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Questions Answered by Griffin Klema
2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Can I be sued personally for trademark infringement without the plaintiff first sending a cease and desist to my corp?

My company and it's name were created a few years before the name was trademarked by an individual/person. The individual used sloppy specimens showing use by his corporate entity with no similarity in word mark even shown, and again; filed as an "individual/person" but still got the... Read more »

Griffin Klema
Griffin Klema
answered on May 3, 2019

Torts committed by a company director/owner/employee can be pursued against the individual. Infringement is one such tort. It sounds like you may have some defenses, and I would be pleased to discuss the case further with you: 202-713-5292 (cell).

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1 Answer | Asked in Copyright for Utah on
Q: With DMCA Notices, must I give the exact link to where the infringing material is or can it be a link where it may be?

I have been harassed by a troll website for the past few years and they continue to post my copyrighted works, namely: a book and a song. A few days ago, I sent the owner of the site a DMCA take down notice with all of the requirements for take down. I was informed by others that my copyrighted... Read more »

Griffin Klema
Griffin Klema
answered on Apr 24, 2019

While it's best to provide a specific URL for avoiding arguments about sufficiency of a DMCA notice, you are correct, there is some leeway that a copyright owner has in providing a notice. However, if you are unable to identify the precise location, that itself is indicative that the website... Read more »

2 Answers | Asked in Trademark for California on
Q: is it possible I can obtain a trademark which status is dead ? what should I do to obtain it ,thanks
Griffin Klema
Griffin Klema
answered on Apr 24, 2019

Maybe. I've written about how to determine this here: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/

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1 Answer | Asked in Criminal Law, Agricultural Law and Internet Law for Washington on
Q: Is it illegal to have a poppy pod as part of your artwork?

I have an etsy shop and listed a handmade box and book with flower seeds. It focuses on Papaver somniferum common names are Opium Poppy, breadseed poppy. Etsy took it down today saying poppy pods and poppy straw are prohibited. I don't want to argue with them but is this just etsy or is... Read more »

Griffin Klema
Griffin Klema
answered on Apr 24, 2019

Most likely it's a subjective determination by Etsy about inclusion of a prohibited item in the product. Clearly, they appear to be taking things a bit far in this regard, but it's Etsy's platform, and therefore its terms of service (or terms of use, etc.) may empower it with the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Louisiana on
Q: Can I claim unjust enrichment as a Joint-author of a copyright if publisher has not paid my splits and has not included

any attribution of my contributions within press releases of the work — despite the fact that only my contributions appear in that press release. The attribution of the songs lyrics, and ideas in the NPR press release include every other joint-author excluding me. This enriches the other... Read more »

Griffin Klema
Griffin Klema
answered on Apr 24, 2019

Short answer: maybe. Long answer: it probably depends on how clear the evidence is that you were actually an author on the subject work. Have any of the other authors (or anyone generally involved in the development/project) claimed that you did not make any creative contribution to the final work... Read more »

1 Answer | Asked in Intellectual Property, International Law and Entertainment / Sports on
Q: can Also know as mark, and Trade and service mark within same class or industry conflict?
Griffin Klema
Griffin Klema
answered on Apr 24, 2019

Maybe. There's not enough information in your question to answer it.

2 Answers | Asked in Collections for Pennsylvania on
Q: If I send a cease & desist letter to debt collector, on time barred debt, but do not acknowledge debt, will they sue?

A third party debt collector has obtained an old debt of around $700. This type of debt is beyond the statute of limitations in my state of PA. I am mailing a letter stating such debt is beyond SOL, thus time-barred. Also, I am requesting no further contact. Can/will this collector still (attempt)... Read more »

Griffin Klema
Griffin Klema
answered on Apr 24, 2019

There may be case law in your jurisdiction the talks about debt collectors seeking to recover monies on that's that are barred by the statute of limitations. At least one case has held that attempting to collect a debt on an expired statute of limitations may be contrary to the fair debt... Read more »

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3 Answers | Asked in Copyright and Trademark for Michigan on
Q: How would I go about trademarking my stage name if it has been abandoned in 2011?

Krimminall23@gmail.com is my email address

Griffin Klema
Griffin Klema
answered on Apr 24, 2019

Abandoned marks don't necessarily mean you can get your own registration. I've written an extensive explanation on abandoned marks here: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/

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2 Answers | Asked in Trademark for Minnesota on
Q: Trademark Cancelled can Product still be sold in the market.
Griffin Klema
Griffin Klema
answered on Apr 24, 2019

You might be able to sell your product, but I think your real question is whether by doing so you would infringe another's rights (e.g. trademark rights). Trademark rights are based on use, and registrations are simply evidence of a claim to a trademark. They are not the source of the right.... Read more »

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3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: I am wondering g if there are any lawyers willing to take a case where a dentist performed 2 root canals.

One tooth he broke off the entire back of the tooth. The other root canal he actually drilled to the outer core of the tooth. It is destroyed meaning pulling or implant

Griffin Klema
Griffin Klema
answered on May 3, 2019

I'm sure there are. Use a platform, such as Justia, to try to find someone who practices in medical malpractice, AND who has done dental malpractice. But Mr. Black does raise a good concern: if your damages are small, the contingency fee incentive for a lawyer to take your case may be too small.

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1 Answer | Asked in Business Law for Florida on
Q: Can I sue 1099 for breaking a contract of not practicing withing 10 miles from by place of business?

I own a beauty salon in Sarasota, Florida. 1099 worked with us for 2 years, learn all details of my business and open a studio from her house 5 miles away from my salon. Agreement that she signed says that she cant practice within 10 miles from my business for 5 years.

Griffin Klema
Griffin Klema
answered on Apr 16, 2019

Quite possibly, yes. The geographic restriction might be enforceable, but the full answer to your question depends on an analysis of the contract that was signed, and the circumstances surrounding the contractor's work with you (as well as what you do/did to maintain secrecy over the... Read more »

1 Answer | Asked in Intellectual Property and Trademark on
Q: If I were to buy brand name items from overseas, direct from the factory, could I sell them as authentic

If I were to buy direct from a factory overseas (such as a nike factory) could I receive the items here in Canada and sell them as new and authentic (because they are authentic nike). If not, could I removed the tags and sell it as used? Thanks for the help.

Griffin Klema
Griffin Klema
answered on Apr 16, 2019

Your question seems to implicate Canadian law, but I believe most attorneys on Justia are only licensed in the U.S.

Under U.S. law, the answer would probably be no because most likely the owner of the "brand" has trademark rights in the U.S. (assuming they're selling product...
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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Illinois on
Q: I am building an ecommerce website similar to Amazon, allowing third-party sellers, etc.

For the media items, like movies & tv shows, I have embedded trailers from YouTube into the listings. According to YouTube, as long as videos are embedded and not copy & pasted, this is perfectly acceptable, allowable, and legal, found here:... Read more »

Griffin Klema
Griffin Klema
answered on Apr 16, 2019

If you have created a successful business, you're going to get silly/aggressive/unfounded accusers, just be ready and have a good lawyer on retainer to deal with such issues as they arise.

As for embedding YouTube videos onto your own website (for profit), this is a common question....
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1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: hey i am wondering if it is illegal to make a video game based on pepe the frog. The trademark says ''abandoned''
Griffin Klema
Griffin Klema
answered on Apr 16, 2019

I've written a blog post about how to analyze abandoned patents: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/ Trademark rights are based on use. You are asking for a clearance opinion, and you can expect to budget between $500 and $1,500 for that kind of legal work.

2 Answers | Asked in Business Formation, Business Law and Trademark for Missouri on
Q: Hey I want to start a brand with a brand name Amélie. How can I tell if that name is already taken?

I’m starting a hair extension business but in the future I want multiple business under the brand name (ex. Fenty by Rihanna). I need advice on trademarking the name and llc.

Griffin Klema
Griffin Klema
answered on Apr 16, 2019

Trademark rights depend on use. You would need to search for similar federal (or state) registrations in the same class of goods or services and then analyze those registrations against your desired name and determine whether there is a likelihood of confusion under the DuPont factors. If that... Read more »

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2 Answers | Asked in Copyright and Trademark on
Q: Can you make and distribute skittle vodka?

To clarify the product would not in anyway use the brand skittles

But would use skittles in the making of the product

Griffin Klema
Griffin Klema
answered on Apr 16, 2019

Very unlikely that you don't in some way infringe on the famous brand SKITTLES, irrespective of its use on an alcoholic product. You would likely be running into tarnishment / dilution / blurring kinds of infringement.

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2 Answers | Asked in Patents (Intellectual Property) and Trademark for Colorado on
Q: How much does an application for a patent and trademark for an industrial process cost.

This question is based on a fake model part of an educational module. Due to the limited resources available to obtain such information, I am looking for rough estimates of the costs I should expect. Since the model is not realistic many factors are excluded.

Griffin Klema
Griffin Klema
answered on Apr 16, 2019

I think Mr. Mlynek's estimates are a bit on the high side. Like many things in life, you get what you pay for, but there are lawyers (or patent agents, people who are not lawyers but can help you file a patent) that charge less. I usually tell prospective clients to budget about $15,000 for a... Read more »

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3 Answers | Asked in Civil Litigation for Michigan on
Q: What happens in Federal Court after Initial discovery is over, defendant has offered me $ as settlement, but plaintiff?

Refused to accept, Plaintiff says double or triple the offer.

Griffin Klema
Griffin Klema
answered on Apr 11, 2019

Typically in federal court the case will continue to proceed towards trial. The case management conference and order entered will usually spell out the deadlines for various steps along the path to trial. The parties are always able to voluntarily settle the case (and such agreement is encouraged),... Read more »

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1 Answer | Asked in Copyright and Trademark for Texas on
Q: Is the quote "I'm Your Huckleberry" trademarked or copyrighted?

I'm not sure which terminology fits, but either way I'm making baby onesies to sell and I want to make sure it is not illegal before doing so.

Thanks in advance.

Griffin Klema
Griffin Klema
answered on Apr 11, 2019

The answer to your question isn't that simple. The scope of others' trademark rights are based on "likelihood of confusion." That means even if your slogan is not already trademarked by someone else, something similar may lead to trademark infringement liability. For example,... Read more »

1 Answer | Asked in Trademark for North Carolina on
Q: How can I take control of an abandoned trademark?
Griffin Klema
Griffin Klema
answered on Apr 11, 2019

Well, you don't. Trademark rights are acquired by use. A REGISTRATION is not the source of the trademark RIGHT, using a mark crates the right. So the fact that a registration is abandoned doesn't mean you can't acquire trademark rights, and you don't simply take over a dead... Read more »

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