answered on Mar 25, 2023
To find out whether a trademark is registered for federal protection, you can search the US Patent and Trademark Office ("USPTO") database. However, keep in mind that, just because something isn't registered doesn't mean that it's available to be used. The US recognizes... Read more »
answered on Jul 27, 2022
US patents are approved by the US Patent and Trademark Office. Period.
You may need other approvals from other agencies to make and use the product but they don't issue patents.
This happens all the time with pharmaceutical products. There is work to obtain patent protection... Read more »
Onlyfans.com is copyrighted and I feel like this falls in intellectual rights violation. My soon to be ex husband and his lawyers presented images of my content without knowledge or consent.
answered on Jan 10, 2022
It is true that the photo/video content on the platform is the subject of copyright, and that the creators and the platform can assert their exclusive right to distribute the content. If one were to print the content and sell or redistribute it commercially, that would be an actionable... Read more »
From Lucas trademark filing: Goods and Services: Christmas tree ornaments and Christmas tree decorations, plush toys, stuffed toys, toy action figures, toy guns
answered on Dec 30, 2020
Trademark Infringement is a highly fact-intensive inquiry based on a number of factors including: (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) defendant's intent... Read more »
answered on Oct 30, 2020
As the owner of record as shown by the Deed issued by the Executor of the Estate and recorded in the land records of the city/county where the property is located, you have a right to terminate a month-to-month tenancy by giving a 30 day written notice to the tenant and occupants. In the event... Read more »
answered on Oct 6, 2020
Most likely yes. It would depend largely on the purpose for such destruction/tampering.
answered on Jul 20, 2020
In Virginia, a 17 year old does not have "capacity" to enter into a contract. The payment of an application fee would seem not to be the entering into a contract but the payment of a fee.
Out of my garage, I created a device for elderly and vision-impaired assistance, out of commercially available components and open source code that enhances a particular medical companies system... Is it patentable? And after it is patented, I would like to approach the medical company with the... Read more »
answered on Jul 6, 2020
While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!
Im interested in obtaining the copyright for the fabric to produce fabric for paintball good
answered on Jun 22, 2020
There are two options that basically stem from the root of asking the person who owns the right for permission to use it.
(1) Ask for a license. Basically you just would tell them what you plan on doing and see if they will allow you to do it. You may have to pay them... Read more »
I'm making a photo-sharing app where users can add music to photos (if they're members of Apple Music or Spotify) and share these photos that have songs on them to other apps, would that be illegal? Since Apple Music/Spotify both own licenses to songs and users are paying for these services.
answered on May 27, 2020
answered on Mar 18, 2020
The answer depends on who the "we" is that broke up. If the intended groom terminated the engagement, the intended bride keeps the gift. If it was the intended bride terminated the engagement, or the engagement was terminated by mutual decision, the gift should be returned to the groom.
I have a application on file and willing to name a co inventor for help with this huge law suit. Has to be a nice person and a patent litigation attorney. I'm truly the real inventor I proved that december 3rd 2019 my name begins with a c. This can be not only a big opportunity for me but a co... Read more »
answered on Jan 26, 2020
I regret that I am neither a parent litigation attorney nor an investor in such patents or inventions. Sorry.
Our contract mentions
"conceives, creates, invents, designs, develops, contributes to or improves any works of authorship, inventions, materials, documents or other work product or other intellectual property, either alone or in conjunction with third parties, at any time during... Read more »
answered on Jan 7, 2020
This question comes up all the time. You will need to take the contract and employee manuals that deal with the duty to assign inventions to an attorney in the state where you work. There are some states that have limits on the scope of this mandatory assignment clause for employees.
It... Read more »
answered on Aug 20, 2019
it depends on the classes they're using the mark for and the ones you're planning on using the mark for. If it's for the same goods/services and they've been using the mark longer, then it would be an issue. You should consult a trademark attorney.
I have the state and federal trademark for my event name. Last year two parties started doing the same one and using a big part of my name. I paid an attorney; who is not a trademark lawyer, to send a cease & desist letter but it was after their event had already passed. She said they never... Read more »
answered on Mar 24, 2019
If cease and desist letters are not working, and you have tried amicably to settle with them, looks like your only option is to file a lawsuit.
In the lawsuit you can ask for an injunction. It will be based on the chances that you will win the lawsuit, so it is not a done deal.... Read more »
answered on Sep 13, 2018
Contact an experienced patent attorney that is familiar with your technology.
answered on May 4, 2018
You'll have to give the lawyer much more detail than that, but it is probably best for you not to reveal facts that might be critical to your case in an open, Internet forum where nothing is covered by attorney-client privilege. Try visiting Avvo.com. Plug in "real estate" if the... Read more »
Application was submitted in 2012. Abandoned status in 2014. I noticed that the product has been manufactured in China and available to import.
answered on Mar 7, 2018
If an application is abandoned far enough back that it is not a situation where the response was lost in the mail (and may be revived), then you should check three things.
1) Sometimes when things are not going well, an applicant will file a continuation or a continuation-in-part and... Read more »
Multiple companies like Singer, Dritz and less well known companies sell sewing tape measures. How do they escape infringing on patents? Further, how can multiple companies sell retractable tape measures without infringing?
answered on Mar 5, 2018
There are a few options for how multiple companies sell a product when there is a patent for that product.
1) The patent has expired at the en of its normal term or early for failure to pay a maintenance fee. Once the patent is no longer in effect, companies are free to create a generic... Read more »
I'm in Kansas. My husband is set to get out of the US Army but we can't get the moving process started until we have a place to live lined up. We were dead set on moving to Virginia but this is a giant hindrance.
answered on Jan 25, 2018
Generaly, it is important to inspect the premises before you enter into the lease. I think you can waive your rights to inspect the property and just rent it "As Is." This may or may not solve your problem.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.