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Questions Answered by Griffin Klema
1 Answer | Asked in Trademark for New Hampshire on
Q: Hi, My company is called Seacoast House Cleaning, is that infringing on company with the trademark Seacoast Cleaning

We are both in the same area, they issued a cease and desist because of trademark infringement.

Griffin Klema
Griffin Klema
answered on Apr 11, 2019

You need to engage a lawyer. You don't want an opinion expressed here publicly. There may be ways to oppose their claim or reach a mutual agreement, but these matters should be discussed confidentially. I would be pleased to evaluate your case further free of charge. 202-713-5292.

1 Answer | Asked in Contracts, Business Law and Collections for Florida on
Q: I'm a certified electrician an did a verbal contract with buss. they have made a part payment in three years

it has been three years seens I completed job

Griffin Klema
Griffin Klema
answered on Apr 11, 2019

You are approaching the end of the statute of limitations for breach of contract (four years). Unfortunately, you're probably beyond the time period for filing a lien on the property to secure payment for your services. Nevertheless, I strongly recommend you either file a suit yourself in... View More

3 Answers | Asked in Business Law, Civil Litigation and Construction Law for Florida on
Q: A corporation I owned, which is no longer currently active, is being sued for services provided that caused damages

A corporation I owned, which is no longer currently active, provided services on a construction project in which the owner has filed a lawsuit claiming property damages due to my services at the time. The insurance company covering my corporation during the time of the project, is claiming that it... View More

Griffin Klema
Griffin Klema
answered on Apr 11, 2019

The answer depends on what the plaintiff's claims are. Are they only related to the job performed by you or the company? Only a careful analysis of the complaint will give you the full answer.

Officers can be individually liable for their torts irrespective of the corporation through...
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2 Answers | Asked in Contracts and Entertainment / Sports for Texas on
Q: How Much Should I Charge for Using My Image?

So let me start by stating that I know I need an agent ASAP and I'm in the process of getting one. My question is about a well known movie theatre company using my image. I responded to a post that asked for models for a 'test shoot' and that they would choose from us those who would... View More

Griffin Klema
Griffin Klema
answered on Apr 11, 2019

It also depends on the market rate. If another model is willing to take the $100, then that's the going rate. You could try to negotiate for almost any concievable structure (royalties, flat fee, blended flat/percentage, or even like-kind exchanges, such as free movie tickets, etc.). Good luck!

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2 Answers | Asked in Copyright for Alabama on
Q: Would it be seriously problematic if I self-published my original work before I receive my certificate of registration?

The US Copyright Office has already received my original literary work. I am wondering if I can go ahead and publish or if I need to wait to receive my certificate of registration.

Griffin Klema
Griffin Klema
answered on Apr 11, 2019

I'm not sure I agree with Mr. Brooks' answer. The origin of the copyright RIGHT occurs at the moment of creation. Once you are done writing your book, you had a copyright. A registration is public notice of that right. Now, enforcing a copyright is a different matter. A certificate of... View More

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1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Hello!We are planning to start producing a waterproof fitted sheet in China, and we will sell the sheets in USA.

Should we ask China factory if they have a patent for the waterproof technology on the fabric, that they offer for our waterproof sheets? Or not?

Please, advise!

Thank you! Regards!

Griffin Klema
Griffin Klema
answered on Apr 9, 2019

That depends. Patent rights are country-specific, and therefore your question involves whether that company has a Chinese patent as well as a US patent. (Patent rights generally protect making using or selling the patented technology.) If the Chinese entity has any patent protection domestically or... View More

1 Answer | Asked in Contracts, Copyright and Trademark for Texas on
Q: My dad had a trade mark on macho nacho it says status canceled does that mean it’s not in effect any more!?

Please let me know if the trademark is no longer in effect

Griffin Klema
Griffin Klema
answered on Apr 9, 2019

If your dad's mark has a status of "cancelled" that means the registration is no longer valid. It may mean it has lapsed, or has been canceled as a result of an opposition or lawsuit. But, trademark rights are based on use, so that doesn't mean there are no trademark rights.... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kansas on
Q: Would this be copyright infringement?

I am coordinating a 5K benefit run for a local library, the theme is "Just Dewey It", a play on Nike's phrase. We would like to turn a book into the Nike Swoosh to use as the logo but we are concerned that it may be copyright infringement. We would seek Nike's permission but... View More

Griffin Klema
Griffin Klema
answered on Apr 9, 2019

You're probably running into trademark issues, and maybe copyright as well. The use of the slogan "Just Dewey It" without any use of a swoosh-like logo is a close call. Arguably it might fall within parody or other fair use exceptions to trademark or copyright infringement. The Nike... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Is a county clerk and or clerk staff liable for damages resulting from extensively inaccurate account maintenance?

Would a clerk of court/staff be liable for monetary damages stemming from over a decade of inaccurate account maintenance?

The child support account in question was initially given a satisfaction of judgment and closed after the child reached majority. However, after a inquiry for... View More

Griffin Klema
Griffin Klema
answered on Apr 9, 2019

A lot of what you're inquiring about probably depends on HOW you've been damaged. What money did you lose by the allegedly inaccuracies? Has your reputation in the community suffered as a direct result of the inaccuracies (and not simply from the fact that you owed child support)? Has... View More

2 Answers | Asked in Contracts and Copyright for Texas on
Q: Q: My dad had a trade mark on name “macho nacho” it says status canceled does that mean it’s not in effect any more!?

How can I find out if he still owns the trademark name “macho nacho”

Griffin Klema
Griffin Klema
answered on Apr 9, 2019

I disagree somewhat with Mr. Serraguard's answer. As I explained in my answer to your duplicate question, trademark rights are based on use. So if your father is still using that mark--notwithstanding the fact that the registration was cancelled--he may nevertheless still have common law... View More

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3 Answers | Asked in Patents (Intellectual Property) for California on
Q: How can I move my patent from application to grant stage? Thank you.
Griffin Klema
Griffin Klema
answered on Apr 11, 2019

I agree with Ms. Amos. You still need to enter the examination phase, and you will almost certainly encounter what is called an "office action" that will reject your patent in some way. Responding to that office action as soon as you can will ensure that the process moves along quickly.... View More

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2 Answers | Asked in Trademark for New York on
Q: I'm planning to file trademark so that i can use a certain username on twitter, facebook and instagram.

The word im planning to file for trademark is not generic word. It is a made up word but can only be found on urbandictionary.com. But I already have the .com domain name of it.

I am US military veteran, is there a cheaper way to file the trademark beside https://www.uspto.gov?

Griffin Klema
Griffin Klema
answered on Apr 4, 2019

The USPTO doesn't offer discounted fees for vets, sorry. As for filing, you'll need to carefully evaluate what products or services you will be selling. Merely having a user name on social media, without selling products that bear the mark, will not be sufficient.

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1 Answer | Asked in Copyright and Trademark on
Q: Can I create a band with the name 'Tabasco' without any trademark or copyright issues?
Griffin Klema
Griffin Klema
answered on Apr 4, 2019

Maybe. Consult a lawyer who can provide you with a clearance opinion. The DuPont factors for likelihood of confusion will determine whether your proposed conduct raises any trademark concerns. As for copyright, that should not be an issue, assuming you're not using imagery or logos, and just... View More

1 Answer | Asked in Patents (Intellectual Property) on
Q: How to List my Name here for my patents
Griffin Klema
Griffin Klema
answered on Apr 4, 2019

If you're an owner or inventor of a patent, and you're not listed on the face of the document, there are procedures to correct that. Otherwise your question is somewhat unclear when you say, "here." On a patent? On a website?

3 Answers | Asked in Patents (Intellectual Property) on
Q: Hi, just want to know whether provisional patent applications are publicly accessible? Thanks
Griffin Klema
Griffin Klema
answered on Apr 4, 2019

No.

35 USC 122(b)(2)(A)(iii) ("applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such...
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2 Answers | Asked in Trademark on
Q: I am located in Singapore and I am looking to trademark a product name. What's the best way to do so internationally?

I am located in Singapore, but product is retailed online globally. I would like international coverage for my product's name.

Griffin Klema
Griffin Klema
answered on Apr 4, 2019

Search the WIPO global brand database: https://www.wipo.int/branddb/en/.

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1 Answer | Asked in Civil Litigation for Florida on
Q: Can a judgement be placed on me for a medical bill that is over 10 years old in the state of Flordia.

I was trying to get my ssi. Was giving my ssi in2009 and moved out of state. Moved back in 2014. I have had 5 back surgeries and an not able to work

Griffin Klema
Griffin Klema
answered on Apr 2, 2019

A judgment is good for 20 years, and can be renewed after that period for another 20 years. If there's no judgment, and you're being sued for the first time on a 10 year old bill, the statute of limitations (Chapter 95 of the Florida Statutes) may bar the suit. If you need help defending... View More

3 Answers | Asked in Copyright and Intellectual Property for Kansas on
Q: Am I violating any laws by selling items with my own graphic design/phrase tha has been newly TM'd by someone else?

Hello,

Thank you in advance for your time.

Three years ago I designed text and graphics that includes a particular phrase. I have been selling this graphic on textiles, apparel & enamel pins since 2016. It has come to my attention that another company has very recently... View More

Griffin Klema
Griffin Klema
answered on Apr 2, 2019

I agree with Mr. Mlynek's answer. Based on your question, you appear to be the "junior user" compared to the applicant, Brooke Rosenblum (serial no. 88221514), who claims a date of first use starting in 2013. In any event, there doesn't sound like there would be any consumer... View More

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2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: Can you handle the lawsuit or what type of form do I use to sue her?

What would you charge me to do it?

Griffin Klema
Griffin Klema
answered on Apr 2, 2019

There's nothing in your question about your case or the issues. If you would like to discuss your case, please contact me: 202-713-5292

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3 Answers | Asked in Civil Litigation for Florida on
Q: I lent a car to a friend, she violated an oral agreement. Can I file a Replevin Court Order to get the car back
Griffin Klema
Griffin Klema
answered on Apr 2, 2019

Yes, a replevin action under Florida Statute Chapter 78 is possible. You can seek damages for the loss of use directly in a replevin action (78.01). However, I disagree with Mr. Baron's answer slightly. You do NOT plead conversion to recover loss of use damages. That claim would only be an... View More

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