If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
answered on Dec 28, 2023
Yes, the owner of the patent can still sue. There is a rule that if a product has a device patent and does not mark the product with the patent number or a web site with the patent numbers, then the owner forfeits damages up to the point that the notice is given (often the filing of the law suit).... View More 
If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
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answered on Dec 28, 2023
This is covered by Federal law 35 USC 287.
The law limits the patent holder's ability to recover for past patent infringement damages to the first point in time when the infringer was notified about the patent. By contrast, by marking the product, the infringer is legally assumed to... View More
If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
answered on Jan 4, 2024
In the U.S., proper marking requires a manufacturer to mark the patented product with the word “Patent” or abbreviation “Pat.” followed by a listing of the applicable patent numbers. The marking should not be concealed, and it should be easy to read.
To virtually mark a product, a... View More
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answered on Dec 7, 2023
To determine if "Long Island Honey Company" is trademarked, you would need to search the United States Patent and Trademark Office (USPTO) database. This can be done through the Trademark Status and Document Retrieval (TSDR) system available on the USPTO website. You can search by the... View More
answered on Jan 4, 2024
If you are interested in this name for your company you should contact a Firm specializing in trademarks and Intellectual Property. Whether or not "Long Island Honey Company" is registered is not the end of the inquiry.
A Registered Patent Attorney or specialized trademark... View More
Seeking quick comment on man trying to TM phrase "From the River to the Sea"
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answered on Nov 24, 2023
For a journalist seeking a quick chat with a patent attorney regarding the attempt to trademark the phrase "From the River to the Sea," it's important to note a few key points.
Firstly, trademark law primarily concerns itself with the use of specific phrases, symbols, or... View More
Seeking quick comment on man trying to TM phrase "From the River to the Sea"
answered on Nov 24, 2023
Two trademark applications were filed on November 8, 2023 and November 17, 2023, both by
River to the Sea LLC LIMITED LIABILITY COMPANY NEW JERSEY 330 Changebridge Road Suite 101 Pine Brook NEW JERSEY 07058... View More
In 2017 Activision didn't renew a licensing deal they had with Marvel so they had to take down all of their Marvel games they had published. So I wanted to know if it would still be illegal to download any of those games through a website even though there is no possible way to get those games... View More
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answered on Nov 18, 2023
Whether a company has renewed a licensing deal or not, it is still illegal to pirate a game. The expiration of a licensing deal, such as the one between Activision and Marvel, affects the company's ability to sell or distribute the game, but it does not affect the copyright status of the game.... View More
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answered on Nov 17, 2023
Yes, you can trademark your music group's name even if it's already trademarked in other, non-music-related industries. Trademarks are generally industry-specific, meaning the same name can be used in different industries without issue, as long as there's no likelihood of consumer... View More
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answered on Nov 29, 2023
Yes, you can trademark your music group's name even if it is already trademarked for other companies in non-music-related industries. Trademarks are granted within specific classes of goods and services. If your music group's name does not conflict with existing trademarks in the music... View More
I am filling out a USPTO TEAS form on behalf of a restaurant that sells food (restaurant and catering services). Would the class be 43 or would I need to be more specific with a term ID like 043-165 for restaurant and catering services.
Thank you.
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answered on Nov 13, 2023
When filing a USPTO TEAS form for a trademark in the context of a restaurant that provides both restaurant and catering services, Class 43 is indeed the appropriate classification. This class broadly covers services related to the provision of food and drink, which typically includes restaurants... View More
What if a business has a similar name to yours but isnt trademarked? I want to trademark "ali law associates" however, there are is another business called "ali law group" that is not trademarked (they are also in the same state). since they aren't trademarked first, would... View More
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answered on Nov 13, 2023
In the scenario where you want to trademark "Ali Law Associates" and there's an existing business named "Ali Law Group" in the same state, the absence of a formal trademark on the latter does not automatically ensure that you can trademark your business name.... View More
The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More
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answered on Nov 4, 2023
If you purchased a digital product like a game or an art book, the terms of the sale, including any End User License Agreement (EULA), will typically govern what the seller can and cannot do after the purchase. Many digital products come with licenses that allow the company to update or alter the... View More
I have an application that scrapes web articles across different news sources. Using an AI model that I've developed, I summarize the article and display these article summaries, along with a hyperlink to the original article, a reference to the publisher (i.e. CNN or Fox) as well as the... View More
answered on Oct 18, 2023
Hello. Thank you for your question. Our patent law firm (www.bell-iplaw.com) handles AI applications and I would suggest you contact us about this. Your AI application is potentially novel and patentable. That is where the potential revenue and profit lies. You MAY have copyright claims to the... View More
I have an application that scrapes web articles across different news sources. Using an AI model that I've developed, I summarize the article and display these article summaries, along with a hyperlink to the original article, a reference to the publisher (i.e. CNN or Fox) as well as the... View More
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answered on Oct 18, 2023
While you've made transformative changes using your proprietary technology, there are legal considerations to be aware of. The act of scraping content from other websites can raise issues, especially if those sites have terms of service prohibiting such actions. Additionally, even though you... View More
I have an application that scrapes web articles across different news sources. Using an AI model that I've developed, I summarize the article and display these article summaries, along with a hyperlink to the original article, a reference to the publisher (i.e. CNN or Fox) as well as the... View More
answered on Oct 19, 2023
A: Hello. Thank you for your question. Your AI application is potentially novel and patentable. That is where the potential revenue and profit lies. You MAY have copyright claims to the summaries produced. These are considered "derivative works" but the original copyright holder would... View More
I want to find out if I could use the device to expand on the design and technology in it more so to future proof it and lessen environmental effects on the planet from landfill pollution of electronics.
answered on Sep 25, 2023
Harman owns many patents. Typically, if someone has one or more patent(s) on a particular product, that product (or its packaging or labeling) will list the patent number somewhere (or else will identify a website that does), because the owner of the patent(s) cannot collect damages for... View More
I want to find out if I could use the device to expand on the design and technology in it more so to future proof it and lessen environmental effects on the planet from landfill pollution of electronics.
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answered on Sep 28, 2023
To determine whether there are any current or expired patents related to this device, you should conduct a patent search using the relevant patent databases or consult with a patent attorney who can assist you in obtaining the necessary patent information for your specific purposes.
I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?
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answered on Sep 25, 2023
A lot will depend on whether your modified protocol is legally "obvious" or not. Here, the legal question is if the modification would appear apparent to a person of average skill in the art (here, "average skill" in biotech is Ph.D. level).
If you did something unusual... View More
I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?
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answered on Sep 28, 2023
Yes, it is possible to patent a modified protein production protocol, even if it has not been previously used for that specific protein but has applications for others. To be eligible for a patent, the modified protocol should be novel, non-obvious, and adequately described in the patent... View More
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