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Questions Answered by Eugene Vamos
1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: will the name 'milky way electric' cause any copyright infringement on milkyway the chocolate bar company?
Eugene Vamos
Eugene Vamos
answered on Jun 28, 2023

It depends on the context of your proposed usage. The words "Milky Way Electric" can not be copyrighted, but they can probably be used in a trademark, that is, associate it with a good/service. You will have to seek out a trademark attorney to guide you on the specific areas of... View More

2 Answers | Asked in Patents (Intellectual Property) on
Q: Como puedo renovar una patente?

Cuento con una patente en estados unidos que ha sido vencida y requiero renovarla la patente es la siguiente US20170275160A1

Quiero saber como contactarme con la oficina de patentes y el precio que se requiere para renovar la patente.

Eugene Vamos
Eugene Vamos
answered on Jun 15, 2023

Estimado,

Esta es una solicitud que se abandonó porque nunca se pagaron los derechos de emisión y, en consecuencia, nunca se emitió como patente.

Si tiene inquietudes específicas, debe comunicarse con un abogado de patentes para que le aconseje si se puede reactivar, aunque han...
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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: I created, produced and hosted my podcast, Privacy Please back in 2020. My company is trying to claim it as their IP

I still do the podcast weekly, my company just had a 20 person layoff and I was included but they want to claim IP of my podcast which is at 166 episodes. All the work, and my voice was done by me alone but they never fully "sponsored" it. Do I have a fighting chance here?

Eugene Vamos
Eugene Vamos
answered on Jun 13, 2023

This topic falls under copyright law. Ordinarily, the author (and copyright owner) is the person or persons who

actually creates the work (podcast). However, “Works made for hire” are an exception to this rule. For legal purposes,

when a work is a “work made for hire,” the...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Can my patent be. Assigned before it is issued.Type: GrantFiled: August 6, 2019Date of Patent: December 1, 2020

I understand that the wording for this must say "If the pattent is approved"

Eugene Vamos
Eugene Vamos
answered on May 22, 2023

It is also recommended that the Assignment be recorded at the USPTO so there constructive notice of the assignment.

This recordation process protects a patent assignee who opts to record an assignment, by providing constructive notice to the public of the recorded assignment; and it...
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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Can I use a trademark word phrase in a title of my book?
Eugene Vamos
Eugene Vamos
answered on May 11, 2023

Titles of books can not be trademarked.

The name of a series of books or other creative works may be registrable if it serves to identify and distinguish the source of the goods. An applicant must submit evidence that the title is used on at least two different creative works.

Think...
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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: Can this company with a slightly different name sue me for trademark infringement?

I started using the company name “Intentional Artists” and someone has a trademark that is “Intentional Artist” can they tell me not to use it Especially if it’s two different businesses?

I’m based in Los angeles, CA and my business is a artist agency - Their business is based... View More

Eugene Vamos
Eugene Vamos
answered on May 9, 2023

Likelihood of confusion exists between trademarks when s) the marks are so similar and b) the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source.

Because the marks are basically identical, the evaluation turns...
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2 Answers | Asked in Intellectual Property and Trademark for Ohio on
Q: I looked up the phrase "Empowered women empower women" to see if it is copyrighted. It is trademarked, what's that mean?

What is the difference between the two. If I use the phrase on a product, will I be in danger of a lawsuit?

Eugene Vamos
Eugene Vamos
answered on May 3, 2023

The danger of trademark infringement depends on the type of good/service you are going to use the phrase in as a trademark. You will have to examine the prior trademark registration to see what goods/service categories the registration encompasses and then compare it to your use. If the... View More

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4 Answers | Asked in Trademark and Intellectual Property on
Q: Can I trademark a name that may be used by another company on a different industry?

I want to trademark a name and software similar to Facebook's REACT. But I see that the name is used in different industries and I was wondering If I could trademark it even if it is used elsewhere.

Eugene Vamos
Eugene Vamos
answered on May 3, 2023

The key question is whether the goods/services are "related" to each other. This is a multi factor assessment based on a) whether other organizations offer both your goods/services and the cited third party’s goods/services under the same mark b) the marketing methods of the junior and... View More

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1 Answer | Asked in Products Liability, Small Claims, Intellectual Property and Trademark for Wisconsin on
Q: Can a distributor ship products of another brand who has permission to use a 3rd companies logo on the product w theirs

I as a distributor of tea products place a brand customer's custom logo on the product and ship to their customer when they have orders. If one of these brands also has us place another 3rd parties logo (a 501c charity they raise money for) on the product am I at risk of any legal liability... View More

Eugene Vamos
Eugene Vamos
answered on Jun 21, 2023

Those third party logos are someone's intellectual property, and I would advise you to obtain some kind of proof from your customer that these third party logos are allowed/licensed to be used in the particular product.

1 Answer | Asked in Copyright, Business Formation and Business Law for New York on
Q: What process would I have to go through to get permission to use Miller logo on some of my clothing brand designs?
Eugene Vamos
Eugene Vamos
answered on Jun 21, 2023

Most prudent way is to contact Miller's licensing department and obtain an license for the use of their logo.

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: If I use a service, and that service allegedly violates a patent, what is my liability?

I have been contacted by a firm representing a patent holder. They are seeking damages. I entered into a contract with a service provider claiming to have exclusive ownership of the IP. Am I liable? If so, to what extent? What steps should I take in the matter?

Eugene Vamos
Eugene Vamos
answered on May 26, 2023

You should immediately contact an Intellectual Property attorney so he/she can review your situation, including the Cease and Desist letter, the alleged infringed patent, and the contract that you signed with the service provider. There might be language in that contract that explains liability... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... View More

Eugene Vamos
Eugene Vamos
answered on May 25, 2023

None of these attestations are part of the process within the Trademark Office (USPTO). The next step in your application is for the trademark examiner look at it, but that is pending.

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2 Answers | Asked in Trademark for Utah on
Q: Is it possible to use RL (from Ralph Lauren) In our brand name? Like RL clothing, RL vintage etc.
Eugene Vamos
Eugene Vamos
answered on May 4, 2023

In short, No. RL is part of a portfolio of trademarks that protect the Polo Ralph Lauren empire. I strongly suggest that you do not pursue this trademark as it will immediately incur the wrath of Polo Ralph Lauren and its lawyers.

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3 Answers | Asked in Copyright and Intellectual Property for Arizona on
Q: I signed a promissory note, at the bottom of letter it says copyright 2019-2022. Is the note still valid since it’s 2023
Eugene Vamos
Eugene Vamos
answered on Apr 18, 2023

The notation at the bottom of the page "Copyright 2019-2022" most likely has nothing to do with the actual substance of the promissory note. You should take the promissory note to a contracts attorney for her review.

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4 Answers | Asked in Intellectual Property, Trademark and Copyright for Florida on
Q: Do I need 2 copyrights if I intend to sell my logo on hats as well as stickers?

I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... View More

Eugene Vamos
Eugene Vamos
answered on Apr 10, 2023

I think you are confusing the copyright application process with the trademark application process.

When you talk about the categories of Shirts and Stickers, it **seems** you are actually doing a trademark application.

However, an attorney would need to see what you are doing...
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3 Answers | Asked in Trademark and Intellectual Property on
Q: I have trademarks registered for 3 alcohol brands. Do these expire and require renewing?
Eugene Vamos
Eugene Vamos
answered on Apr 3, 2023

To maintain you US registration, the trademark owner needs to provide proof of use between the 5th and 6th years of registration and then between the 9th and 10th years of registration, and then every 10 years. If that does not happen, the marks will be deemed abandoned

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