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Questions Answered by Griffin Klema
1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kansas on
Q: If a symbol is trademarked for clothing, can the owner sue a copycat if it they use the symbol on a household item?
Griffin Klema
Griffin Klema
answered on Sep 17, 2017

Short answer: Maybe.

Long answer: It depends on whether the two goods are so related as to potentially cause consumer confusion (which is a core issue in trademark law). The other thing that must be evaluated is whether the crossover from clothing to "a household good" is within...
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3 Answers | Asked in Civil Litigation and Collections for Florida on
Q: What are the statue of limitations on FL county civil court regarding a previously uncollected relative owed 16k debt?

Brother went to jail and my wife/I maintained his car, insurance, lawyer, etc. and the end bill was about 16k. Not including any interest and such. He has never paid and has never had anything of value until recently. He has purchase a home, pickup truck, and even a boat. I know he will not... View More

Griffin Klema
Griffin Klema
answered on Sep 21, 2017

I disagree with Mr. WIlliamson. The statute of limitations only begins to run from when the breach occurred, not when the contract was formed. So it depends on when this person was "back on his feet" and you knew about his financial status that would have triggered repayment under the... View More

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2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I recently closed on my new home. Home grading and other issues remain unresolved. Course of Action?

I have problems with the coating of Travertine Floors. Builder tried to re-seal twice and made worse. Home was graded improperly. Water flows towards conservation which I am pretty sure is illegal and would effect resale.

Griffin Klema
Griffin Klema
answered on Sep 4, 2017

The issues you describe may have been what is called "open and obvious" defect, meaning they were visible (not hidden) before you purchased the property, and thus able to be inspected before closing. If such defects are not discovered and addressed during the executory period (between... View More

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1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Intellectual Property for North Carolina on
Q: I have been denied the purchase of fastpitch softball bats by the manufacturer. My question is can they do this?

I was purchasing bats from a authorized retailer and then providing them to kids who may not have been able to afford them. Sometimes for free and sometimes for a reduced cost. Never did I make a profit or was I trying to. Now the manufacturer has denied me from purchasing any products they sell.... View More

Griffin Klema
Griffin Klema
answered on Jul 5, 2017

Probably, yes, as long as the manufacturer is not doing it on the basis of discrimination (i.e. if you are what is called a protected class). Maybe try using a third party intermediary to purchase the bats for you (such as a lawyer, who may be able to structure the deal to protect your identity as... View More

1 Answer | Asked in Copyright, Intellectual Property, International Law and Internet Law for New Hampshire on
Q: A website copies our content 100%, as is, with no compensation to us. Where can we sue them?

We're based in an African country, but the offender is:

1. Registered in another African country - Mauritius

2. Operates in an altogether different African country - South Africa

3. Hosts their website in the UK

4. Has its parent/holding company registered in... View More

Griffin Klema
Griffin Klema
answered on Jul 5, 2017

It sounds like a very complex case, involving international copyright issues. You might consider asking yourself whether enforcement of your intellectual property rights will yield a net positive gain, because it sounds like a very expensive case to pursue legally, and may require a team of lawyers... View More

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: My website www.Clipedia.co offers a paid index that gathers youtube videoclips. is there any copyright violation?
Griffin Klema
Griffin Klema
answered on Jul 5, 2017

Maybe. This is a very interesting situation where you are essentially aggregating or curating particular content from another site, and earning money by doing so. The exact way you are conducting your business will likely inform the full answer to your question, and without further details on... View More

1 Answer | Asked in Business Law and Intellectual Property on
Q: IS THE NAME GIANFRANCO FERRE AVAILABLE OR I NEED A LICENSE?
Griffin Klema
Griffin Klema
answered on Jul 5, 2017

It is unclear precisely what you are asking about. In the United States, there are only certain rights to names of persons. If the person/name is famous, then it may give rise to a trademark right. Searching for GIANFRANCO FERRE seems to suggest it is an Italian fashion designer, and there is one... View More

1 Answer | Asked in Intellectual Property for Texas on
Q: Am i still liable for copyright infringement if the house wasn't built in the UK?

I am planning a house for me to build but i have trouble designing. I have found a house online built in the UK that has a layout that i like. Am i still liable for copyright infringement if I build the house in Texas.

Griffin Klema
Griffin Klema
answered on Jul 5, 2017

Maybe. That depends on at least a few things:

1. Whether the UK architectural plans are creative enough to even give the author a copyright. Not all architectural plans or designs are sufficiently unique, because there are only so many ways to lay out a residential home.

2....
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3 Answers | Asked in Business Law and Intellectual Property for New York on
Q: Can I use the font "master of puppets" like the one Metallica used for their band name to put on bathing suits and sell?
Griffin Klema
Griffin Klema
answered on Jul 5, 2017

It's a close call. If you are referring to the type face (such as "Times New Roman" or "Arial"), that depends on who owns the rights to the fonts appearing on the album, and it could be copyrighted or trademarked. It also depends on if you alter your font and how different... View More

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1 Answer | Asked in Copyright, Business Law and Intellectual Property for Florida on
Q: If you pay someone a lot of money for writing, and one of the docs is completely plagiarized, what are your options?

I paid someone $500 up front with another $750 due, for training materials. One of the documents was completely plagiarized from something else on the web (a paid course). How do I go about this? I paid via paypal... Will paypal give me my money back.

Griffin Klema
Griffin Klema
answered on Jun 12, 2017

Well, there are likely several options.

First, try to work things out with the other side, and advise them that you believe the work product they provided appears plagiarized and you are concerned about your liability in using/selling the materials. See if they are willing to re-write the...
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1 Answer | Asked in Business Law and Consumer Law for Arizona on
Q: Do I have to let my customers know who my wholesaler is?
Griffin Klema
Griffin Klema
answered on Jun 11, 2017

Your question is a bit vague because it's unclear what kind of business you are conducting, and thus it's impossible to give you any kind of real guidance. For example, there may be regulations (federal or state) that require certain disclosures to consumers. Otherwise no, generally you... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I come home and my roommate has put all my things out and told me not to come back. I am on the lease. Can she do that?

This girl was once my girlfriend. We no longer are a couple and have been living in the unit together as friends. I moved into the living room. Everything was fine until I came home from vacation and she moved all my stuff out and told me not to come back. But I am on the lease. I am not sure how... View More

Griffin Klema
Griffin Klema
answered on Jun 11, 2017

No, she cannot. If you are a lawful tenant under a lease agreement, you have the right to occupy the property according to the terms of the lease.

Potentially you may have the ability to sue her for damages for kicking you out (dispossessing you of the property), assuming she doesn't...
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1 Answer | Asked in Entertainment / Sports, Contracts and Intellectual Property on
Q: My contract w/my agent exclusively binds me & my co-author to her. Are my solo projects also exclusively tied to her?

The wording of our agreement is vague on this. It's obvious that our joint project is the main focus, and clearly states that any work that my co-author and I do together are legally bound to her services.

But if I write my own solo books, on other topics, must I use her as my agent?... View More

Griffin Klema
Griffin Klema
answered on Jun 11, 2017

Yes, you can always shop around for a lawyer who is willing to work within your budget. I suggest trying to find a lawyer who will charge a flat fee rather than an hourly rate. Also find someone who can look over the contract during a free consultation. You might not get an answer during that... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: I want to trademark UNLABELED FOR my clothing brand. Is it already taken ?
Griffin Klema
Griffin Klema
answered on Jun 11, 2017

You can search for federal trademarks at the USPTO via the TESS system. There are two possible registrations that may prevent you from securing a trademark: "Unlabeled Society" and "Unlabeled State of Mind." Both are registered in international class 25 (clothing). So, if you... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Maryland on
Q: i created a t-shirt that went viral and is now being copied on multiple websites. what can i do?

the shirt says "Dear Racism, I am not my grandparents. Sincerely, These Hands."

Griffin Klema
Griffin Klema
answered on Jun 11, 2017

First things first: register your copyright with the U.S. Copyright Office. The filing fee is small ($30). An attorney can help you with that process, and it's important to ensure that the registration is properly filed.

You may also want to try trademarking the slogan. Filing an...
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1 Answer | Asked in Business Law, Contracts, Copyright and Intellectual Property for Texas on
Q: If my company has not copyrighted any of my designs that they are using how can I protect myself from them & others?

I work for a very small, family-owned, kind of haphazard company. I do all of their marketing design. Due to the nature of the company they have not taken proper actions to ensure their rights or mine are being protected. I have not signed any kind of document (that I recall) entitling them to... View More

Griffin Klema
Griffin Klema
answered on Jun 11, 2017

Copyright (the right itself) arises as a matter of law at the moment of creation. There is nothing further one must do to acquire a copyright. However, enforcing a copyright through an infringement action requires that one register the copyright before filing a lawsuit.

Your particular...
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1 Answer | Asked in Intellectual Property for Florida on
Q: How do I file a claim of trademark infringement?
Griffin Klema
Griffin Klema
answered on Jun 11, 2017

You will need to file a lawsuit against the accused infringer. Depending on your trademark rights, you may have common law claims (state-level), and/or a federal claims (Lanham Act), and thus those rights will determine where you can file a lawsuit.

Litigation is not something I recommend...
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3 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: is it copy right infringement if I change all of the words and numbers from college exams and profit of off it?

The university exams are copyrighted by professors. I am planning on altering all the numbers, words and images before I start selling them online.

Griffin Klema
Griffin Klema
answered on Jun 11, 2017

I partially agree with the other attorneys.

With respect to Mr. Jaap's answer, one clarification I would offer is that a copyright registration is not the right, it's just evidence of a right. The copyright (as an intellectual property asset) comes into being at the moment of...
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1 Answer | Asked in Intellectual Property for Florida on
Q: If a trademark is abandoned is it okay for me to use it?
Griffin Klema
Griffin Klema
answered on May 18, 2017

Maybe. A primary element of trademark law is use, and a registration helps put people on notice of use, but does not guarantee that someone isn't using the mark. It’s possible that the trademark owner didn’t renew the mark, but is still using it, and thus would still have trademark rights... View More

1 Answer | Asked in Consumer Law, Business Law and Intellectual Property for Illinois on
Q: I have a startup, involves catering food from third parties, can the origin of the food be kept as a trade secret ?

none

Griffin Klema
Griffin Klema
answered on May 18, 2017

It is unclear what you mean by "origin" of the food. The real question is what are you trying to protect? A recipe? The identity of your wholesalers/sources?

There is a whole host of regulatory issues regarding sale of food and beverages, and they will certainly determine how...
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