Lawyers, Answer Questions  & Get Points Log In
Intellectual Property Questions & Answers
2 Answers | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Plantiff asking for unreasonable money in the name of trademark infringement & consequences if seller is outside USA

These days people are making money not by selling products but by filling case against small level dropshipping store in the name of trademark infringement. Platform like Ebay and amazon neither send any warning nor a solution to the seller once the case is filled. On the other hand plantiff ask... Read more »

Linda Liang
Linda Liang answered on Oct 30, 2021

If the trademark is not yours and you do not know of the alleged infringement of trademark, you should not be liable. You should at least hire an attorney to stop them from suing you. Even defending should not be expensive. They can ask what they want. What they can get it is another story. I would... Read more »

View More Answers

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for Florida on
Q: My dad an stepmother bought a piece of property together some years ago,she wanted to build a house on it.

My dad didn't want to put any money in the house to be built,so he did not. About 2yrs went by an my father took a nasty fall down the balcony stairs one night an now he has neurological problems an of course on medication. One evening i looked up the property an it use to be in both there... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 28, 2021

It wouldn't be your "inheritance" until he were to die. But you could talk to an attorney about possibly becoming his guardian and asking that the deed be set aside.

1 Answer | Asked in Business Law, Government Contracts and Intellectual Property for Colorado on
Q: Does my company own the right to my licenses?

During the course of my employment with my current employer I uptained my professional engineer (PE) license. I paid for all classes, books, exams out of my pocket. I even took paid time off to take the exam. My company really wants to use this license on their proposal work in order to win more... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 27, 2021

The company does not have the right to use your property without your permission. Get your request in writing and then if they don't comply within 10 days go get a lawyer.

Also, if you're a W2 employee and you were told you would receive a pay increase and you didn't file a...
Read more »

1 Answer | Asked in Copyright, Civil Rights, Intellectual Property and Internet Law on
Q: Can I sue someone for illegally redistributing my product(closed source) without my permissions.

the guy shared the source code of my product to a competitor which should count as a damage, and I have screenshots of him admitting that he illegally redistributed the code. And I banned redistribution in my terms of sale

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 25, 2021

Probably. It depends on several factors including your terms and conditions of sale.

Consult with an attorney.

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: As a song author, how can I protect a song without having to initially copyright it?

Fees to copyright songs have risen greatly. While one can copyright a batch of songs (10) to save on fees I am looking for an alternative. As a song author, how can I protect a song without having to initially copyright it?

If the interest was to be had in a particular work I'd... Read more »

Linda Liang
Linda Liang answered on Oct 22, 2021

Registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

1 Answer | Asked in Intellectual Property for California on
Q: In a few lines, my claim is about photographs I took of an unknown singer back in 1989 in Manchester, UK.

In a few lines, my claim is about photographs I took of an unknown singer back in 1989 in Manchester, UK. Since then xx career has skyrocketed.

He is now worth $120 million. Has a $5 million home in Santa Monica. He has and is using my images embedded in his latest music videos, across all... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 20, 2021

You need to consult with an attorney.

It is key to understand under what conditions and agreement you took the pictures.

1 Answer | Asked in Copyright, Business Formation and Intellectual Property on
Q: Hi, my client has a product they want to bring to market but there is a similar name registered already - 79263156

Is this still in use? It states it has been abandoned - we are UK based. Thanks

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 18, 2021

You should consult with a US attorney. Even a non registered mark can have some rights.

1 Answer | Asked in Intellectual Property for Ohio on
Q: Can I obtain a title of a vehicle left on my property ? The vehicle has been at my house for over 10 years.

I had left my friend borrow 5,000 almost 15 years ago. To ensure they would pay me back he left me with his vehicle that was valued at almost 60,000 back in 2006. He never returned and I have not been able to get ahold of him by phone or by mail. Please advise I am in the state of Ohio. I know I... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Oct 18, 2021

This forum is solely for intellectual property. You will need to contact an attorney who specializes in tangible property.

2 Answers | Asked in Copyright and Intellectual Property on
Q: After paying to access academic research, am I free to reference the data (w/ citation) in my own publications?

A lot of academic journals, articles, etc. are only available to read behind paywalls. If I am looking to reference data, experiments, research, etc. from these resources in a digital publication can I do so freely? Moreover, can I/my organization still claim copyright/IP over the new publication?... Read more »

Thomas James
Thomas James answered on Oct 17, 2021

If it is strictly information that you would be passing along (as distinguished from copying the expression of it), then you wouldn't have a copyright problem. You might, however, have a breach of contract problem if your use of the website or the information published there violates the... Read more »

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: hi i was inquiring about if a patent is already out about something that i made at home then saw something similar to it

ear straps for a binky for babys attached to the side wholes of the binky. i would like to actually create something like this and see its already out but wanted ,ore information on it. i saw clips that you clip onto the binky but i was to have mine built in and mass produce. can you help me please?

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Oct 13, 2021

You will need to contact a patent attorney to determine if your product would infringe on a patented product. Perhaps the patent you saw has already expired or no longer valid, but there may be other patented products that you may be at risk of infringing. It is important to determine the... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Do patents cover all designs or does it cover the entire concept?

I am being accused of copyright infringement by a company because we make the same product but in different ways. We both make hock socks (protective socks for rabbit's feet) The other company makes them with 3 different fabrics a solid toe and velcro or button around the ankle. I make mine... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Oct 8, 2021

Patents cover the invention that is described in the claims of the patent. A patent may indeed cover all hock socks, or it may cover just a very specific type of hock socks. Without knowing more, we can't really tell you.

Given that you've been contacted by the patent...
Read more »

View More Answers

Q: "fair use" Example: I make a cake to sell and hand draw an NFL logo on it. Can I post a picture on instagram?

I am trying to understand fair use and social media. If I were to make an edible product and hand create in icing an image of a trademark such as an NFL logo, video game character, or other trademarked image can I put the image of my final product on instagram? I am not selling the exact edible... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Oct 6, 2021

No. You shouldn't do that. It would be difficult to argue that what you are describing is fair use.

Some people selling trademarked products do not get caught, say, when they sell their products at a neighborhood picnic, but NFL has lots of people making sure that their trademarks...
Read more »

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Copyright Infringement

A well known British singer living in Santa Monica. They are using my US copyrighted Office photographic images I took of them before they became famous in 1989 in music video's plus at least in 2 books and across all platforms. The image is also embedded in their music video which is all over... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 5, 2021

You might have a claim for copyright infringement. I've handled a similar case in federal court involving the unauthorized use of photographs of models. You need an attorney to research the cause of action and make a formal demand, at the very least. I am very interested in the case. Feel free... Read more »

1 Answer | Asked in Intellectual Property, Probate and Social Security for Puerto Rico on
Q: My father past away. No will. 3 heirs.I lived with dad past 13 yrs and I'm on dialysis. Estate in PR.What are my right.

I don't want to sell but my heirs do. My brother owes $40,000 in child support reason for his need to sell my sister really don't care about the house. Plus I'm in process of getting 75% of dad's social security benefits I'm on dialysis for life and I'm in peace living... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 30, 2021

First off, I'm assuming that your father passed away in Puerto Rico. Although you state that he did not grant a Last Will and Testament, this fact should be confirmed through the Office of Notary Inspections ("ODIN", by its Spanish acronym). We must also verify that a Declaration of... Read more »

1 Answer | Asked in Contracts and Intellectual Property for Texas on
Q: This patent was invented by my father. He is deceased. What happens to the patent?

His old job “Circuit Image Systems” is shown on the patent but they seem to be closed. John Leon is co inventor and I cannot find him.

Kathryn Perales
Kathryn Perales answered on Sep 29, 2021

If you are referring to patent 6445969, inventors Jim Kenney and John Leon, this patent has expired and is now in the public domain. If you look it up on Google patents, you can see the details.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: What is IP/patent ownership assignment when filing a patent application?

I submitted a good patent with my *previous* company. And now as a part of filing, they sent me an "assignment" PDF file to sign which is odd to me and I never had an experience with signing such a file (I was going to sue the company so I'm a bit suspicious about their request).... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 29, 2021

Basically they want you to give them the patent.

Depending on your employment contract they may have rights to it already.

Consult with an attorney.

1 Answer | Asked in Business Law and Intellectual Property for Florida on
Q: I own an LLC and my partner's breached their fiduciary duties and are demanding assets that will result in layoffs...

I own an LLC (65% share), and my two business partners (35% share - they invested prior to joining as manager-members if that matters) decided to start a competing company while still a manager-member of my company while before it was dissolved. This new company they formed is 100% direct... Read more »

Jane Kim
Jane Kim answered on Sep 25, 2021

I’m not sure it is possible to answer this question intelligently due to insufficient facts. How are they member-managers if there’s no operating agreement? And you’re right, fiduciary duty would attach to member-managers. You need to retain a business lawyer to get into the facts in order... Read more »

1 Answer | Asked in Intellectual Property for Michigan on
Q: ex put glitter all over my property

she brought back my sweatshirts and she put a huge amount of glitter in them and made glitter spill on my apt floor

Brent T. Geers
Brent T. Geers answered on Sep 24, 2021

Make a police report if you'd like. Otherwise, wash the sweatshirts, vacuum the floor, and vow to never deal with this woman again.

1 Answer | Asked in Civil Litigation, Construction Law, Intellectual Property and Small Claims for California on
Q: What is the law regarding replacing sentimental property that is damaged in the state of California

I had a leak in my ceiling in the apartment I rent. They rushed me out put me in another apartment but they damaged a lot of my property and a lot of it with sentimental value including an airplane propeller that my ex-boyfriend UPS to me when I got my bachelor's degree from flight school he... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

This would not be an intellectual property question, but there's not really a law in regards to this. This would be more appropriately a question for the insurance company that was used to fix the ceiling. As far as I know though, most insurance companies don't give any additional value... Read more »

2 Answers | Asked in Intellectual Property for California on
Q: Would a website with a brand name in its domain infringe if it linked to sites offering services similar to that brand?

For example, would the domain name degoogle.com infringe on Google's trademark if the website at that domain displayed affiliate links to more private alternatives to Google's services, such as email, online documents, etc.?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 22, 2021

Yes it would.

Consult with and Attorney.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.