Get free answers to your legal questions from lawyers in your area.
None
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... View More
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.
I would like to know if anyone can help.
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... View More
If a competitor copies your advertising and claims your work product as his, is there a basis for a lawsuit other than trademark infringement?
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... View More
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)
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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... View More
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.... View More
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.
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.