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Texas Intellectual Property Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I trademark Together We Can since the previos trademark has been abandoned
James L. Arrasmith
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answered on Apr 11, 2024

It's possible to apply for a trademark that was previously registered but has since been abandoned. However, there are a few important considerations:

1. Make sure the trademark is truly abandoned. You can search the USPTO (United States Patent and Trademark Office) database to confirm...
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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I trademark Together We Can since the previos trademark has been abandoned
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 12, 2024

When considering trademarking "Together We Can," it's crucial to conduct thorough research to ensure the name is available and eligible for trademark protection.

Start by searching the United States Patent and Trademark Office (USPTO) database to confirm that the previous...
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1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: How will I know if my trademark is being contested, and do I need to complete attestations in all 50 states to stop it?

About a month ago I paid $5,000 total to Trademark Fortress to register my business name and logo in 4 USPTO classes. They told me I was all set, but now they are telling me that someone is contesting my filing, and that I need to pay thousands more to file attestations in all 50 states to protect... View More

James L. Arrasmith
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answered on Apr 11, 2024

I understand your concern and frustration with this situation. Here are a few important points to consider:

1. Transparency: A reputable trademark attorney or company should be transparent about any opposition or contestation to your trademark application. They should provide you with...
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1 Answer | Asked in Business Law, Civil Litigation, Copyright and Intellectual Property for Texas on
Q: How can I protect my domain name and website from creditors?
James L. Arrasmith
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answered on Apr 10, 2024

Attempting to hide or protect assets when facing debts or legal judgments could be considered fraudulent in many cases. The ethical and legal course of action is to pay valid debts that are owed.

If you are facing financial hardship, I would suggest speaking with a certified credit...
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2 Answers | Asked in Business Formation, Intellectual Property and Trademark for Texas on
Q: Can I legally start a snow cone stand with a play on words and image theme from a classic TV show?

Would I need to pay a trademark licensing fee?

Micah Barrett
Micah Barrett
answered on Apr 5, 2024

I recommend seeking advice from a trademark lawyer as the answer depends upon the specific name and use of your own name and the TV show name. Depending on the name, the TV show may come after you for trademark infringement. To give some background, trademark infringement for puns hinges on whether... View More

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2 Answers | Asked in Business Formation, Intellectual Property and Trademark for Texas on
Q: Can I legally start a snow cone stand with a play on words and image theme from a classic TV show?

Would I need to pay a trademark licensing fee?

James L. Arrasmith
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answered on Apr 5, 2024

The legality of using a play on words and image theme from a classic TV show for your snow cone stand depends on several factors. While you may be able to use a clever play on words, directly using trademarked names, logos, or images from the TV show without permission could infringe on the... View More

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: A man writes a diary in 1947. He doesn't publish it or register it for copyright. Is it under copyright today?

After his death 10 years later in 1957, the diary is discovered in his home. It was not mentioned in his will, nor had he assigned the rights to the work to anyone. Is the diary under copyright protection in 2024? Thanks!

James L. Arrasmith
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answered on Mar 22, 2024

The copyright status of works like diaries can be complex, particularly when they are unpublished and the author has passed away. In general, for works created but not published or registered before 1978, copyright typically lasts for the life of the author plus 70 years. Since the diary was... View More

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Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Your husband should have told you about the patents and, upon his death, when his estate was being probated, the personal representative of his estate should have told you about the patents if that person knew about them. Both your husband and the personal representative of his estate likely had... View More

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Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

James L. Arrasmith
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answered on Mar 22, 2024

I understand your concerns and the confusion you are experiencing. If your late husband held patents, as his widow, you typically would have legal rights to his assets, including patents, unless otherwise specified in his will or estate plan. The fact that you were only informed about two patents... View More

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1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: How would I go about sending trademark up for my motorcycle club logo
James L. Arrasmith
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answered on Mar 8, 2024

To trademark your motorcycle club logo, start by ensuring the logo is unique and not already in use by another entity. A thorough search through the official trademarks database of your country, such as the United States Patent and Trademark Office (USPTO) in the U.S., will help you confirm this.... View More

3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: It`s possible to add a new business activity, specifically fishing and fishing tools, to my existing trademark registrat

Hi! my name is Katerina,

I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm

Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 26, 2024

The USPTO only allows applicants and registrants to delete, restrict, or limit the goods and services included in the original application. You may not add goods or services or expand the breadth of the existing goods and services. For additional goods or services using the registered mark, a new... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: It`s possible to add a new business activity, specifically fishing and fishing tools, to my existing trademark registrat

Hi! my name is Katerina,

I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm

Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More

Felicia Altman
Felicia Altman
answered on Feb 26, 2024

If the mark was already filed for a separate class of goods and services, the USPTO requires a new application to be filed to protect against different or new goods and services. If the goods and services fall under a different class of registration it is best to register the mark as a new... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: It`s possible to add a new business activity, specifically fishing and fishing tools, to my existing trademark registrat

Hi! my name is Katerina,

I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm

Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More

James L. Arrasmith
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answered on Feb 26, 2024

Adding a new business activity, such as fishing and fishing tools, to your existing trademark registration is possible but may require careful consideration. You'll need to assess whether the new activity falls within the scope of your existing trademark and whether it aligns with the goods or... View More

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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Can I create an illustration for publication that contains 3 characters from a movie or a room from a reality show?

I have written a book and hired an illustrator to create artwork for each chapter. The book is very tongue-in-cheek, and the illustrations are whimsical. One of the chapters is about group resources, such as support groups. There is a movie that has a support group scene, and I was hoping to... View More

James L. Arrasmith
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answered on Feb 21, 2024

Including characters from a movie or a room from a reality show in your illustrations could potentially infringe on copyright or intellectual property rights, depending on the specific circumstances. While your illustrations may be whimsical and cartoony, if the characters or settings are... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: A company owe us money( big games LLC) they issue false DMCA notice. Then we issue counter notice( BEspoke Plush LLC).
James L. Arrasmith
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answered on Feb 21, 2024

It sounds like you're dealing with a challenging situation with Big Games LLC. When a company issues a false DMCA notice against you, it can indeed be frustrating and concerning. However, it's positive that you took action by issuing a counter notice through Bespoke Plush LLC. This step... View More

1 Answer | Asked in Employment Law and Intellectual Property for Texas on
Q: Intellectual property law for book written while working for a company.

Wrote a book on a topic very relevant to the company where I work. My personal connections made it possible. Roughly half of the time spent on the project was my own personal time, and I've spent a couple thousand dollars on the project that have not been reimbursed. I have kept good written... View More

James L. Arrasmith
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answered on Feb 4, 2024

Given your situation, where the work was done partially on your own time and without a specific contract addressing intellectual property rights, you might indeed have leverage in negotiating royalties for your book. The key factors in your favor are the lack of a clear intellectual property... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I have a product in mind that I would like to sell, It includes sonic the hedgehog, don't know if i'm allowed to sell it

It is a cool idea, I am really interested in selling my idea of a product but I don't know if I would get in legal trouble with SEGA, the owners of sonic the hedgehog

James L. Arrasmith
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answered on Jan 28, 2024

When considering selling a product that involves a character like Sonic the Hedgehog, it's important to be aware of intellectual property rights. Sonic is a trademarked character owned by SEGA, and using it without permission could lead to legal issues.

Before proceeding, you should...
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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: As you know, the copyright for Steam Boat Mickey recently expired. What are characteristics we can use in our mock ups?

Can we use the words "Mickey Mouse"?

Can he have different clothes on my drawings?

What exactly are the limitations?

James L. Arrasmith
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answered on Jan 12, 2024

With the expiration of the copyright for "Steamboat Willie," the specific version of Mickey Mouse as he appeared in that 1928 film has entered the public domain. This means you can use the characteristics of Mickey Mouse as depicted in that particular film, including his design and... View More

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: As you know, the copyright for Steam Boat Mickey recently expired. What are characteristics we can use in our mock ups?

Can we use the words "Mickey Mouse"?

Can he have different clothes on my drawings?

What exactly are the limitations?

Sheldon Starke
Sheldon Starke
answered on Jan 12, 2024

Honestly, this is work. This falls under the category of business. You can still find highly rated and experienced attorneys who do entertainment law here on Justia. Look for attorneys in smaller areas, still Metropolitan areas, where the cost of living is not so high. You get more for your... View More

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2 Answers | Asked in Entertainment / Sports, Gaming, Intellectual Property, Internet Law and Copyright for Texas on
Q: Can I create content using a known superhero's cowl and just the cowl and escape copyright infringement and the such?

Long story short I want to create youtube videos of RANDOM and just RANDOM content while using ex: Flash cowl. Just the top part of the mask not even the one that covers the whole face. I will use a different name, and although use some mannerisms, it will be obvious it is pure satire/parody. I got... View More

James L. Arrasmith
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answered on Jan 11, 2024

Using elements of a copyrighted superhero character, such as the Flash's cowl, in your content can be legally risky, even if you're only using part of the costume and intend it as satire or parody. Copyright law protects original works of authorship, including characters and their... View More

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