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Questions Answered by Mr. Ilya Libenzon
1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Is a patent that has expired public domain

None

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Jul 28, 2011

When patent publishes it is open/available to the public in exchange for a right given to a patent holder to exclude others from making, selling, offering for sale, etc. Upon expiration of a patent term, the patent holder has no right to exclude others anymore, but the patent itself remains in a... Read more »

1 Answer | Asked in Intellectual Property for Maryland on
Q: Is it better to settle or get a lawyer in the case of copyright infringment
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Jul 28, 2011

It really depends on the facts of the case. I would recommend consulting an intellectual property attorney to assess whether it is better to settle or proceed with the litigation.

1 Answer | Asked in Intellectual Property for New York on
Q: I gave a company an idea on one of its products and they took it and ran.

I would like to know if anyone can help.

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Jul 27, 2011

It really depends under what circumstances you gave your idea to that company: did you sign an NDA (non-disclosure) agreement, or entered into any other contracts with the company, did you work for the company, and if yes, then in what capacity (e.g. independent contractor, employee, etc.), and so... Read more »

1 Answer | Asked in Intellectual Property for Nevada on
Q: Other than trademark law, what is the basis for a plagiarism or unfair competition lawsuit?

If a competitor copies your advertising and claims your work product as his, is there a basis for a lawsuit other than trademark infringement?

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Jul 27, 2011

copyright law could be the basis for a plagiarism

1 Answer | Asked in Intellectual Property for California on
Q: I filed for trademark and someone opposed it. How can I assess whether I should respond or abandon it?

The one who filed the Opposition is in an entirely different field. I wonder if a well written response could conclude this issue, or if it will be a long fight, perhaps better to abandon my mark. I need an opinion and assistance responding, if appropriate. I am considering trying to deal with this... Read more »

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Jul 27, 2011

I think you have a good chance of success by arguing that the trademark of the one who is opposing your trademark is in an entirely different field (you can argue that there will be no likelihood of confusion to a consumer who buys these two different products/services)

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: If an international brand/P don't patent the design,suddenly other brand copy it.How P will sueD over IPright infrigemnt
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Jul 26, 2011

You may have some protection available under trademark law for your design as a trade dress, depending on some factors.

You may also protect your design under copyright law as a design of a useful article, depending on some factors.

And, finally, you may try to obtain a design patent...
Read more »

1 Answer | Asked in Intellectual Property for New York on
Q: I added the trademark and copyright symbols to my internet only radio programs show info & logo does this protect me?

See I can not afford to trademark & copyright filing but I was told adding them anyway would discourage people from trying to use them with out my permission, I need to know if this is true and if there is a very cheap or even free way to apply for trademark & copyright.

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Jul 26, 2011

I would recommend registering your work for better protection. You can do it on-line at USPTO.gov (for registering trademarks) and at copyright.gov (for copyrights). Just make sure to search for similar trademarks. I would recommend consulting an intellectual property attorney - some would charge a... Read more »

1 Answer | Asked in Intellectual Property for Nevada on
Q: Slogan idea, some copyright or trade mark on a slogan base there is so many slogan on a t-shirt, what to do copy/trade,

Slogan idea, some copyright or trade mark on a slogan base there is so many slogan on a t-shirt, what to do copyS/tradeS. I like to know is their any legal rules on copyrightS or trademarkS base on the slogan on t-shirts & accessories, and what to do from here, is their regulation rules and... Read more »

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Jul 26, 2011

You can register your slogan as a trademark if you use it to identify your goods (t-shirts, etc) to distinguish your product from those manufactured and sold by others.

In regard to copyrighting your slogans, words and short phrases, such as names, titles, and slogans, familiar symbols, etc...
Read more »

1 Answer | Asked in Intellectual Property for Tennessee on
Q: Do I need to register my work with the US Copyright office before sending a cease and desist letter?
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Jul 26, 2011

You do not have to register your work for this purpose.

You only have to register your work before instituting an action for infringement. Since a cease-and-desist letter only threatens a civil lawsuit if the recipient continues the undesired activity, technically it does not constitute an...
Read more »

1 Answer | Asked in Intellectual Property for Massachusetts on
Q: I want to trademark a name. Can I do that online cheaply rather than get a lawyer to do it? I am a small company.
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Jul 26, 2011

You can apply on-line, but I would recommend conducting a trademark search/risk assessment by looking for identical marks on USPTO or trademark.com sites, I would search for both federal and state registered marks, and also I would look for those marks that could potentially create a likelihood of... Read more »

1 Answer | Asked in Intellectual Property for Massachusetts on
Q: The company i work for is in middle of copyright infringement issue. A picture of my place of employ, from 4 + mnths

Ago shows the item in question. However the company suing mine says its from last week. The owner was mad and threaten to fire myself and direct supervisor, however once i saw picture i knew it was older. i can prove this but i fear i will be clollateral damge, to fire me as a form of good faith.... Read more »

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Jul 26, 2011

I would recommend consulting with an employment attorney. At the very least, please explain your situation in more detail, because from your question it is not quite clear what the issue is.

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