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Questions Answered by Alan Harrison
2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: I have a couple of question regarding patent law on a clinical lab testing assay.

There is a current technology that has a patent that will be expiring soon. I have an assay that was some basis on the technology in the expiring patent and have changed the assay significantly enough that it is different from the original but encompasses the technology. What are the cost... View More

Alan Harrison
Alan Harrison
answered on Apr 16, 2024

Cost for a patent application varies and most practitioners do not discuss pricing publicly. You get different quality of work depending how much you're willing to pay, but other factors also affect the pricing - size of firm, overhead, what other clients are willing to pay, etc.

A...
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3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

Alan Harrison
Alan Harrison
answered on Apr 1, 2024

Taking your question at face value, if your parents move in with your grandma but tell you that you can't move in with them, that is the kind of situation that would possibly cause the state to TPR, in which case you likely would be ordered to live with the closest adult relative who would... View More

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2 Answers | Asked in Trademark and Intellectual Property on
Q: Hi, I am Raymond, digital art creator, how can I start trademark my brand name for my digital art?

I am dealing in mainly digital art, which focusing in NFTs, without registering the trademark, I feel not secure to launch my NFT with my brand name. I am in Thailand right now, but soon moving to Hong Kong,

Which kind of trademark do I need to register as well as the cost to register and... View More

Alan Harrison
Alan Harrison
answered on Apr 1, 2024

Filing for a U.S. trademark that you already are using will cost $250-$350 in government fees plus about an hour of attorney time. I takes about one year to eighteen months to obtain registration. You can and should use the trademark during the application process. The only thing to watch out for... View More

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2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: Can I legally copy copyrighted code examples that do a basic function for use as building blocks?

I want to build a collection of simple programs that are essentially building blocks to build original programs. An example would be a program that demonstrates multiprocessing with four threads.

Alan Harrison
Alan Harrison
answered on Mar 26, 2024

Like many software copyright questions, this one is fun to answer because it implicates the "merger doctrine" of (c) law.

Expressions of ideas have copyright as soon as the expression is made. Ideas themselves cannot have copyright. For example, detailed instructions for making a...
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2 Answers | Asked in Copyright and Intellectual Property for Maryland on
Q: IS COLORING SOMEONE ELSES MANDALA DESIGN FRAMING IT AND SELLING IT ILLEGAL??????
Alan Harrison
Alan Harrison
answered on Mar 22, 2024

It depends on what license they gave you for the design. Did they give you a license for personal use only or for commercial uses as well? If they did not give you any license at all, it definitely is not a good Idea to sell their work as your own.

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2 Answers | Asked in Trademark and Intellectual Property on
Q: I want to get a trademark for my clothing brand. I live in Norway and want to gain full owner rights over my brand.

I want to have an international trademark so I have owner rights everywhere in the world. I don't know what way to go and need some guidance.

Alan Harrison
Alan Harrison
answered on Mar 19, 2024

As a resident of Norway who wants an international trademark, you can find good resources at https://www.patentstyret.no/en. They may even have a list of attorneys or agents who could help you to make an international filling. Because Norway is not part of the EU, you would need a Norwegian... View More

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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
Alan Harrison
Alan Harrison
answered on Mar 16, 2024

The Copyright Office has repeatedly said that you can't get a copyright in AI generated art. You should be fine to copy AI art from anywhere. The people who posted the art can't even file a valid suit without getting the art registered in the Copyright Office.

NOTE: My answer...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: Can a court documents like a TRO be served via email? If I respond to this email, does this change anything?

I’ve received an email from what I believe is a legitimate law firm stating I have an infringement complaint against me. The email links to a site hosting documents that look like court documents. The complaint appears to be that a product I’ve been selling is infringing on a design patent that... View More

Alan Harrison
Alan Harrison
answered on Mar 14, 2024

It depends. Email service is not typically valid in Arizona. However, a federal district court can serve anyone in the United States based on the rules of the state where the court sits. So if for example you were sued in a Florida federal district court (as might happen for patent infringement... View More

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: I am wondering about trademark law specific to a product and words rather than a logo/brand company name.

I made a chronic illness planner. Another company has a trademark on the words-UTOPS confirmed, "Chronic Illness Planner." (It's not their brand nor logo/company name but trademarked to their specific planner product). What are the safe bounds for my product and name, (which would... View More

Alan Harrison
Alan Harrison
answered on Mar 13, 2024

I am skeptical that someone actually registered a trademark for such a descriptive or even generic combination of words. Because you have not engaged me I have done no work to investigate or confirm your facts. Taking what you say as true, there is a very limited scope of protection for a... View More

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1 Answer | Asked in Estate Planning for Puerto Rico on
Q: My father in law a resident of Puerto Rico passed away recently. A couple of years prior to his passing he had his

daughter open a bank account under her name and he gave her funds to put in it. HIs wish was that when he passed she would distribute the funds per his wishes. Which she did. 2 weeks after his passing someone found a will and is now saying that the money in her account should be part of the will.... View More

Alan Harrison
Alan Harrison
answered on Mar 11, 2024

That sounds like an inter vivos gift! Even if it was a joint account with rights of survivorship, that money typically would avoid probate and his daughter would be free to distribute it however she wished (maybe even if she didn't comply with your father in law's directions).

3 Answers | Asked in Internet Law, Business Law and International Law for Connecticut on
Q: My question is regarding EU Cookie Law compliance for a business located in the United States that only does business US

The thought here was to ONLY local Analytics and Conversion tracking systems in the United States only using a geo-targeting system. This would assure that no one outside the US had any kind of tracking or cookies at all (other than necessary). The question is, if a European user were to access... View More

Alan Harrison
Alan Harrison
answered on Mar 12, 2024

The basic answer is "yes" - if a European visitor uses your customer's site and is tracked in violation of European law, your customer could theoretically be subject to EU penalties. The visitor's use of a VPN does not affect your customer's obligations.

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2 Answers | Asked in Copyright and Intellectual Property on
Q: I am seeking legal council for a question I have pertaining to copyright and right of publicity?

I am reaching out to seek expertise on a copyright matter that pertains to the creation and sale of AI-generated images of celebrities, specifically Johnny Depp.

As an entrepreneur exploring opportunities in the digital art space, I am considering the possibility of generating and selling... View More

Alan Harrison
Alan Harrison
answered on Apr 24, 2024

Hi! This is an interesting and innovative question that I have seen a few times. The question confuses copyright and associated legal doctrine of fair use with rights of publicity, which are a completely different area of law that does not embrace "fair use".

If you have a...
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2 Answers | Asked in Copyright for Florida on
Q: If I wanted to copyright art for a new card game, would that protect just one card, or every single one?

I'm making a new card game, and while all of the art is original, I'm worried someone might steal it. If I were to copyright it would it protect all of my art or just one single card?

Alan Harrison
Alan Harrison
answered on Apr 24, 2024

You could file a copyright registration for each individual card or for the whole set of cards. If you file for the whole set as one registration and someone copied just one card there is an argument that their copying would be de mínimus (not a big deal) compared to the whole set of cards.

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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Can I trademark my company name/likeness?

Hi, I'm the founder of Skuza Asset Management LLC and I'm doing business as Natural Orange. Can I trademark these names?

Alan Harrison
Alan Harrison
answered on Apr 19, 2024

Yes. That's something I could help with. Or you could contact a local trademark / intellectual property attorney. You even could try to do it yourself, via the USPTO website (teas.uspto.gov) which is the same portal that your attorney would use. If you're interested in working with me,... View More

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2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Q: Can someone copyright strike your picture if you took it and it's of you but the background is inside their house?

I have some nonmonetary videos on YouTube and they're like slideshows of pictures of me. In some of them I'm at my boyfriend's parents old house. I took the pictures and they're just of me no one else but the background is inside one of the rooms of his parents old house. In the... View More

Alan Harrison
Alan Harrison
answered on Mar 30, 2024

The whole DMCA takedown threat is nonsense. Nobody has a copyright in the appearance of a room in their house. You have a copyright in your slide show.

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If an infringement claim is approved, do you need to pay a security deposit before the awarded amount get release?

I recently started a new business and have the company name and logo trademarked. The logo company and their legal team did a cast study and found four other businesses using our name so they went ahead and file an infringement claim on our behalf. Our claim was approved and the letter from USPTO... View More

Alan Harrison
Alan Harrison
answered on Mar 29, 2024

No, you are being scammed completely.

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2 Answers | Asked in Intellectual Property and Trademark for Illinois on
Q: Is it legal to repurpose designer bags for resale?

Would I be able to purchase an authentic designer bag, such as Louis Vuitton or Gucci, cut the bag into pieces (specifically the logo or designs) and then place them onto a different bag to resell? Would it still be illegal if I made sure to document that the new bag I’m selling has no... View More

Alan Harrison
Alan Harrison
answered on Mar 29, 2024

No. That's blatant trademark infringement.

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3 Answers | Asked in Intellectual Property, Copyright and Trademark for Florida on
Q: Can an organization copyright specific words as part of a business name vs. logo?

We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More

Alan Harrison
Alan Harrison
answered on Mar 26, 2024

This sounds like a trademark bully at work. We could discuss further if you'd like to contact me.

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2 Answers | Asked in Trademark and Intellectual Property for California on
Q: can this trademark be used in another application?

We manufacture diamond cutting tools and would like to use the term xtreme cut in our branding for a product line.

a quick search shows the term as abandoned by a tool cutting fluid manufacturer. But a search for them shows the current use of the term on their products.

Alan Harrison
Alan Harrison
answered on Mar 23, 2024

You've already done the first things that I would do about this.

The next questions I would ask are what is the proposed product line and would that product line be a natural expansion for the cutting fluid manufacturer?

Don't try to answer those questions in this public...
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2 Answers | Asked in Education Law, Intellectual Property and Copyright for New York on
Q: Access Rights to Professional Archive

I am currently writing a book about a scholar who passed away three years ago. This individual was a professor at a state university and a well-known public figure worldwide. On the website of his foundation, there is a list of all the lectures he delivered across the globe. I requested access to... View More

Alan Harrison
Alan Harrison
answered on Mar 21, 2024

When you ask for specific cases or legal rules on an abstruse issue like this, you are asking an attorney to do a couple hours of work for free. That is not an attractive ask.

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