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South Dakota Intellectual Property Questions & Answers
1 Answer | Asked in Trademark and Intellectual Property for South Dakota on
Q: IF A COMPANY HAS THER FEDERAL TRADEMARK "MR.TIRE" , AM I INFRINGING IT BY USING THE NAME "MR TIRE AND/& SERVICE"?
James L. Arrasmith
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answered on Mar 11, 2024

The answer depends on several factors, and a definitive conclusion would require a thorough legal analysis by an intellectual property attorney. However, here are some general considerations:

1. Similarity of the marks: "Mr.Tire" and "Mr Tire and Service" are very...
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Q: Can I sell a gps tracker that looks similar to the apple air tag as long as im not marketing or branding as apple airtag

I found a supplier that makes gps trackers but they look similar to the apple airtag and cannot find any information that will tell me if design is patented or not.

James L. Arrasmith
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answered on Dec 19, 2023

When considering selling a GPS tracker similar in design to Apple's AirTag, it's crucial to be aware of intellectual property laws, particularly design patents. Apple may have design patents protecting the unique appearance of their AirTag, which means replicating this design could... View More

2 Answers | Asked in Copyright and Intellectual Property for South Dakota on
Q: Is it legally permissible to use text from a public domain book for commercial purposes?

I would like to use the text from a public domain book and print it onto fabric for a project I'm working on. Initially this was to be a personal project, but I'm considering the possibility of using the design for commercial purposes in the future and want to know if it is legal to use... View More

Steve Charles Vondran
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answered on Jan 11, 2023

In the United States, copyright law provides authors and other creators of original works with exclusive rights to their creations. Copyright protection prevents others from reproducing, distributing, or displaying copyrighted works without the permission of the copyright holder. This is an... View More

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