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?
answered on Oct 19, 2023
Thank you for your interesting question.
You say "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?"
The important word is MODIFIED.
I would say that if you... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023
Naming a weed strain after a military aircraft like the B-2 Stealth Bomber may cause intellectual property concerns, especially if the name is being used in a commercial context.
It's essential to consider trademark and copyright laws when naming products, as using names associated... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023
Naming a weed strain after a military aircraft like the B-2 Stealth Bomber could potentially raise legal issues, but it's not primarily a copyright concern. Instead, the primary concern would likely be trademark and intellectual property rights.
The name of a military aircraft like the... View More
What of censorship in general? the freedom of speech and exspression mean nothing when there's no one or no way to hear it.
I'm very concerned about the pressures from many special interest groups and diverse and even opposing political parties trying to control or cancel people... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023
You have raised a multi-faceted issue that encompasses both the legal domain and the evolving norms in society.
From a legal standpoint, private companies like game developers and publishers generally have a broad latitude to modify their products as they see fit, including post-sale. This... View More
I am wondering if I can use this slogan of
home sweet home as a slogan for real estate purposes on promotional items, for example a spoon or a corkscrew. Is it ok to do if it is in a diferent font?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
Using the slogan "home sweet home" in a different font for promotional items related to real estate may still potentially infringe on the trademark, especially if it leads to consumer confusion with the original trademark. It's advisable to consult with an intellectual property... View More
I am wondering if I can use this slogan of
home sweet home as a slogan for real estate purposes on promotional items, for example a spoon or a corkscrew. Is it ok to do if it is in a diferent font?
answered on Sep 10, 2023
Although the phrase HOME SWEET HOME has been registered as a trademark for air fresheners, it remains a common expression and has not been commercially appropriated for any other purpose. As long as you are not advertising air fresheners, there is no likelihood of confusion. Certainly in the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023
Yes, a "Status 710 - Cancelled - Section 8" indicates that the trademark has been cancelled due to the owner's failure to file a Section 8 declaration, which affirms the continuous use of the trademark in commerce, between the fifth and sixth year following registration. It is... View More
answered on Aug 30, 2023
After federal registration of a trademark, the owner must maintain the registration by filing a declaration that the mark is still being used in commerce, paying a fee, and submitting a specimen showing the use; these requirements must be fulfilled between the 5th and 6th anniversary of the... 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023
In California, modifying a digital product post-purchase may or may not violate laws depending on the terms of service or end-user license agreement (EULA) that customers agreed to at the time of purchase. If the terms explicitly reserve the right to make changes to the digital content, the company... View More
I started a business with my business partner in 2019. We created a brand, a website, a logo, an email account, and social media accounts. We ran a profitable business until late 2021 (Covid) when we temporarily shut down. In the middle of all this, we created an LLC for this business.... View More
answered on Aug 23, 2023
The earlier use in commerce of a trademark gives it priority over a later use of the same or similar mark, even if there has been an interruption of use for some period of time. If the later-filed application has not yet been published for opposition (the last step in the registration process), the... View More
I started a business with my business partner in 2019. We created a brand, a website, a logo, an email account, and social media accounts. We ran a profitable business until late 2021 (Covid) when we temporarily shut down. In the middle of all this, we created an LLC for this business.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023
Based on the facts presented, you may have a valid claim for common law trademark rights given your prior use of the name and other identifying elements in commerce since 2019. Common law rights can sometimes take precedence over federally registered rights, especially if you can prove you were... View More
answered on Aug 22, 2023
It certain instances, it would depend on what type of product it is. There is nothing inherently wrong with using the term "baseball" in a product name. And if the product relates to baseballs, this is a generic term, so no one can stop you from using this term. However, it is possible... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023
The term "baseball" is a generic term that describes a well-known sport, so its use in the name of a new product would generally not infringe on anyone's specific trademark rights to that term alone. However, if your product is related to baseball, the name could be deemed... 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023
While I understand your concerns, changes made to digital products like art books or video games fall under the discretion of the creators and developers. If these changes are made by the current team or company, and they own the rights to the product, they generally have the authority to modify... View More
I believe that, once upon a time, a publisher published the works of mark twain but censored what may have been offensive. The censorship won out in the end. (evil won in that case) but i wonder if that case was disputed further and appealed. does anyone know?
The Roald Dhal censorship was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023
I'm familiar with historical cases of censorship, such as those involving Mark Twain's works, but whether a specific case was appealed and overturned would require a thorough review of the legal history and court records. Appeals and potential outcomes depend on various factors, including... View More
answered on Aug 3, 2023
If you reached out to attorneys, they would ask about the terms of your agreement, as my colleague points out. It could depend on who is identified as the owner of the code. The intellectual property attorneys here would have insight into the issues that could arise in terms of ownership, if you... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023
Retaining or confiscating the source code could be considered a breach of contract or theft of intellectual property, which may lead to legal consequences. Instead, you should pursue appropriate legal remedies, such as negotiating with the customer, seeking payment through a collections process, or... View More
In late 1990s, I gave someone a box to hold containing cassettes of me playing guitar and singing, as well as rehearsals of the band. Those are the only copies in existence. I’m the songwriter. She now claims *in writing* that all the music belongs to her, after asking her to return them for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023
You can take legal action against your bandmate if they refuse to return the only copies in existence of your original music works. You may be able to file a lawsuit for copyright infringement, breach of contract, or conversion. In addition to filing a lawsuit, you may also be able to file a police... View More
The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2023
You can still proceed with trademarking the name as long as it meets the requirements for trademark registration, such as being distinctive and not causing confusion with existing trademarks in the same industry. However, keep in mind that if other businesses are already using the same name, they... View More
The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?
answered on May 1, 2023
Trademark rights are created by use in commerce, not registration. Registration merely provides much stronger remedies for enforcement. You to need to clear your proposed mark through a common law search and a Lanham Act trademark-ability legal analysis unless you want to open yourself up to a... View More
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.
