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Intellectual Property Questions & Answers
2 Answers | Asked in Civil Litigation, Intellectual Property and Small Claims for New York on
Q: I’m NYS, and I was gifted a car, given signed title, and letter

Now they want the car back how can I transfer the title

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Aug 3, 2021

You must draft an agreement and then organize the papers. You would need to file the ownership of the vehicle so that you are not charge for taxes, insurance or others dues related to the car.

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New Mexico on
Q: Hello, I would like to file a patent, I did some searches and only came to this page as the main conclusion.

I have a logo that’s placed on shoe that I would like to patent

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 2, 2021

You are confused. You probably need to file for a trademark. Consult with an attorney.

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Good day! I would like to ask if my idea is something that needs to be patented. I have made a flashcard of the alphabet

Each letter in the alphabet corresponds to an animal and an emotion as well. The illustration on the flashcard shows the emotion on that animal. Example: A is for Ape. Then in the flashcard, it depicts of an ape what is Anxious. B for bear. Then the bear in the picture is brave. C for cat and the... Read more »

Bill Hulsey
Bill Hulsey answered on Aug 1, 2021

This may be a proper subject for a design patent.

Please watch the following YouTube:

https://www.youtube.com/watch?v=WZREm0_THVg

This may help.

Bill Hulsey

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1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Recreating a famous song's melody with autotuned car horns & using it in a famous game trailer - do I need a license?

There will be a moment in the game where the car horns will play a few seconds of a famous melody. I'm not sure what license I need since this is not a cover, or a sampling, perhaps it is an interpolation? I cannot find an answer somewhere else, I would be grateful if you could point me to the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

You probably do.

Check with the author or company distributing the content.

Check if they have a licensing department.

Best luck

1 Answer | Asked in Gaming, Intellectual Property, Patents (Intellectual Property) and Trademark for California on
Q: Are name variations of already existing companies legal?

I had an idea for a company that similarly operates in the same way as AirBnB. But it relates to Dungeons & Dragons, called AirD&D. The basic premise of the company would be that people could post locations that can be rented out for single or ongoing campaigns or game sessions that are... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

Maybe, depends

You need to have a consultation with an attorney

In general if the marks are in related areas, there may be a conflict

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: This is our grandfather and we are getting zero royalties from any of his patents.

Please ask in person or on the phone.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 25, 2021

Consult with an attorney.

It will depend if your grandfather licensed or assigned his rights.

Also patents expire, so if it was long time ago, it is natural that the royalties stopped.

2 Answers | Asked in Criminal Law, Domestic Violence, Intellectual Property and Landlord - Tenant for California on
Q: Last night my boyfriend, 19, got into an argument with his dad. His dad told him to get out or he’d get his gun.

He pays rent as well, and his dad gave him absolutely no warning, but as soon as he said he was getting his gun, he went upstairs and we left as quickly as we could. He didn’t give him the opportunity to take any of his personal belongings, which he owns all of so hopefully his dad won’t touch... Read more »

Joseph Abrams
Joseph Abrams answered on Jul 25, 2021

I'm not sure kind of legal advice you are looking for? If you're concerned about an illegal eviction, there may be some novel legal argument to make, which is not my area of practice. If your concerned about threats that were made, you can report them to your local police department if... Read more »

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1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Arizona on
Q: Does a volunteer own the intellectual property they create for a company if no agreement is made saying otherwise?

In the US (specifically Arizona), if you create intellectual property (e.g. website, social media channels and 3rd party sales channels) as a volunteer (I was a volunteer in a business my husband was a co-owner in, I was not paid, wasn't asked to do create the IP nor directed in any way and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 23, 2021

Depends on any communications or agreement.

Most likely any creation would be considered as a gift.

Depending on the value of the creation an attorney can advise you on what to do

1 Answer | Asked in Intellectual Property, Legal Malpractice and Trademark for Florida on
Q: Is it legal to record a movie for personal use from a DVD one owns?

Hello,

I am wondering if it is legal to record (copy a movie to save as .mp4) a movie with VLC that has been legally purchased (first sale) for personal (non-distributed) use. I would not like to retain the original DVD's (as I travel a lot and enjoy the convenience of a digital... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 23, 2021

Depends.

You should consult with an attorney to address your concerns.

4 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Florida on
Q: Do I need a licensing/trademark specialized lawyer?

I'd like to open a DC comics-themed restaurant, do I need to buy a license from them, even though most of the characters are not listed for Hotels and Restaurants?

Adam Ira Skolnik
Adam Ira Skolnik answered on Jul 17, 2021

Yes, as well as corporate and possibly tax. The characters, likeness and their use are currently owned by DC Entertainment which is a subsidiary of Warner Brothers etc..

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4 Answers | Asked in Civil Litigation, Consumer Law, Criminal Law and Intellectual Property for Texas on
Q: Can I use the term "law" in my email address title without being a lawyer? Example: Jason.Smith.Law@yahoo.com.

I am a law student and have an email address with the term "law" in it. I am not a lawyer, however, and have never stated that I am. Is it legal for me to continue to use this email address without being a lawyer? Don't I have speech protections so long as I am not actively trying to... Read more »

Omar Darwich
Omar Darwich answered on Jul 15, 2021

best and easiest way to get a proper answer is to just contact your local state bar's ethics hotline

good luck

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1 Answer | Asked in Business Formation, Business Law, Intellectual Property and International Law on
Q: Is it possible to sign a Licensing Agreement online with US Companies as a US LLC owned by NRA?

Dear lawyer,

I have a US SMLL, I am an NRA(not us citizen nor us resident).

I am an inventor owning a US LLC.

My goal is: via my us LLC I want to file PPA(Provisional Patent Applications) for my ideas to establish “perceived ownership”.

and Try to sign a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 14, 2021

You can sign licensing agreements with anybody you want in the world.

You need to consult with an attorney before taking any actions

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for New York on
Q: Can I use the name of a fictional city from a movie in my book?

The name used in the movie is “Koriko” while I’ll use “Corico City”. The cities won’t be similar in any way. I wanted to use the name to pay homage to the movie, but am worried about copyright infringement. Thank you!

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 12, 2021

Maybe.

Consult with an attorney to search for use of the name and whether there is any registration.

Best luck!

1 Answer | Asked in Intellectual Property for Ohio on
Q: With a faux electrical socket outlet that is explained in (Application #20160276815) does this cover any wall or surface

whereas the invention maybe established has another patent filing or if the patent has been granted for the mentioned patent application would it be an considered an infringment if the method is used on another product?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 11, 2021

Depends, check with an attorney!!!

2 Answers | Asked in Intellectual Property and Trademark on
Q: Can you put famous companies as stickers on a website that sells custom stickers just to show off the product?

I run a custom sticker company and want to show stickers of other companies logos on my site just as an example of what our printers can do. I will not sell the logos obviously, but I want to use them as stickermule.com does. Will I get in legal trouble if I do this?

Omar Darwich
Omar Darwich answered on Jul 9, 2021

There is something called the Fair Use Doctrine which allows individuals to use another's trademark in its non-trademark, descriptive sense or in its trademark sense to refer to the trademark owner or its product.

With that stated however, your best bet would be to consult with an...
Read more »

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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: How long is a "patent pending" status good for and what happens after this period ?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jul 8, 2021

"Patent Pending " means that an application for a patent has been filed for the particular product, system or method with the United States Patent and Trademark Office (USPTO). The status "Patent Pending " ends with the final disposal of the application by the USPTO, which... Read more »

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Q: How can I find patents filed on my truck?

I have good reason to believe my truck was modified for patents

Omar Darwich
Omar Darwich answered on Jul 7, 2021

You could consult with an attorney.

To be clear you believe your truck had aftermarket parts installed in order to somehow get a patent on the truck?

Q: how to make sure that shoes I'm importing from China to Ontario Canada are not infringing any copyright-patent?

I am talking about shoes that neither have logo of a famous brand nor their design is similar to a famous brand. (but who can be 100% sure that some part of the design is not similar to some brand design out there?!)

how can I firstly avoid infringing copyright and secondly - if it happens... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 7, 2021

You need a legal strategy and you should consult with an attorney for sure.

For one, you could put in your contracts a clause that they guaranty the title to any intellectual property.

Best luck.

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If I was writing a story with a friend and they abandoned/gave up their rights, does it make me the owner now?

A friend of mine and I were both writing a story together with the intent to publish it once we were fully done. I'm aware that this makes us both co-authors to it. However, they decided to give up on the story, transferred ownership of the documents since we were using Google Docs to write... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 5, 2021

To be safer have everything in writing. Consult with an attorney.

2 Answers | Asked in Copyright, Gaming and Intellectual Property for Illinois on
Q: If I want to resell a video game streamers highlights, do I need to obtain licensing from the video game publisher?

If its a case by case basis, what companies require a licensing agreement?

Omar Darwich
Omar Darwich answered on Jul 1, 2021

So you're talking about potential infringement and there are some specific details that need to be discussed.

Your best course of action is to consult with an attorney before making any decisions.

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