Mr. Baron's answer is a good start. You will be pleased to know that there are certain limitations against enforcing judgments, in a process that is called "execution." I strongly recommend complying with the disclosures, and also read Chapters 56 and 77 of the Florida Statutes, and... View More

I would disagree with Mr. Grossman to some extent. You are the owner of the photos. Under copyright law, the right arises immediately upon creation. The context in which you were on the property also plays a role. Did you purchase a ticket to go to the ranch? If so, it may be a contract that... View More

I agree with Mr. Klurfeld's answer. Roads can be either public or private, and it's hard to tell just by looking at it. Whether they're gated or not is not determinitive of ownership.

It could be a poorly edited form cease-and-desist letter. Run it by a lawyer, since we can't see the letter here on the Justia website. If it is legitimate and you don't respond, you could wind up with a bigger problem.

Good luck!

Maybe. It depends on the relationship between the photographer and the model. Was the model employed? Was there an employment contract? How well known is the model? The photographer likely owns the copyright, but the model may not have licensed her "likeness" (a right of privacy).... View More

It sounds like there is an issue with possible deceit, trademark dilution, and perhaps infringement or disclosure of confidential information. The exact answer depends on the facts of the case, and there is too little information in your question to provide you with a more specific answer. If the... View More

Yes, the copyright (i.e. the legal right, not the registration) should still be valid. A copyright registration which includes erroneous information can be corrected. Review the procedures under section 1800 of the copyright office Compendium.

Regarding ownership, a copyright is always... View More

No. Patent term extension is not exclusive to therapeutic drugs (i.e. those listed in the Orange Book). Patent term extension is available depending on how the application was prosecuted, and events that occurred during prosecution.

It's unclear what you mean by "release." Does the club have any of your (or your son's) property? Are you at risk of being bad-mouthed by the club, or not invited back for next year? Based on the information you provided, it seems that there should not be anything further you... View More

Depends on whether you are the owner of the unit. Has the HOA issued a written warning or other notice of a rules violation? Andy is correct that much of the answer depends on the HOA documents, including the declaration, rules, and others. I recommend having a lawyer prepare a letter to the HOA... View More

This is a duplicate question from your other question. See my answer there.

There is no registration for VIERBIKES, so a trademark examiner would not likely deny your U.S. federal registration for VEER. (They generally only search for other trademark registrations, not whether there are other businesses in existence.) However, there are many marks registered as VEER, and... View More

Patents are different from trademarks. You might be able to register a new mark that was previously cancelled. See my blog post about doing that kind of analysis: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/

This needs to be assessed privately by a lawyer. You don't want the answer in a public forum like this. Plus it requires some analysis of your business, and the existing trademark registration to provide you with the answer you are seeking. I recommend you hire an intellectual property lawyer... View More

You can find the documents here: http://tsdr.uspto.gov/#caseNumber=87187168&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=documentSearch

The registration covers the words IT'S MIMOSA NOT MIMOSA, not the font or styling. That means the mark covers any styling of... View More

Although the spooky season has come and gone, here's an answer for next year's festivities: Try searching on TESS for the word, or on the WIPO brands database. If a mark is registered, you have to determine what classes of goods its being used on, and then compare that to what goods or... View More

Because you are engaging in reselling a product with a logo which is probably trademarked, that would most likely infringe on the trademark owner's rights. The short answer is no, you cannot legally sell such products without a license.

Copyright is most likely not an issue, but... View More

If you want to analyze the issues yourself (rather than a lawyer), you can follow the steps I outline here: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/

You may be able to register the mark for yourself. Trademark rights are based on use, not on a legal document called a "registration." I recommend hiring an intellectual property lawyer who can tell you whether you can just register a new mark yourself. See more information here:... View More

Generally, a trademark registration (different from the right itself) can become abandoned. However, the underlying right (based on use), can continue indefinitely, so long as it is being used in commerce. Sometimes, people forget or fail to renew a trademark registration, but that may not... View More