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Pennsylvania Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Is it illegal to buy a reproduced print of artwork from a generic online website? The art was soldout by the artist

The artwork was no longer listed on the original artist’s website. I did a Google search and found a site call Rugsers that had the print for sell. I bought 2 different sizes, but the payment process made me wonder if the site was authorized to sell the prints.

James L. Arrasmith
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answered on Feb 25, 2023

It is possible that the reproduction prints being sold on the website could be infringing on the artist's copyright, especially if the website is not authorized to sell the prints. In general, it is important to make sure that you are purchasing artwork from a reputable source that has the... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Pennsylvania on
Q: If Sony as a company owns the Sly Cooper Trademark, when does that enter the public domain?

How I understand it, a work is protected for the authors lifetime plus 70 years, since it was created in the early 2000’s. And since a company or corporation is the author and can’t “Die” when would it go into the public domain? Is it just protected for 95 years and then it’s free to use?

David Aldrich
David Aldrich
answered on Feb 15, 2023

The timeframes you’re discussing relate to copyrights, not trademarks. For a trademark, as long as the owner continues to use the name and continues to timely submit the proper renewal forms and fees, their protection does not expire.

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Pennsylvania on
Q: If Sony as a company owns the Sly Cooper Trademark, when does that enter the public domain?

How I understand it, a work is protected for the authors lifetime plus 70 years, since it was created in the early 2000’s. And since a company or corporation is the author and can’t “Die” when would it go into the public domain? Is it just protected for 95 years and then it’s free to use?

James L. Arrasmith
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answered on Feb 25, 2023

In the United States, the length of copyright protection for works created by a corporation, such as Sony owning the Sly Cooper trademark, is generally 95 years from the date of publication or 120 years from the date of creation, whichever comes first. So, since Sly Cooper was created in the early... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Pennsylvania on
Q: Is this already approved?If yes, do the author need to sign an acknowledgment for releasing the patent?

I'm one of the co-author.

James L. Arrasmith
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answered on Dec 14, 2023

If you're asking whether a patent has already been approved, it's essential to check the status of the patent application. This can typically be done through the United States Patent and Trademark Office (USPTO) database. If the patent has been granted, it will be listed as such in their... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: Can a website submitted through Coca Cola company contact form become owned by Coca Cola if their terms indicate that?

The website link being submitted to them, contains information about a patent-pending invention. In the terms for Coca Cola, it said something like "you agree that anything you submit may be used by us royalty-free, non-exclusively, forever, etc." which is not what I want. Since I did not... View More

James L. Arrasmith
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answered on Jul 10, 2023

Disregard my typo above..

It's important to carefully review and understand the terms and conditions stated by Coca Cola before submitting any information or website links through their contact form. While the terms may include broad language regarding the use of submitted materials,...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: is there any patents for baby formula ice cream? I couldn't find any but I am afraid I am looking over something.
James L. Arrasmith
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answered on May 2, 2023

After conducting a thorough search, I did not find any patents specifically for baby formula ice cream. However, it is possible that a patent exists for a similar product or for a specific process used to make baby formula ice cream. It is recommended to consult with a patent attorney for further... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: How far can I go in designing a similar product?

I am wanting to start my business and I have designed a tire insert, it has similar properties to cushcore, my insert puts pressure on the tire providing outward pressure but the design of my product is quite different in dimensions. What would be considered a violation of this patent?

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2023

I'm sorry your question remains open for four weeks. You could try reposting under "Patents (Intellectual Property)" instead of this general "Uncategorized" heading. Some questions do go unanswered, but you could have better chances of a reply by reposting and adding... View More

1 Answer | Asked in Intellectual Property and Trademark for Pennsylvania on
Q: I want to make YouTube videos. Would the name "Postscript" infringe on any trademarks?

I want my YouTube channel name to be called "Postscript." I'll be making video essays in which I'll review, offer critique, and discuss my opinion on various pieces of media, such as films, television shows, anime, video games, etc. I liked the name because it's as if my... View More

Erik Špila
Erik Špila
answered on Jan 5, 2023

Hello there, you should discuss this with intellectual property lawyer in your area as there is a need for trademark search first for potential infringement of prior rights. Your question can not be duly answered without that. I wish you a good luck with your YouTube channel though.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: Copyright, Trademark, and Parody.

1st Question: Would this fall safely under parody? (Yes I believe it to be parody and not satire as the image and words only produce comedic effect with the knowledge of the video game elements and stand alone does not create a comedic effect)

I used photoshop to impose two copyrighted... View More

Robert Kost
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Robert Kost
answered on Nov 8, 2021

It's not clear from your description what the superimposed images are a parody of. A parody is a "humorously exaggerated imitation" that borrows from a copyrighted work in order to make fun of it. So, it's very difficult to even comment (let alone give advice) without more... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: one of the 2 inventors of an unassigned patent has died. Can the remaining inventor sell the patent?
Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 5, 2021

First, I am sorry that your co-inventor whom I presume was a friend, has died.

If there are two inventors and there is not any signed agreement to consolidate the ownership rights, then the rights are still divided.

This would get into issues of estate law so you would need to...
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1 Answer | Asked in Trademark, Copyright, Business Law and Intellectual Property for Pennsylvania on
Q: My question is about avoiding violating a third-party trademark.

My question is about avoiding violating a third-party trademark.

Here’s a quick summary:

A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... View More

Timothy John Billick
Timothy John Billick
answered on Dec 28, 2020

It depends on how you use the trademarked image. Trademark infringement depends on a lot of factors such as: (1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7)... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: Book Title

Hi. I have a question about intellectual property and copyright. If I’ve written a book, how do I know if my book title is taken or if it’s too similar to other book titles? For example could I title it “The Adventures of Ozzy, the Big Blue Dog” or would that be in violation of the... View More

Timothy John Billick
Timothy John Billick
answered on Sep 26, 2020

The short answer is that it depends on how litigious the rights holders would be. Based solely on the information in this this hypothetical, your risk of infringement would be low. That said, characters are subject to copyright protection so an A-to-B comparison of the character(s) would need to... View More

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Probate for Pennsylvania on
Q: Disposition of valuable patents following death of inventor no probate filed-how to proceed-discover commercial uses?

Need advice re Highly valuable international energy saving patents authored by recently deceased inventor and assigned to small Pa. company in which I hold shares and from which I am owed $.

No will or probate action I can find. Death in early 2020. Processes now being used by Morton... View More

Michael Cherewka
Michael Cherewka
answered on Sep 14, 2020

There are a lot of unknown facts in your question/scenario which require review of existing documents ( the Company documents -Bylaws or Operating Agreement / Buy-sell / your loans to Company) (the Assignment of patent rights) and possibly some research regarding registration of the patents and the... View More

1 Answer | Asked in Intellectual Property for Pennsylvania on
Q: Business name intellectual property question

I want to start an HVAC repair business. I have a common last name in my area of the country (US), and I want to name the business using my last name. For the purposes of this post I'll use the pseudonym "Smith" - so I want to name my HVAC business "Smith Air Conditioning &... View More

Kathryn Perales
Kathryn Perales
answered on Jul 3, 2020

Since your name is common, and you're naming your business a generic/descriptive name which describes exactly what you'll be doing, you probably won't have a trademark problem. Usually other people can't stop you from using your own name for your business. Best to search the... View More

3 Answers | Asked in Contracts, Copyright and Intellectual Property for Pennsylvania on
Q: NDA for consultation?

I am paying a physics professor a consulting fee for help with a private entrepreneurial project. I haven't set anything up on my part as a business entity yet. But I want to protect the ideas I share while speaking with the professor during our consulting sessions. Can an NDA do the job, or... View More

Nancy L Lanard
Nancy L Lanard
answered on Jun 24, 2020

The NDA (which includes a non-compete provision) can be entered between two individuals - it does not need to be between business entities. Make sure the NDA is strong and thoroughly defines confidential information to include all forms that the information could be - in other words, the... View More

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1 Answer | Asked in Gaming and Intellectual Property for Pennsylvania on
Q: I am making a video game, and everything in it was made by our team. How would I purchase a copyright to protect it?

This video game contains art, music, code, and scenarios that were made between five different people. We want to put this video game on an online store and sell it to make a profit, but we also want to purchase a copyright to protect it from being pirated/tampered with and reproduced. Everyone in... View More

William Scott Goldman
William Scott Goldman
answered on Jun 15, 2020

Great question! Copyright registration can be applied for at https://www.copyright.gov/ or any of the copyright lawyers on this site will gladly assist. Based on what you've described, you'll likely need a TX copyright for the source code, VA for the original artistic components, and... View More

Q: The brief summary of my issue and the related question is contained herein.

I am in the process of establishing a partnership with another company. A new company was to be formed in which the two services (software) would be combined to create one company/service. The other party signed an NDA, I then sent a proposal suggesting the merger or creation of a new company. I... View More

Peter D. Mlynek
Peter D. Mlynek
answered on May 1, 2020

The question of obviating disintermediation is a common one. The answer is yes, you are able to protect yourself.

It looks like you (Company "A") are paying them (Company "B") to work on your product for which you are paying them. I assume that B is providing A some...
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1 Answer | Asked in Education Law, Intellectual Property and Securities Law for Pennsylvania on
Q: If I left my stuff at a boarding school, and they threw my stuff away. Am I allowed to sue them for it? Usa. PA
Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2020

If they had a stated policy that things left would be disposed of they can do that. A bit tacky, but they could.

Contact the Education Law Center about your rights. https://www.elc-pa.org/

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: Is the Philly LOVE statue trademarked? Could we have a different word in the same arrangement?
Tania Maria Williams
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answered on Feb 5, 2020

The Philly LOVE statute has been the source of contentious litigation numerous times. Even though the artist died in recent years, there are others who claim to own the copyright in the sculpture. There is also a claimed trademark registration for various goods for the LOVE sculpture. Artists... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: What is the likelihood of a patent holder being granted a second patent for a variation of his first patent?

If someone else filed for that second patent, I would argue that given my patent, that the second patent is obvious but it really isn't that obvious and I want to be the one to file before someone else does. An analogous example: Think of the old power line communications technology where... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 18, 2019

This happens all the time.

Patent 1 is for an invention, patent 2 is an improvement to that invention. You can file an application to patent 2 as a CIP of the first application, or you can add a TD in the second filing, etc. Talk to your patent attorney more about this.

Good luck!

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