York on
Q: I have a question regarding cybersquatting/domain name sales

Hi We have a bundle of domains that are similar to a large corporation/org although the domain names are not trademarked (but are similar/in the same "family" to those that are) They had inquired about purchasing them -they do not like the price and are now suggesting its cybersquatting... Read more »

Steve Charles Vondran
PREMIUM
Steve Charles Vondran PRO label
answered on Feb 6, 2023

The legality of selling domain names that are the trademarks of other companies is a complex issue and one that has been the subject of much legal debate. In order to understand the law on this matter, it is necessary to look at both trademark law and domain name law.

Trademark law...
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2 Answers | Asked in Copyright, Intellectual Property, Civil Rights and Gov & Administrative Law for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 3, 2023

You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... Read more »

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1 Answer | Asked in Intellectual Property and Trademark for Oklahoma on
Q: "Oklahomie" serial number: 88275112 current "status: 604 - Abandoned- After- Inter-Parties-Decision" Is it available?

Is it available to trademark or is it already taken?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Feb 3, 2023

This application and another to register OKLAHOMIE (with map) were opposed by The Board of Regents of the University of Oklahoma twice (in 2019 and 2020) which owns several registration for OKLAHOMA.

A new application to register OKLAHOMIE would most certainly be similarly opposed.

1 Answer | Asked in Intellectual Property, Trademark and Copyright for New Mexico on
Q: I am asking for clarification on the Let's get Ready to Rumble trademark.

I am a pastor at a church beginning a new series called "the Rumble" We would like to have a mic fall from the ceiling and one of the pastors to say Let's Get Ready to Rumble. We have a livestream and want to avoid trademark/copyright issues. Can I have some assistance in this?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Feb 2, 2023

LET'S GET READY TO RUMBLE has been registered since 2000 for advertising and entertainment, by sports announcer Michael Buffer through his corporation READY TO RUMBLE INC. The proposed use for similar services could be considered infringing by the trademark owner. However, since the context of... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: When is it safe to remake and market old patents and copyrights and what are some things to be aware of?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

When the term of the patent or the copyright expires.

The idea of a patent is a contract between an inventor and the public, as represented by the government. The inventor discloses the invention, which is valuable to the public, to the society, and gets something in return. The inventor...
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1 Answer | Asked in Trademark and Intellectual Property for North Carolina on
Q: what does it mean under status710-canceled?does this mean name is now avail??under trade mark listing
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 30, 2023

Trademark registrations are cancelled in most instances due to the failure of its owner to file with the USPTO a statement of continuing use. These maintenance filings are due in the fifth year after registration and in the ninth year to renew for another ten year term.

Just because a...
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2 Answers | Asked in Intellectual Property and Trademark for Tennessee on
Q: Please explain the following?

I am looking to trademark the name Bitsy Boop. I found THIS on your website: BITSY BOOP - Trademark Details

Status: 710 - Cancelled - Section 8

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 30, 2023

BITSY BOOP, with a design of a little girl, was registered by the Hearst corporation in 1998 for tee shirts, and one half of Hearst's interest was assigned to Fleischer Studios in 1999. The joint owners failed to maintain the registration with a required statement of continuing use in 2005,... Read more »

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1 Answer | Asked in Intellectual Property on
Q: If I sign an NDA, does that mean I can't use information I already have if the client gives me similar information?

I need to sign an NDA, but I am concerned about knowledge I own that may intersect with the client's.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 30, 2023

In general information that is generally known or knowable from public sources is not protected by an NDA. However, there is not enough information in your question to opine on your particular situation.

1 Answer | Asked in Copyright and Intellectual Property on
Q: I am writing a novel and would like to use quote from a non-fiction book as part of the narrative. What are the limits?

In my novel, the main character is using quotes from the non-fiction book to as aids to illustrate her own experiences, which she relates to the content of the quotes. She states that she's doing so because the book's author has already said things very well and she sees no point in... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 30, 2023

The “fair use” doctrine under Section 107 of the Copyright Act may allow you to do what you want, but this is subject to a detailed review of your case, as fair use is adjudicated on a case-by-case basis with reference to similar court precedents and a multi-factor legal test. It’s impossible... Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: Hello JUSTIA Patents, I have a question, about copyrighting, eventually on a source code. What to do?

I have my own source code, for an Deep Learning, GPT-3 based Artificial Intelligence, which is not associated in any ways with OpenAI´s ChatGPT. It was written from the scratch, and its well documented. How can I protect my code?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 29, 2023

Source code is eligible for copyright registration, but infringement of copyright only applies when the wrongfully reproduced work meets the "substantial similarity" criteria under the Copyright Act. This can end up being a strategic decision, because competitors can seek to alter your... Read more »

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for South Carolina on
Q: I found evidence that my granddad is the 1st patent holder ,inventer of the tubless tire ..what do i do to file law suit
John Michael Frick
John Michael Frick
answered on Jan 28, 2023

I infer from your question that you want to sue manufacturers of tubeless tires claiming that you rightfully inherited your grandfather’s patent.

If so, you should consult a patent litigation attorney regarding your rights in this regard. Such an attorney may also go by the rubric...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: i want to use name Moana as an artist (singer) name.I have rights to use it as an artist name,haven’t I ?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 26, 2023

MOANA is a Hawaiian word for "ocean" and is therefore a generic term, not capable of being registered by itself for exclusive use. Disney has registered DISNEY MOANA for use in films and entertainment, and as the name of a fictional character. Your use of MOANA would most probably be... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: Is there a patent for a Helmet in a baseball cap?
Stephen E. Zweig
Stephen E. Zweig
answered on Jan 24, 2023

One good way to research this is to use patents.google.com, type in various relevant keywords, and see what you find. For example, try: https://patents.google.com/?q=helmet+baseball+cap&oq=helmet+in+baseball+cap and various other variations.

1 Answer | Asked in Trademark and Intellectual Property on
Q: Hello there,I have a question. Can a company use the word "MagSafe" for its own product?

"MagSafe" is trademarked by Apple.

Robert E. Wasserman
PREMIUM
Robert E. Wasserman
answered on Jan 24, 2023

It would depend on the type of products. You should expect to be sued if you use "MagSafe" to market goods such as computers, mobile phones, battery packs, electrical cords, etc. For any other goods/services, you should definitely hire an experienced attorney to conduct a thorough... Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Intellectual property: I provided a product idea to a company. They stole the idea and used it to secure a patent.

...

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 23, 2023

This is going to require that a patent attorney take a deep dive on the material that you provided and the nuances of the issued patent claims. There may be a path to correct inventorship to add you as one of the inventors. If you did not assign over your rights, then being a coinventor makes you... Read more »

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2 Answers | Asked in Copyright, Animal / Dog Law and Intellectual Property for Idaho on
Q: Can I legally sell an image I took of a friends cow without their written consent or do I need a property release?

I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... Read more »

Robert E. Wasserman
PREMIUM
Robert E. Wasserman
answered on Jan 24, 2023

Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S.... Read more »

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1 Answer | Asked in Intellectual Property and Trademark for Utah on
Q: Can I use the tagline "The Whoniverse, the Multiverse, to infinity and beyond..." in a logo for a travel agency

I am designing a logo for a travel agent that will be used at comic conventions and similar fan experiences to advertise a service that arranges travel to such conventions.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 22, 2023

Although there are trademark registrations for marks including the words WHONIVERSE and MULTIVERSE, use of these words in a slogan should be considered fair use and not infringing as they are generic terms.

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Can I put a copyrighted sticker on a cup to sell if I bought the sticker from the copyright holder?

For example- If I buy a sticker from Disney and I put the sticker I purchased on a cup and I sell the cup would that be legal since I did not make the sticker. I would also be purchasing the sticker legally from them.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 21, 2023

Yes, thanks to the "first sale doctrine" codified at 17 U.S.C. § 109, which provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... Read more »

Q: If I call the cops on someone on my property does the cops the right to search me and my residence?

I smoke weed and some person won’t get off my property harassing me i don’t want the sheriffs if I call them, searching my home and maybe planting something on me.

Dale S. Gribow
Dale S. Gribow
answered on Jan 20, 2023

Based on the facts presented, NO, they could not search you and your home...

unless they have probable cause.

Maybe have a friend with you to verify what happened.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: In a YouTube video, can my nickname be Captain America or would it be copyrighted

Creating a YouTube channel in tourism for Latin Americans visiting USA. Would like to use the nickname Captain America

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 20, 2023

You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... Read more »

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