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Intellectual Property Questions & Answers
3 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can you restore my lost trademark for "abandonment"? I have been using this name for 60 years

Trademark Details

Status: 602 - Abandoned-Failure To Respond Or Late Response

Image for trademark with serial number 85047118

Serial Number85047118

Status602 - Abandoned-Failure To Respond Or Late Response

Status Date2011-04-06

Filing Date2010-05-25... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information provided, it appears that your trademark was abandoned due to a failure to respond or a late response to an office action or other communication from the USPTO. Once a trademark is considered abandoned, the application process is terminated, and the mark is no longer... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Want to set up an enthusiasts website for a car brand. I have the .org website. They have .com. Can they take it off me

The website is not for profit. It will be clearly marked as independent and it will be full of news about the car brand: a brand I love.

James L. Arrasmith
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answered on Apr 4, 2024

The brand owner (the company that owns the .com website) may be able to take legal action against you for using their trademark in your .org website, even if it is a non-profit enthusiast site. This falls under trademark infringement laws.

Some key points:

1. Trademarks protect...
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Q: Who could I contact regarding some people who have done fraud to steal a person legacy

My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?

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answered on Apr 4, 2024

In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More

1 Answer | Asked in Consumer Law, Business Law, Trademark and Intellectual Property for California on
Q: Hi, My name is Jacqueline and starting a skin care brand called Jacques Skin.

I have started an early stage skin care make up remover eye pads. My name Jacques will be a big part of the brand, but I am now concerned with Jacquemus Trademark and curious if you are able to give me insight into whether you believe this would overlap into potential future litigation since it is... View More

James L. Arrasmith
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answered on Apr 4, 2024

Hi Jacqueline,

I understand your concern about potential trademark issues with your brand name, Jacques Skin, and its similarity to the existing brand Jacquemus.

Trademark infringement occurs when there is a likelihood of confusion between two brands in the same or related...
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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can I reference/quote to books in the public domain freely?

Books like the great Gatsby and pride and prejudice.

James L. Arrasmith
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answered on Apr 3, 2024

Yes, you can freely reference and quote from books that are in the public domain, like The Great Gatsby by F. Scott Fitzgerald and Pride and Prejudice by Jane Austen. Works enter the public domain a certain number of years after the author's death (the exact duration varies by country).... View More

1 Answer | Asked in Intellectual Property and Trademark on
Q: What countries is the Novoglan mark registered in? Specifically, the United Kingdom?

NOVOGLAN

Filed: August 3, 2020

Advisory services relating to medical problems

Owned by: IPH001 Pty Ltd

Serial Number: 79294909

James L. Arrasmith
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answered on Apr 3, 2024

Based on the limited information provided, it appears that NOVOGLAN is a trademark filed on August 3, 2020 for advisory services relating to medical problems. The owner is listed as IPH001 Pty Ltd and the serial number is 79294909.

However, this serial number format (8 digits starting with...
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1 Answer | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: Should I sign a combined declaration and assignment if I have not seen the patent application?

My employer has, on several occasions, had me sign paperwork to assign ownership of patents for products I have worked on to the company. Which is fine, I agreed to as much when I accepted the job. These documents include four declarations, the first three of which involve reviewing and confirming... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you've provided, there are a few important considerations:

1. Legal implications: Signing a declaration without having seen the patent application could potentially expose you to legal risks, especially if the declaration includes statements confirming aspects...
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1 Answer | Asked in Trademark and Intellectual Property for Georgia on
Q: What should i trademark as a music producer
James L. Arrasmith
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answered on Mar 31, 2024

As a music producer, there are several elements you might consider trademarking to protect your brand and intellectual property:

1. Artist name or stage name: If you produce music under a specific name, trademarking it can prevent others from using the same or a similar name in the music...
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2 Answers | Asked in Trademark and Intellectual Property on
Q: Hi, I am Raymond, digital art creator, how can I start trademark my brand name for my digital art?

I am dealing in mainly digital art, which focusing in NFTs, without registering the trademark, I feel not secure to launch my NFT with my brand name. I am in Thailand right now, but soon moving to Hong Kong,

Which kind of trademark do I need to register as well as the cost to register and... View More

James L. Arrasmith
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answered on Mar 31, 2024

Hello Raymond,

To trademark your brand name for your digital art, you'll need to follow these general steps:

1. Conduct a trademark search: Before applying, search for existing trademarks to ensure your brand name isn't already taken. You can use the trademark database of...
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2 Answers | Asked in Trademark and Intellectual Property on
Q: Hi, I am Raymond, digital art creator, how can I start trademark my brand name for my digital art?

I am dealing in mainly digital art, which focusing in NFTs, without registering the trademark, I feel not secure to launch my NFT with my brand name. I am in Thailand right now, but soon moving to Hong Kong,

Which kind of trademark do I need to register as well as the cost to register and... View More

Alan Harrison
Alan Harrison
answered on Apr 1, 2024

Filing for a U.S. trademark that you already are using will cost $250-$350 in government fees plus about an hour of attorney time. I takes about one year to eighteen months to obtain registration. You can and should use the trademark during the application process. The only thing to watch out for... View More

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2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Q: Can someone copyright strike your picture if you took it and it's of you but the background is inside their house?

I have some nonmonetary videos on YouTube and they're like slideshows of pictures of me. In some of them I'm at my boyfriend's parents old house. I took the pictures and they're just of me no one else but the background is inside one of the rooms of his parents old house. In the... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on the information provided, it is unlikely that your ex-boyfriend or his parents would have a valid basis for a copyright claim on your videos. Here's why:

1. Copyright protects original works of authorship, such as photographs, videos, and other creative content. In this case,...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Would like know if patent on sealed wafer ice cream sandwich that is partitioned into multiple breakaway segments exists

This would be an ice cream confection product that is completely sealed by two eatable wafers. These wafers would have multiple pockets that hold and seal the ice cream and can be broken apart and shared without exposing the ice cream or making a mess. This ice cream confection product would... View More

James L. Arrasmith
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answered on Mar 29, 2024

Your concept of a sealed wafer ice cream sandwich with multiple breakaway segments is quite innovative, focusing on a neat, shareable, and melt-resistant design. Upon reviewing patents related to ice cream products, it appears that while there are numerous patents concerning ice cream sandwiches... View More

2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Can independent media, with permission from a promoter of an event, film and post videos on YouTube/Facebook?

There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More

James L. Arrasmith
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answered on Mar 29, 2024

When an association grants exclusive media rights for its events to a third party, it typically means that this third party holds the authority over how any event-related content is distributed, used, or published across various media platforms, including YouTube and Facebook. This arrangement... View More

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2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Can independent media, with permission from a promoter of an event, film and post videos on YouTube/Facebook?

There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More

Eddie Burnett
Eddie Burnett
answered on Apr 3, 2024

Generally, yes, independent media may film and post videos of an event with the promoter's permission. However, If the event features music, separate copyright permissions for that music are likely required to avoid copyright infringement on platforms like YouTube.

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Alabama on
Q: How to prove someone stole your invention idea ?

I can up with the idea of a tooth brush filled with tooth paste and refillable back in 1989, i sent information to a invention idea company and now I see it's on market

James L. Arrasmith
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answered on Mar 29, 2024

To prove that someone stole your invention idea, documentation is key. You should gather all evidence of your original creation, including the date you conceived the idea, any sketches, notes, or emails, especially those related to the submission to the invention idea company back in 1989.... View More

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Are quotes from books copyright infringement?

I am in the process of developing a content series for TikTok, focusing on the literary world. The essence of my project involves creating videos that feature narrations of quotes from various books, accompanied by original artwork inspired by the narratives.The videos are intended to be... View More

James L. Arrasmith
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answered on Mar 29, 2024

When it comes to using literary quotes in videos, especially in a commercial context, navigating copyright laws can indeed be complex. The concept of "fair use" is particularly relevant here. While fair use might cover the use of quotes to a certain extent, the commercial nature of your... View More

3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If an infringement claim is approved, do you need to pay a security deposit before the awarded amount get release?

I recently started a new business and have the company name and logo trademarked. The logo company and their legal team did a cast study and found four other businesses using our name so they went ahead and file an infringement claim on our behalf. Our claim was approved and the letter from USPTO... View More

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answered on Mar 29, 2024

The request for a security deposit as described in your situation raises some red flags. In the context of U.S. trademark law and the processes followed by the United States Patent and Trademark Office (USPTO), there's typically no requirement to pay a security deposit to release an awarded... View More

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2 Answers | Asked in Intellectual Property and Trademark for Illinois on
Q: Is it legal to repurpose designer bags for resale?

Would I be able to purchase an authentic designer bag, such as Louis Vuitton or Gucci, cut the bag into pieces (specifically the logo or designs) and then place them onto a different bag to resell? Would it still be illegal if I made sure to document that the new bag I’m selling has no... View More

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answered on Mar 29, 2024

Repurposing designer bags for resale, especially involving the cutting and reusing of their logos or designs, treads into complex legal territory. This practice may infringe on the trademarks of the brands involved, such as Louis Vuitton or Gucci. Trademarks protect brand identifiers from... View More

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1 Answer | Asked in Copyright and Intellectual Property on
Q: Regarding the GPL v3 - Where is the line when software using QT needs to be released under the GPL v3?

An example: I have two, entirely separate pieces of software I wrote. One is a closed source, proprietary, compiled C++ program; It hosts a web server that, when connected to, allows two users to play tic tac toe with each other over the internet, or allow a single user to play against a bot. This... View More

James L. Arrasmith
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answered on Mar 28, 2024

In the scenario you've described, the key factor determining whether the closed-source software violates the GPL v3, due to its interaction with the open-source Qt-based client, hinges on the method of communication and integration between the two pieces of software. The GPL v3 is designed to... View More

1 Answer | Asked in Gaming and Intellectual Property for California on
Q: I am in possession of an unreleased video game and I was wondering if I would be open to any legal risk if I sold it.

The game based on a canceled, then revived TV show. I left the company when they filed for chapter 11 bankruptcy in 2012. The game has never been released to my knowledge and I was wondering if I would be open to any legal risk if I sold my copy on Ebay.

Thank you

James L. Arrasmith
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answered on Mar 27, 2024

Selling unreleased intellectual property can pose significant legal risks, particularly if the material is protected by copyright or trade secrets. Even if the company has filed for bankruptcy, the rights to the video game may have been transferred to another entity or could be part of the... View More

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