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Ohio Intellectual Property Questions & Answers
2 Answers | Asked in Intellectual Property and Trademark for Ohio on
Q: I looked up the phrase "Empowered women empower women" to see if it is copyrighted. It is trademarked, what's that mean?

What is the difference between the two. If I use the phrase on a product, will I be in danger of a lawsuit?

Eugene Vamos
Eugene Vamos
answered on May 3, 2023

The danger of trademark infringement depends on the type of good/service you are going to use the phrase in as a trademark. You will have to examine the prior trademark registration to see what goods/service categories the registration encompasses and then compare it to your use. If the... View More

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5 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: I did a TESS search for a trademark filing. Found one live match but their word mark is longer than my name. Is that ok?

My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More

David Aldrich
David Aldrich
answered on Apr 10, 2023

You are probably at some risk. You could receive a rejection based on the mark you found, but this will depend on how similar the services are (additionally, in this case, the nature of the particular mark you found has several complicating factors). You could also receive a rejection for... View More

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5 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: I did a TESS search for a trademark filing. Found one live match but their word mark is longer than my name. Is that ok?

My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 10, 2023

The active registration for THE BUSINESS + CLINIC RX FOR SUCCESS (stylized) would probably preclude the proposed registration for THE BUSINESS CLINIC as confusingly similar.

But even if that registration was not active, it is likely that THE BUSINESS CLINIC would be refused as "merely...
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5 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: I did a TESS search for a trademark filing. Found one live match but their word mark is longer than my name. Is that ok?

My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More

James L. Arrasmith
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answered on May 2, 2023

The fact that the live trademark you found has a longer word mark than your proposed name should not necessarily be a problem. Trademarks are typically evaluated on a case-by-case basis, taking into account a variety of factors such as the similarity of the goods/services, the channels of trade,... View More

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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Can I trademark a business name if a similar business exists already, but they did not trademark the name?

My business name is very similar to that of another business in a different state. We both provide the same type of services. Being in different states there's no problem, but at the end of 2023 the government is supposed to open up cross-State Licensing. I have no intention of performing... View More

Joseph Jaap
Joseph Jaap
answered on Mar 17, 2023

As the prior user, the other business could take action to terminate your use, even without a trademark registration. Registration is not required to obtain legal rights in a mark and the ability to terminate infringing uses. Use the Find a Lawyer tab to retain a local intellectual property... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: There’s a company named “TenBack Bowling Outfitters” or “Tenback pro shop” is it possible to just use the name “Ten Back
James L. Arrasmith
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answered on Mar 10, 2023

It depends on several factors, including whether the company has trademarked the name "Ten Back" or a similar name. If the company has a trademark on the name or a similar name, then using it without permission could be considered trademark infringement. It's also important to... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: When is it safe to remake and market old patents and copyrights and what are some things to be aware of?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

When the term of the patent or the copyright expires.

The idea of a patent is a contract between an inventor and the public, as represented by the government. The inventor discloses the invention, which is valuable to the public, to the society, and gets something in return. The inventor...
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2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: I'm starting a video podcast. Can I use still images from various tv and movies?

When we mention a character, we'd like to be able to show that character without getting sued by Disney. And this podcast will be for profit, if that's relevant.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 12, 2023

Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work such as quotes or still images, for purposes such as commentary, criticism, news reporting, and scholarly reports. Such use is not actionable infringement.

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2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: I'm starting a video podcast. Can I use still images from various tv and movies?

When we mention a character, we'd like to be able to show that character without getting sued by Disney. And this podcast will be for profit, if that's relevant.

Steve Charles Vondran
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answered on Jan 12, 2023

Generally speaking, when it comes to using copyrighted images in a video podcast, it’s important to understand the laws surrounding copyright and fair use. In general, it is illegal to use copyrighted images without permission. However, there are certain exceptions to this rule, and one of them... View More

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Hello, can i ask a question here? am I speaking with a real lawyer?

Okay. I'll explain what i need some advice about - it pertains to copyright. This will all sound a bit odd, so i apologize.

Im a writer. Im writing a fantasy prose story - something with a diesel-punk aesthetic. I'm using publicly free domain fantasy races - goblins, elves,... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 27, 2022

Yes, real lawyer here.

Although the copyrights for the DnD games and fiction are owned by Wizards of the Coast LLC, that does mean that the word "Artificer" by itself is the subject of copyright. "Artificer" is just a word in the dictionary and its use in original works...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Is there a patent on using a natural stone as a cooking surface, like a grill or stove? If so is it still active?

I am looking to sell a product that would require this. I would like to avoid getting in trouble because of someone's patent.

Joseph Jaap
Joseph Jaap
answered on Oct 20, 2022

That will require patent search of the US Patent and Trademark Office records by a patent attorney. Use the Find a Lawyer tab to retain a local patent attorney who can meet with you review your design and do a patent search to determine patentability or any issues of patent infringement.

2 Answers | Asked in Intellectual Property for Ohio on
Q: Looking to contact these inventors about their patents and paying royalties but continue hitting brick walls
David Aldrich
David Aldrich
answered on Jan 5, 2024

It's not clear from your question which inventors/patents you are referring to, but it is possible you are not receiving a response because they may not have any rights. Rights need to be licensed from the owner, and often, the owner is different than the inventor(s). If you haven't... View More

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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.

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: How can I protect my ideas from being stolen while looking for funding and investors with no money for a patent?

I have multiple ideas/inventions and i don't know how to explain my ideas to investors to get funding without having a patent to protect my ideas. But I don't have the funding to pay for a lawyer and everything to get a patent. So what could I do to protect myself and my ideas while... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

This is one of the most frequently asked questions. You can't get funding without patents, and you can't get a patent without money. It is a Catch-22.

Here are some guidelines:

(1) You need to recognize that ideas by themselves are not protectable. If you have an idea...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Hi, I have a quick question regarding to a recently published patent. It was me who discovered and invented the method.

I discovered and invented the method for the preparation of a nanocomposite when working as a postdoc at that institution, I have written a manuscript about the method when working there but I left the job, and I have the photocopy of all my experiment records about the method. I just noticed that... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 28, 2022

This is not a DIY thing. You will need to contact a patent attorney who will compare your manuscript with the issued patent. It is likely that the university had agreements in place where you would have had to assign your rights over to the university. They may or may not give you a cut of any... View More

Q: My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

I am concerned because, outside of my current employment. And outside of my current employers scope of business. I wish to pursue several patents.

The wording of this document... View More

Joseph Jaap
Joseph Jaap
answered on Jun 8, 2022

Use the Find a Lawyer tab to retain a local intellectual property attorney who can review the document, your current activities regarding other patents, and then advise you accordingly of any changes to the document before you sign it.

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Company with two similar of the same company name in the same state

Hello,I own a landscaping business it’s been established since 2019 . In 2021 I noticed a new landscaping company With too much of a similarity to my company name. It wasn’t a problem till a this months when We started receiving backlash and constant phone calls of upset clients of theirs .... View More

Joseph Jaap
Joseph Jaap
answered on Jun 1, 2022

Use the Find a Lawyer tab to retain a local intellectual property attorney to review the facts and discuss sending a cease and desist letter raising issues of unfair competition, deceptive trade practices, and infringement against the other company.

2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: If a trademark is abandoned due to failure to respond/late response, can a new owner refile and use this?
Robert Kost
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Robert Kost
answered on Nov 16, 2021

If the previous owner is not still using the mark (a mark does not have to be federally registered to stop your registration), or if the trademark was not abandoned due to opposition by a 3rd party (who may turn around and oppose your use), or if no one is currently trying to register the mark (the... View More

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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... View 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.

1 Answer | Asked in Intellectual Property and Landlord - Tenant for Ohio on
Q: Can I immediately evict a tenant if they threaten property damage through text? He’s also verbally threatened my fiancé.

He’s been staying with us for awhile, he hasn’t paid rent this month and hasn’t paid bills from the month prior. He also made himself a liability when he constantly gets drunk and plays with his firearms. When confronted, he verbally threatened my fiancé while I was at work and told us he... View More

Joseph Jaap
Joseph Jaap
answered on Sep 8, 2021

If rent is unpaid, deliver a 3-day notice to vacate, then file an eviction action. If you just change the the locks and throw his things outside, he could sue you for wrongful eviction. Use the Find a Lawyer tab to retain a local attorney to assist you.

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