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Questions Answered by Timothy John Billick
3 Answers | Asked in Intellectual Property and Trademark for South Carolina on
Q: Question on International Classes as listed in the USPTO can there be more than one per class?

My company prints clothing & we want to print shirts with a certain word on it. This word is a verb & describes the action of the specific activity, a pretty common one.

We discovered a company owns the trademark for the word. Its not their primary brand but they have a product with... Read more »

Timothy John Billick
Timothy John Billick answered on Dec 29, 2020

It is possible, but not likely. Shoes could be viewed as being too similar to shirts and hoodies because they are all apparel.

That said, trademark confusion analysis is highly fact-intensive and depends on a number of factors. You should consult a trademark attorney before you take any...
Read more »

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2 Answers | Asked in Patents (Intellectual Property) on
Q: Hi, I am looking to sell water filter jugs via Amazon. I'm from the UK, is this patented or can I sell it? Thanks
Timothy John Billick
Timothy John Billick answered on Dec 29, 2020

An experienced patent lawyer like myself should be able to conduct a patent search and provide a "freedom to operate" opinion on your products. Without more detail about your product, however, I cannot answer this question.

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Q: is the blade component in this product patented if I wanted to develop a Equine deshedding tool that uses a blade?

different handle and no cleaning mechanism

Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

An experienced patent attorney like myself would be able to compare the patent(s) at issue to the product(s) you intend to develop and give you a proper answer.

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: We are looking for a copyrights lawyer to defend a case in Michigan on urgent basis, please contact if someone can help.
Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

Justia is a great resource for finding IP lawyers. And many IP lawyers can work in multiple states under certain circumstances. For example, I have litigated cases in Washington, Oregon, California, Arizona, and Indiana (among others).

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: If my painting was used on a blog with my permission, can another online publication use same image if I own copyright?
Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

It depends on what rights you gave to the blog, and if your subsequent usage would exceed those rights. Talk with an experienced copyright lawyer.

1 Answer | Asked in Trademark, Copyright, Business Law and Intellectual Property for Pennsylvania on
Q: My question is about avoiding violating a third-party trademark.

My question is about avoiding violating a third-party trademark.

Here’s a quick summary:

A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... Read more »

Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

It depends on how you use the trademarked image. Trademark infringement depends on a lot of factors such as: (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)... Read more »

1 Answer | Asked in Trademark for Florida on
Q: Can the word Muggle be used in book title? Since titles can’t be trademarked?
Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

You still run the risk of copyright infringement from the Harry Potter rights holders; for it is well-established that characters are subject to copyright protection. This is a gray area, however, because "muggle" is essentially a race within the HP world, and the HP rights holders would... Read more »

2 Answers | Asked in Trademark for Pennsylvania on
Q: Would using "PacMan" as an Artist/Musician name, infringe upon the PAC-MAN trademark? No logos and no hyphen

PAC are the initials of the artist that wants the stage name PacMan. Again no logos would be used from the game, as well as it being in the music industry, I wasn't sure if it would infringe without the hyphen, as well as the use of it for "entertainment"

Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

Again, my colleague is not completely correct.

Trademark infringement depends on a lot 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,...
Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Wyoming on
Q: Im designing a shoe similar to another brand in design, but find no patents for ornamental design, how can this be?

I understand companies use tricky terminology to describe their patents, is there a way to search just footwear patents?

Timothy John Billick
Timothy John Billick answered on Dec 29, 2020

Searching for patents takes a lot of practice and experience. Often it will take multiple searches to conduct a thorough "clearance search" for patents.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: Can I print a similar design but with different wording and logo as the texas roadhouse logo without infringing trademak
Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

Trademark Infringement is a multifactor consideration 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 in selecting the mark,...
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2 Answers | Asked in Copyright and Trademark for Massachusetts on
Q: Hello, I want to trademark Keep it Kind Clothing. Is it available?

There is this filed.

KEEP IT KIND

Filed: September 6, 2019

Clothing, namely, shirts and hats

Serial Number: 88979131

Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

I disagree with my colleague. It depends on how you intend to use the mark in question. Trademark infringement depends on a range of factors including the following:

(1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5)...
Read more »

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2 Answers | Asked in Copyright and Gaming for Arizona on
Q: Am I able to use music from a game I am making a video review on in that video?

I am unfamiliar with copyright laws so I needed help with several questions regarding copyright and fair use. If I make a video review of a video game, am I allowed to use music from that game in the video for the purpose of review/critique? Is it fair use? If not, how can I contact these companies... Read more »

Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

I disagree with my colleague. Critique and incidental use are two strong defenses to a potential copyright infringement claim. This is very fact-intensive, however.

It's a matter of what your risk tolerance is on a particular project. If you provide attribution, that lowers your risk.

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1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: If my interchangeable pin, that originally thought of myself has a snap, will that be unique enough?
Timothy John Billick
Timothy John Billick answered on Dec 2, 2020

I need more information before this question can be answered. Please consult with a patent attorney.

1 Answer | Asked in Patents (Intellectual Property) on
Q: RFID Minimalist Carbon Fiber wallet-many manufacturers and many sellers - I need patent help before sourcing to sell.

I have sourced this product from China - many OEM manufacturers who supply and sell these types of wallets on Amazon/ebay other platforms. I was advised by many suppliers that there is no issue to sell as they supply worldwide.

I have made some modifications to suppliers existing wallet -... Read more »

Timothy John Billick
Timothy John Billick answered on Dec 2, 2020

Don't listen to manufacturers for patent advice.

To determine if your wallet is patentable, please consult a patent attorney. This is a crowded field of art, so I would recommend a thorough search before filing for protection.

1 Answer | Asked in Patents (Intellectual Property) on
Q: can I obtain a patent for a software medical device application?
Timothy John Billick
Timothy John Billick answered on Dec 2, 2020

Yes this is possible. Consult with a patent attorney to ensure you claim "patentable subject matter," because software patents are often rejected on this basis unless you set up your application properly.

1 Answer | Asked in Business Law, Civil Litigation, Copyright and Intellectual Property on
Q: What action can be taken if an organization (or person) infringes IP (copyright) laws, through deletion of testimonials?

I believe that in the US, there is a defense that the infringement "is in the public good". I am in Sydney, Australia, and I would like to remediate the offense (if it is indeed an offence, and prevent further infringements.

Timothy John Billick
Timothy John Billick answered on Dec 2, 2020

There is not enough information here to answer this question.

2 Answers | Asked in Copyright and Patents (Intellectual Property) for California on
Q: Does this language dissalow the usage of a two layer collapsible elastopolyer design in hexagon fashion?

"The pillow cushion has a first major surface, a second major surface, and deformable wall members extending between the first major surface and the second major surface. The deformable wall members are located and configured to define voids therebetween such that the deformable wall members... Read more »

Timothy John Billick
Timothy John Billick answered on Dec 2, 2020

I agree. We need to see the claims read in light of the specification to see what is covered.

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1 Answer | Asked in Copyright for Texas on
Q: if I make a PowerPoint lecture based on someone else's book, am I violating his copyright?

I'm a tutor but not an author.

Let's say I'm teaching poker.

1) I've made a set of PowerPoint slides based on various books that I use when I teach. There are famous card hands given as examples. I know that the hands can't be copyrighted, and the analysis... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 24, 2020

1) Copyright covers the expression itself, not the idea. So if you're discussing strategies/approaches/ideas your risk should be low. If this is strictly for educational purposes (i.e. you're only using them for private instruction), this also helps you in a fair use defense to a... Read more »

1 Answer | Asked in Identity Theft, Lemon Law, Sexual Harassment and Trademark for California on
Q: Can you help me p

Someone been got into my phone

Timothy John Billick
Timothy John Billick answered on Oct 22, 2020

Please consult a privacy attorney to help you with this matter.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for North Carolina on
Q: Does the jelly belly have a patent on their product?
Timothy John Billick
Timothy John Billick answered on Oct 22, 2020

Please consult an experienced IP attorney to full assess the particular rights of any company. A "FTO" or "Freedom to Operate" opinion is a very important and detailed analysis that should not be taken lightly. To get you started in the right direction, consult the Patent and... Read more »

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