U.S. Patent rights only extend within the U.S. boundaries. But in some limited circumstances, foreign sales of a US-patented product *can* be subject to a claim for damages if they have a substantial impact on U.S. commerce. So if your product will have little-to-no impact on U.S. commerce, your... View More

An ADS when properly signed:

Establishes inventorship

Establishes applicant

Presents domestic benefit/foreign priority claims

There are no US federal trademark records for this EXACT phrase as of the date of this writing. However, you should reach out to a skilled trademark lawyer to do a more fulsome search to see if someone else is using the mark but just hasn't gotten around to filing for a US registration.... View More

Hello,

There are no US federal trademark records for this EXACT phrase. However, you should reach out to a skilled trademark lawyer to do a more fulsome search to see if someone else is using the mark but just hasn't gotten around to filing for a US registration. "Common... View More

This is a tough area of U.S. trademark law, and courts have different views on scope of trademark protection for buildings. On the one hand, rights-holders do have the right to exclude others from using the building images in commerce in a way that denotes "designation of origin" or has a... View More

You are bouncing between copyright law and trademark law; and a competent attorney would need more information before giving you some useful guidance here.

Copyright law is intended to protect your creative expressions, whereas trademark law is designed to protect words/phrases/logos/(and... View More

It depends on what it is you're trying to claim ... but if I understand your hypothetical correctly, it would be more accurate to state "the intellectual property of..."

This question is a little ambiguous though, so you should reach out to an intellectual property attorney... View More

Yes you do have rights in the collages. Hopefully you also have federal registrations for your works, for that will permit you to make a claim for statutory damages and attorneys' fees.

Your next step should be to consult with an experienced copyright lawyer to make sure you satisfy... View More

I agree with my colleague. Most of the time the Madrid Protocol is a great option for international registration. However, the filing fees in Madrid can add up quickly and steeply, and sometimes your goals for your brand might dictate a slightly different approach. You should speak with a trademark... View More

You should comply with all federal and local rules when submitting discovery requests. Without knowing more about this particular case, my recommendation would be to play it safe, follow the rules, and submit on pleading paper.

Yes I can certainly help with this matter. I have experience with mechanical and electrical inventions so feel free to check out my background and drop me a line at www.tbillicklaw.com

You will most certainly need a license from the person who holds the patent, or the licensee who has the ability to grant sub-licenses to the patent in question. If you are planning to make, use, sell, or offer for sale a patented invention you need permission to do so from the patentee.... View More

Without knowing what patent you're referring to, I can't answer this question fully. However, you can create various search terms around these elements if you utilize Google Patent Search, the USPTO database (PatFT), and the WIPO patent search database (patentscope) to get you in the... View More

You have a few options. Start with Google Patent Search, then the USPTO Patent Search, and then the WIPO patent search tools. Searching for designs can be a little challenging, for you have to get creative with various search terms and the like. You should reach out to an experience patent attorney... View More

You're straddling both copyright and trademark law. Trademark law covers brands, and is designed to protect against consumer confusion, "passing off," and association with a business. Here, you have a relatively low risk of infringing on the trademarks/brands of these companies... View More

The more you change the logo, the less risk you will have of infringing on the trademark rights of others. So yes, it does make a difference.

Hi there,

First, thank you for your service! Second, good on you for asking these questions ahead of time! Third, congrats on starting your business!

To the merits ...

Your risk of upsetting the USMC to the point of eliciting a Cease and Desist letter here is relatively... View More

The short answer is that it depends on how litigious the rights holders would be. Based solely on the information in this this hypothetical, your risk of infringement would be low. That said, characters are subject to copyright protection so an A-to-B comparison of the character(s) would need to... View More

US Pat. No. 8,402,728 a utility patent that covers what is described in the written claims at the conclusion of the patent. While the figures are highly relevant and instructive in determining the scope of the protection, you need to carefully read the claims to determine the scope. Claim 1 is the... View More

You should clarify your question. The patent remains enforceable for its entire life. Absent unique circumstances, this is generally 20 years from the earliest filing date from which the patent claims priority. Feel free to reach out to me with further questions.