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Questions Answered by Griffin Klema

1 Answer | Asked in Copyright and Trademark for Virginia on

Q: If I have a slogan or catchphrase for a hat, T shirt, and/or pennant, do I need a copyright or a trademark to protect it

Griffin Klema answered on May 3, 2019

Usually, things printed on clothing are not considered identifiers of source. Trademark protects against source confusion, and frequently the things printed on clothing are considered ornamentation rather than suggestive of the quality or origin of the clothing itself. Nevertheless, you may be able... Read more »

1 Answer | Asked in Trademark for Florida on

Q: My trademark is registration number 5151077 Someone registered it in Turkey am I protected Internationally?

Can you please let me know what I can do?

Griffin Klema answered on May 3, 2019

No, a US registration is limited to the US. You would need to follow the Madrid Protocol to secure trademark rights in other countries. If you are selling products in Turkey, and someone else has a registration, there are several things that need to be addressed (such as whether the person is... Read more »

1 Answer | Asked in Trademark for Michigan on

Q: Good Evening: Is McCaughrin Maritime trademark currently up to date?

Let me know at brianrmccaughrin@gmail.com

Griffin Klema answered on May 3, 2019

Yes, that mark is "live" (reg. no. 3646694).

1 Answer | Asked in Trademark on

Q: Is it possible to register a trademark "JOUST" and how much does it cost?

Griffin Klema answered on May 3, 2019

That all depends on what products or services the mark will be applied to. Usually, a trademark attorney will review existing marks to determine whether it is a registrable in the first place, and then also include in the services preparing a trademark application if it is. Expected budget $500... Read more »

1 Answer | Asked in Trademark for Indiana on

Q: Is Cubby Bear fed and/or state trademark

I’m planning on opening a sports cafe in Indianapolis area

Griffin Klema answered on May 3, 2019

If you're going to be a Chicago Cubs themed bar, you might need a license from the team. Even if that specific phrase is not trademarked, you could run into problems, and I recommend allocating some of your startup budget to legal counsel on this issue (and perhaps proper licensing, business... Read more »

1 Answer | Asked in Copyright and Intellectual Property on

Q: hello, I wanted to know if there´s still a trademark over "Let's Roll" and based on what law was it patented

Griffin Klema answered on May 3, 2019

A patent is not the same thing as a trademark, and a slogan is not patentable but may be a trademark. Try searching the USPTO's website, TESS (trademarks) for the mark in question.

1 Answer | Asked in Intellectual Property and Trademark on

Q: looking to register or edit a US trademark for Amazon selling purposes

looking for someone to register an American trademark with a large number of classes, or finish a trademark which I`m buying together with Amazon account (if possible). Does somebody help with TM and the brand registries on Amazon?

Griffin Klema answered on May 3, 2019

Yes, there are many attorneys who can help you with this. Based on what you describe, you might require what is called a "house mark." Just be forewarned that for each class the USPTO charges a fee of at least $250. I would be pleased to discuss how I can help fulfill your goals: 202-713-5292.

1 Answer | Asked in Intellectual Property and Trademark on

Q: what actions can be taken when a person breaches a private undrtaking, i.e. given to the trademark holder & not in court

The company/person who has a registered trademark comes to know that his trademark is being used by some other person/company. The trademark holder company sends a cease and desist notice to the infringing party upon which they gave an undertaking that they shall not use the said registered... Read more »

Griffin Klema answered on May 3, 2019

If the "undertaking" as you describe it is an enforceable contract, then it might be breach of that contract. If there is no contract (i.e. settlement agreement or license), then there may be a valid claim for trademark infringement. It doesn't matter that the agreement was not part of a formal... Read more »

1 Answer | Asked in Copyright and Intellectual Property on

Q: how is google allowed to show images from any website in the world without prior consent, including copyright images etc

please email us at: concierge-66203@mg.magic.gd

Griffin Klema answered on May 3, 2019

Fair use. This topic has been heavily litigated, and there are many cases about what is allowed and what is not.

1 Answer | Asked in Intellectual Property for Texas on

Q: I was working as an independent contractor for a company, can I sue for intellectual property?

The company’s owner was involved in a lot of fraudulent activity upon which his father “bought out” the company and requested I create a new company name, logo & slogan. I did so and because of refusal to compensate fairly, my

contract was ended. I’ve sent a cease & desist letter to... Read more »

Griffin Klema answered on May 3, 2019

A lawyer would have to evaluate the contract you signed to determine if you agreed to transfer your creative rights to the company that contracted you. Contact a Texas attorney, assuming your contract is governed by Texas law (it could be any state).

2 Answers | Asked in Traffic Tickets, Car Accidents, Insurance Defense and Intellectual Property for Florida on

Q: My sister crashed into a lady's car, while no major damage recorded by the cop the lady is suing us for over 10K+ estim.

My sister had a minor car accident when she hit an old lady's car while changing lanes, but it wasnt a major accident as it only scratched the lady's car. The cop gave my sister just a warning as it was her first accident and the damage was really low, even the lady said she wasn't hurt. Fast... Read more »

Griffin Klema answered on May 3, 2019

I would be pleased to discuss how you can defend the case: 202-713-5292 (cell).

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1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Florida on

Q: Can I be compensated in Florida from my phone company/apartments for causing missed time from my work from home job

I moved into an apartment complex that requires you to use their internet/phone company. I have a work from home job taking inbound calls. In three weeks living here, I have missed nearly 40 hours of work from phone outages due to no fault of my own. Am I able to somehow seek compensation for lost... Read more »

Griffin Klema answered on May 3, 2019

Probably not, unless there is some document indicating that (1) you can operate a business from your apartment (this is frequently prohibited by the condo/apartment building), and that (2) the owner/condo agreed to provide the internet service with certain guarantees or warranties about up-time.... Read more »

1 Answer | Asked in Consumer Law for Florida on

Q: Can a seller charge a credit card convenience fee?

Griffin Klema answered on May 3, 2019

Absent some agreement with the card processor, yes. Florida Statute 501.0117 was ruled unconstitutional. See Dana’s RR Supply v. Fla. Attorney Gen., 807 F. 3d 1235 (11th Cir. 2015).

1 Answer | Asked in Consumer Law for Florida on

Q: Hi we bought a vehicle this evening about an hour after the purchase the dealership called and said they screwed up did

Not put the pay off for the vehicle we were trading in and now my payments will go from 409. To 700. That was not the agreement.

Griffin Klema answered on May 3, 2019

This sounds suspicious. I've sued dealerships before, and would be pleased to discuss your case further: 202-723-5292 (cell).

3 Answers | Asked in Car Accidents, Personal Injury, Probate and Wrongful Death for Florida on

Q: How do I locate a frugal lawyer for filing court docs (Administration Letter) without opening up a whole probate case?

I need assistance to file a summary or letter of administration in Pasco county, Hudson, FL. for an inexpensive fee. There really is no estate, only a wrecked motorcycle, and an insurance claim for the motorcycle of >$4,500. For the past 4 years, my uncle resided rent-free, at my property in... Read more »

Griffin Klema answered on May 3, 2019

I suggest contacting a legal aid clinic. They often are able to help with cases like this. Since you're in Pasco County, Bay Area Legal Services might be able to help. Good luck.

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1 Answer | Asked in Family Law, Products Liability, Gaming and Social Security for Maryland on

Q: Can my parents take my phone

Can my parents take my phone if I am 15 and I bought the phone under my own name and with my own money. If they take it away is that stolen prop

Griffin Klema answered on May 3, 2019

Whether it is "stolen" or not, I'm guessing there's at least a fair reason the phone was taken from you, even though you seem to disagree with that reason. At 15 years old, you are probably still considered a "minor" which means you are too immature to have certain rights (i.e. vote, consume... Read more »

1 Answer | Asked in Copyright and International Law for Idaho on

Q: Battle Angel Alita created in Japan 1990 Epic Stone Group registered "Battle Angel" 2012, sued Fox Studios 2019, valid?

This seems odd that a pre-existing property that pre-dates this copyright registration by an American company would be at any risk for legitimate lawsuit. How can an existing intellectual property be registered to a company whom has no legal contract or agreement with said owners, and furthermore... Read more »

Griffin Klema answered on May 3, 2019

You ask a very interesting question, but unfortunately, it is laden with too many factual issues to provide a clear answer. Your best bet is to study copyright infringement, and when derivative works are insufficiently indistinct from the original source material. There might also be contractual... Read more »

1 Answer | Asked in Copyright on

Q: Hello, I am the grandson of Stefan Ardeleanu, Patent number: 4166419 Type: Grant , can I get any money?

Ddddddd

Griffin Klema answered on May 3, 2019

Almost certainly no. That patent expired long ago, and unless (1) there was a license and (2) there are unpaid royalties under that license, there is no money just because there's a patent.

3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on

Q: Good morning. This compagny is selling a copycat of our patent product. a warning letter do not stop the sales.

what can we do?

Griffin Klema answered on May 3, 2019

I agree that the letter you sent should be carefully evaluated. Besides a patent infringement lawsuit, you might be able to pursue a Section 337 ITC action (international trade commission) that would prevent importing the infringing product into the United States. Obviously, if they're making it... Read more »

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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Delaware on

Q: What is the cost to protect an invention and what documents do i need to provide?

Griffin Klema answered on May 3, 2019

The FULL cost to patent something depends on the scope of protection you want. The cheaper fees you might be getting quoted ($3k to $5k) might lead to a very narrow (less valuable) patent, and most importantly, that is only to get the process started! It is very unlikely you will get a patent... Read more »

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