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Texas Intellectual Property Questions & Answers
1 Answer | Asked in Business Law, Intellectual Property, Internet Law and Trademark for Texas on
Q: If I write product review articles online under the persona of a fictional character, how would I disclose that?

I am starting an affiliate marketing website to write product review, comparison, advice-type articles but creating a character which I want to credit the articles to instead of using my own name and likeness. I am trying to find out how to do this without misleading my readers but I don’t want... View More

James L. Arrasmith
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answered on Jan 1, 2024

When creating content under a fictional persona for your affiliate marketing website, it's important to maintain transparency without overwhelming your readers with disclaimers. This balance is key to establishing trust while respecting your creative approach.

A subtle yet clear way to...
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4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

James L. Arrasmith
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answered on Dec 23, 2023

As the legal representative of your late husband, you have certain rights regarding his intellectual property, including his utility patents. However, the naming of inventors and representatives on patents is a matter of legal record and protocol, not personal recognition or tribute.

Your...
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4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

When a patent owner dies, his rights pass to his heirs. If you are his sole heir and the legal representative of his estate appointed by the probate court, you need to contact the US Patent Office and have the patents transferred into your name. As the legal representative of his estate, that is... View More

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4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 28, 2023

I am sorry to read about your loss.

If your late husband was employed, almost certainly the patents that he was an inventor on were owned by the employer and not by your husband. If so, then he did not have any rights to the patents. The employer can do with the patents and patent...
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1 Answer | Asked in Copyright, Business Law and Intellectual Property for Texas on
Q: How can I use a portion of an Excel screenshot in an educational ebook about Excel?

MIcrosoft copyright guidelines state that portions of screenshots cannot be used. I have a need to show many specific, zoomed in areas of the Excel interface

James L. Arrasmith
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answered on Dec 19, 2023

In the United States, the use of copyrighted material, such as Excel screenshots, for educational purposes may fall under the category of "fair use." However, this is a complex area of law and depends on various factors, including the purpose of use, the nature of the copyrighted work,... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Our website is copied by somone and we want to take legal action. Our llc is registed in Wyoming

The company who copied our website is registered in Georgia

James L. Arrasmith
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answered on Dec 4, 2023

In cases of copyright infringement, such as someone copying your website, the first step is to document the infringement thoroughly. This means taking screenshots or saving copies of the infringing website, and noting any direct similarities to your own site.

Next, consider sending a cease...
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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: How would we know if the trademark was completed?
James L. Arrasmith
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answered on Dec 4, 2023

To determine if a trademark registration process has been completed, the most direct method is to check the status of the application on the United States Patent and Trademark Office (USPTO) website. The USPTO maintains an online database called the Trademark Status and Document Retrieval (TSDR)... View More

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: How would we know if the trademark was completed?
Felicia Altman
Felicia Altman
answered on Dec 2, 2023

You can look up any trademark by searching for the mark by application number, owner or actual mark on the USPTO website. The owner of the mark or the person of record will receive an email when a mark has been registered with the USPTO or if an office action is received. To know the status of a... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: is a Superhero/supervillain them restaurant against copyright or trademark.

im thinking about a restaurant called H&V (heroes and villains) using my own personal collection of figures and comics to display would this be against copyright or trademark laws no names will ever be used

James L. Arrasmith
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answered on Nov 13, 2023

Creating a superhero/supervillain-themed restaurant like H&V, using your personal collection of figures and comics for display, can be a complex matter in terms of copyright and trademark laws. The key issue is whether the use of these items could be seen as infringing on the intellectual... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Copyright:I recorded 1 min of UFC fight on iphone & uploaded it to YouTube. Indonesian Broadcast took it down. Not UFC

Indonesian Broadcaster MOLATV gave me a copyright Strike on my channel. The UFC itself did not. Do they have the right to do that? Would me filing a dispute work? I see tons of that content on YouTube and nothing happened to other people. Do you think it’s just a scare tactic?

James L. Arrasmith
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answered on Nov 12, 2023

In copyright matters, broadcasters like MOLATV may have rights to content, such as a UFC fight, in certain regions. If MOLATV holds the broadcasting rights for the UFC content in Indonesia, they may enforce copyright claims on platforms like YouTube.

The fact that UFC itself did not issue...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Paint party, painting the Grinch face? It’s theirs, they pay me for supplies, teaching. They don’t sell them.

People ask me for this. No picture is sold, just my time and supplies.

James L. Arrasmith
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answered on Nov 8, 2023

Hosting a paint party where participants paint the Grinch's face involves copyright considerations, as the character is protected intellectual property. If you are providing instruction and supplies for individuals to create their own paintings for personal use, it generally falls under... View More

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I name a book after my blog, Waxing Poetic, even though a jewelry company has trademarked the common phrase?

I wrote this blog years ago titling it Waxing Poetic, musings on life, love, and the pursuit of joy, and then discovered later there was a jewelry company with that phrase trademarked. Waxing Poetic is an actual phrase used from the 1800s about writing or describing something in an eloquent or... View More

James L. Arrasmith
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answered on Nov 8, 2023

Using a title for your book that matches your blog named "Waxing Poetic" could potentially raise trademark concerns if the jewelry company has indeed trademarked the phrase and if your book could be perceived as being in a related category of goods or likely to cause confusion among... View More

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2 Answers | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for Texas on
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?

If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group?

Dominique M. Williams
Dominique M. Williams
answered on Nov 3, 2023

I would caution against reading the book, or portions thereof, aloud publicly on a platform where you are receiving revenue. Under copyright law, a copyright owner is given sole and exclusive rights to reproduce the work, create derivative works, perform the work, display the work, or to authorize... View More

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2 Answers | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for Texas on
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?

If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group?

James L. Arrasmith
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answered on Nov 4, 2023

Reading a copyrighted book in its entirety on a platform like YouTube or Twitch, especially when revenue is involved, may lead to copyright infringement claims. It's generally not permitted unless you have obtained explicit permission from the copyright holder.

However, reading...
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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I use the phrases..... Let there be light, or Here's your sign...... as a slogan for my company?
David Aldrich
David Aldrich
answered on Nov 3, 2023

There are several existing trademarks for each of these. It's possible you could use it, depending on what category of goods/services your company deals in. You should consult a qualified trademark attorney, who can help you determine whether you are able to use these and if you should seek... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I use the phrases..... Let there be light, or Here's your sign...... as a slogan for my company?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Nov 3, 2023

LET THERE BE LIGHT is a registered trademark used for ministerial services and candles, and is registered as a slogan used by the University of California for educational services and merchandise; there is also a pending application to register LET THERE BE LIGHT for decorative lighting.

If...
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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I use the phrases..... Let there be light, or Here's your sign...... as a slogan for my company?
James L. Arrasmith
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answered on Nov 4, 2023

The use of common phrases can be tricky in trademark law. "Let there be light" is a well-known biblical phrase, and "Here's your sign" has been popularized by comedian Bill Engvall. Generally, phrases that have become widely used in everyday language may be considered too... View More

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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: Besides the IP itself; What do I need to sell an IP to a broadcasting company?

I'm planning to create an IP of and episodic TV show and am planning on giving the company full creative control, apart from a creation credit, if possible. However, I'm not entirely sure what I need, besides the IP of course.

James L. Arrasmith
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answered on Oct 26, 2023

To sell an IP to a broadcasting company, beyond the intellectual property rights, you should have a well-structured pitch or presentation that outlines the concept, target audience, and potential value of the TV show. A clear and compelling pilot script or episode outline can significantly enhance... View More

3 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Can I put the letters CNN on my jacket without violating copyright.

I will not use the Networks logo just the letters printed on my jacket. Is this legal or does Warner own the letter combination?

Jason C Palmer
Jason C Palmer
answered on Oct 18, 2023

Copyright law does not protect short words or phrases, so you would probably not have to worry about a copyright claim arising from such a use of these letters. Trademark law does protect short words and phrases, though, and Cable News Network, Inc. owns an existing trademark registration for... View More

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3 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Can I put the letters CNN on my jacket without violating copyright.

I will not use the Networks logo just the letters printed on my jacket. Is this legal or does Warner own the letter combination?

T. Augustus Claus
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answered on Oct 16, 2023

Yes, you can put the letters CNN on your jacket without violating copyright. Copyright law protects original works of authorship, such as literary, dramatic, musical, and artistic works. The letters CNN are not an original work of authorship, so they are not protected by copyright. However, Warner... View More

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