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Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: I plan to register a copyright for a book in the name of an LLC I recently formed. Is there any downside to this?

The LLC will be listed as the copyright claimant and the author of the work. Thanks in advance!

Erik Špila
Erik Špila
answered on Oct 5, 2022

If the executive director of the company changes, he can decide to transfer it to someone else. However, in most of the jurisdiction the legal person can not be an author, so you should check whether it is possible or not, as there is an assumption that even though company can own the rights to the... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Texas on
Q: Is it legal to create a website on the topic of quotes? I'm thinking of starting a quotes site, with curated content.

The website would specifically be ALL about quotes. Inspirational, motivational, etc.

Erik Špila
Erik Špila
answered on Oct 3, 2022

Many websites use same concept and they always state the author of the sentence. This should be legal in most of jurisdiction throughout the world. However do not cite large portions of texts from the books.

1 Answer | Asked in Entertainment / Sports, Intellectual Property and Trademark for Ohio on
Q: Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors?

Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different.

Joseph Jaap
Joseph Jaap
answered on Sep 30, 2022

The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I get my handmade wire wrapped jewelry art protected by design by copyright or trademark
Erik Špila
Erik Špila
answered on Sep 29, 2022

In most cases, you can use all of them to get maximum protection. Each of these protect something different. At first you should perform trademark/design search to make sure there are no-conflicting prior rights and then decide what strategy suits you best.

If you need any further advice...
Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Hey,if a pattent in worldwide applications has only "US" and its not mine- could I sell the product in EU?

The product has been patented in US few years ago, but it doesnt have in "Worldwide applications" nothing more than US. Could I then sell this product on my own brand in Europe?

Erik Špila
Erik Špila
answered on Sep 28, 2022

You should first check if there is not such patent registered on regional/national level in the EU or in the EU member states. For this I highly recommend performing patent search with patent attorney.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Does a US method patent protect the domestic sale of foreign-made-goods constructed via the US-patented method?

I think I have a novel method of manufacturing a category of widgets. The method will make manufacture cheaper and faster for a subset of these widgets (but not all). My target audience for these widgets is within the US. Each individual widget could receive its own utility patent, but it... Read more »

Erik Špila
Erik Špila
answered on Sep 28, 2022

Dear Mrs or Mr,

in your described case, I would say that as the patent is the territorial right that you would be protected in the territory of the U.S. However I am an IP lawyer in EU, so I am taking into account the principles of IP law and my legal knowledge. So in order to be sure about...
Read more »

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1 Answer | Asked in Copyright, Entertainment / Sports, Gaming, Intellectual Property and Trademark on
Q: if I were to post videos online of a group playing a tabletop game based on copyright material could I be sued?

if I were to post videos on youtube of me and some friends playing tabletop RPG based around copyrighted material (pokemon) could I be sued for copyright infringement and could I monetize it without legal repercussions?

Thomas James
Thomas James
answered on Sep 26, 2022

This response is based on U.S. copyright law. Laws in other jurisdictions may be different.

While game rules are not protected by copyright, the manner in which they are expressed might be. Images (artwork, drawings, photographs, etc.) generally are protected by copyright. Names of games...
Read more »

1 Answer | Asked in Intellectual Property for North Carolina on
Q: I am interested in writing a screenplay on F. Scott Fitzgerald's short story, The Offshore Pirate. Is it public domain?
Erik Špila
Erik Špila
answered on Sep 22, 2022

Yes, this work should already be considered as in public domain as it was published in 1920.

1 Answer | Asked in Intellectual Property for California on
Q: Im not sure how to make sure my intellectual property does not get stolen, they may have connections in creating my idea
James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

I believe you've asked similar questions on Justia. As stated before, more information is needed. What can be said, based on what you've provided, is that you should speak with an IP [Intellectual Property] attorney in your area. [I litigate cases. Anything posted here must not be... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Both Netflix and Google have violated my USPTO registered TM. Are you able and willing to fight these behemoths?

I have a good case against both Google and Netflix with much documentation and screenshot images. Netflix uses my name on their cartoon, Bojack Horseman, where they've placed it on the marquee of an abortion clinic slurring my registered USPTO TM. They call it "freedom of expression"... Read more »

Sergiy M Sivochek
Sergiy M Sivochek
answered on Sep 19, 2022

These types of questions are always very complex and fact-specific. And there are always many gray areas. Before any reasonable attorney can tell you whether they are willing to fight Google and Netflix on your behalf, there are MANY additional questions that will need to be asked and answered, and... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: I am within my legal rights to use a modified version of the coppertone logo freely? I would be making money off it.

Am I allowed to use an image of a girl and dog, deliberately meant to resemble the coppertone ads of the 1960s, as a logo for my band?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Sep 19, 2022

Deliberate copying or modification of someone else's image may constitute willful copyright infringement with serious consequences, especially if done for financial gains. You would be well-advised to carefully discuss your specific plans with an experienced intellectual property lawyer... Read more »

1 Answer | Asked in Intellectual Property and Internet Law for Arizona on
Q: GoDaddy Domain Issue

Our company owns a domain called <name disclosed> which serves as an online shop and has generates several hundreds of thousands of USD in sales.

Our domain was registered with GoDaddy.com years ago.

On Thursday, 15th September 2022, I called Godaddy explaining to them that I... Read more »

Erik Špila
Erik Špila
answered on Sep 16, 2022

Dear Mrs or Mr,

yes, filing a lawsuit against the company would probably be possible, but I strongly advice you to consult it with an attorney at law so he can check all the details and analyse the situation. By doing this, you will have better understanding of your chances in this case.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: Can a patent that was abandoned be patented again by one of the inventors?

Publication number: 20040002883

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Sep 14, 2022

If there's a new improvement to it that is patentable, there may be an opportunity for a new patent application. However resubmitting an old application as-is that's already published, with nothing more, generally won't work.



I am a registered U.S. patent...
Read more »

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: Can a patent that was abandoned be patented again by one of the inventors?

Publication number: 20040002883

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 14, 2022

For patents, no.

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2 Answers | Asked in Copyright, Gaming and Intellectual Property for Michigan on
Q: Is it illegal to make content using video game footage/pictures?

I want to make video game content like YouTube videos or screenshot pictures. Like game playthroughs or something. I also want to be able to monetize somehow, like with ads, affiliate marketing, or linking to Patreon.

But I'm worried about getting in trouble with copyright or getting... Read more »

Erik Špila
Erik Špila
answered on Sep 13, 2022

Dear Creator,

thats a very interesting question and I will gladly try to answer it.

At first, in general, it is legal to create a gameplay videos from video games and post them on youtube and then monetize your channel. There are some circumstances when this does not apply such as...
Read more »

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Q: WHAT IF I SOMEONE HAS STOLEN MY SCHOOL PROJECTS FROM "96-09" AND HAS FILED AND OBTAINED PATENTS ACCORDINGLY?

ITS PRETTY DEEP. FROM BLUETOOTH TECH, AUDIO CONVERSIONS, AND BLOCKHAIN IN RELATIONSHIP TO DNA.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 8, 2022

You still have copyright protection. You may not have patent protection depending on more factual circumstances of your case.

1 Answer | Asked in Intellectual Property on
Q: the Trade mark Oral Xcel is abandoned we use for ane product Oral Xcel see oral-x.com. can we apply /reinstate?email -
Erik Špila
Erik Špila
answered on Sep 1, 2022

Dear Mr or Mrs,

yes it is possible to file a new trademark even though the previous one, which was similar/identical, was abandoned.

However you will need to go through the whole process of trademark registration from start.

1 Answer | Asked in Intellectual Property for Illinois on
Q: I pitched an idea for a software platform to a large local company around the year 2000. The company was extremely

interested before suddenly cutting off communication with my company. I now work for this large corporation and was recently called into a meeting where I saw the product I had pitched had been fully implemented internally. I have zero proof. Do I have an IP case?

Erik Špila
Erik Špila
answered on Aug 23, 2022

Dear Mrs or Mr,

your case would be very hard as the burden of proof lies on your shoulders as you would be in position of plaintiff. Also the time (20 years) is quite a lot and making situation harder as you did not try to patent or protect differently this idea of yours.

Maybe you...
Read more »

1 Answer | Asked in Intellectual Property and Real Estate Law for New York on
Q: Hello, My mother died in 1987 and owned two properties prior to death. One in Corning, NY and the other lake property

I have not seen the Will but according to court documents, the property was named the Mourhess Family Trust and my brother was named as the Trustee. Before my mother died (she was in ill health) she sold both properties to my brother for $1 total, without me knowing about it. After she died, my... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 23, 2022

From 1987? No there is nothing you can do.

1 Answer | Asked in Intellectual Property on
Q: I need to save a patent of an invention by a non-US researcher

saved in Tunisia's copyright and inventions' company INNORPI and I would like to sell it

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

yes, the patent owner can sell the patent with contract between him and the new owner.

However some countries require you to register such agreement in te local Intellectual Property Office.

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