A DBA
answered on Mar 26, 2019
You're asking for a registrability opinion (whether you can register your own trademark rights in the U.S.). Much of the answer depends on the DuPont factors that try to answer the question of whether your mark is likely to cause confusion with another registered mark. The simple answer for... View More 
Does this infringe on their patent or do I need permission to modify the look of it
answered on Mar 26, 2019
First, generally speaking, changes to an existing product might be protectable as a separate intellectual property right. So might be able to get your own design patent, copyright, or trademark. However, what you are really asking for is whether making, using, or selling the product would infringe... View More
answered on Mar 26, 2019
This question is unclear. Try asking it again with more information. Who investigated? When? Etc.
Motoloot are using this right to prevent other sellers selling generic keyring items, that don't appear to be covered by this or other right.
answered on Mar 26, 2019
This means the trademark application is on hold until other trademark applications are processed. The MOTOLOOT application (ser. no. 87558066) is suspended until other similar trademark applications have completed their processing (nos. 87070794, 87070812, 87232034, and 87232044).
As for... View More
answered on Mar 26, 2019
Maybe. There are a lot of facts that must be evaluated when analyzing whether a company can sell a product that might infringe on the trademark rights of another. These are the DuPont factors that try to answer the core question: Is there a likelihood of confusion between your product and... View More
Im looking for a lawyer to bring lawsuit against third party. Im authorised distributor for medical goods in my country, and I find out that there is third-party selling products from the same company and this third-party is not authorised distributor. Only my company officially can sell in my... View More
answered on Mar 26, 2019
If the third party is a U.S. company, you may be able to sue here in the United States. Much of that depends on the agreement between you and the medical device manufacturer. You may need to sue the manufacturer as well, since there may not be any direct claims against the third party. I would be... View More
Because of the nature of my work as a product designer means there would be regular improvements or changes of appearance to the design or type of materials used .
answered on Mar 26, 2019
I disagree to some extent with Mr. Flynn. A design patent can have a fair range of protection, depending on what your product is, and what decoration makes it special. It's all about how the drawings in a design patent application are prepared. You can claim a part of the design, and leave... View More
I would like to buy a patent , jewellery article from company which has already got one
answered on Mar 26, 2019
Purchase the patent in a written contract (you get the patent by what is called an assignment). Or you can make the jewelry if you purchase just a license without buying the whole patent. That can be either an exclusive license or a non-exclusive one. Licenses are much more complex than a purchase... View More
Or they would have to be out of the house in 48 hrs. He told this to my roommate. She decided to get rid of them, without telling me any of this information. Should I file a police report or do I have a claim against her, as I was not notified from her or the landlord? I came home from work and... View More
answered on Mar 26, 2019
The other option, in addition to the lawsuit for damages suggested by Mr. Baron, is an action for replevin to get the cats back from the person who may have them now (assuming they don't want to voluntarily give them back). See Chapter 78 of the Florida Statutes.
If the owners know this has happened multiple times, isn't it their due diligence to inform patrons or put up security cameras? When I told them, they only said it wasn't their problem and they had no cameras. 5 motorcycles have been stolen from their property since last year. Are they... View More
answered on Mar 26, 2019
Yes, I agree with Mr. Baron. If the restaurant is in the middle part of Florida, and thus where a lawsuit would have to be filed (rather than South Florida, where Mr. Baron is located), I would be pleased to discuss your case further.
Our company just received a trademark violation for “we droppin”. We are using “where we droppin boys” on pajamas. That phrase is not trademarked. They are claiming we are infringing on their trademark. Are we?
answered on Mar 22, 2019
You need to consult a lawyer. It's not possible to provide you with an answer without more information. Send the cease and desist letter to the lawyer so they can evaluate the issues. If it's a federal trademark, I would be happy to discuss this further with you. 202-713-5292.
answered on Mar 22, 2019
Correction or change in ownership of a mark is done with a document called an assignment. If there is a co-owner of the mark and you're on good terms with them, have a lawyer prepare an assignment for them to sign, and then record that document with the state or the USPTO (wherever your mark... View More
Im 19 and in a fraternity and our chapter advisor is making members sign a document that says, "Upon request of the fraternity service center, Province Archon, Chapter Advisor, or Executive Officer, I will immediately, without delay, open and share any electronic communication that I have been... View More
answered on Mar 22, 2019
It sounds like the fraternity is a voluntary non-profit organization. In the U.S. we enjoy what is called freedom of contract, which allows us to make agreements for all kinds of things. Sometimes agreements can't be enforced (even if you sign them). What the document is describing sounds... View More
Create responses; orders, judgements and mail them to the plaintiffs?
answered on Mar 22, 2019
No, the U.S. legal system does not use AI to decide cases. People (judges and juries) decide the issues in disputes before a court. While there may be some automation, those processes are not substantive in nature.
Publishing by journalists in a public account in social media or website.
Name the law or Act please
answered on Mar 22, 2019
In the U.S., it might be a violation of the politician's privacy. There is a common law (non-statutory) right to privacy, and publication of private facts may constitute what is called "intrusion upon seclusion." Besides common law, there may be statutory laws that also provide for... View More
The client charged back stating "goods were not received" and "was not aware of the transaction" ... I have over 100 pieces of evidence including lead reports, call tracking recordings of incoming leads, social graphics used to post on social media, text messages between owner... View More
answered on Mar 22, 2019
It sounds like you may have a good case, which if it can't be resolved through Square, you may be able to pursue the former customer in court. Much of your ability to win depends on any contract(s), and what was said in emails, text messages, etc., together with what services were provided.... View More
My wife has been deceased. i received a letter from Human Insurance staining that fifty eight dollars and ninety seven cents is in the State Spectator position. How can I retrieve the above property? I can provide copies of marriage and death certificate.
Thanks for your kind attention.
answered on Mar 22, 2019
This is not an intellectual property question (or insurance defense), but rather a personal property issue. It's unclear from your question what you're referring to. State Spectator? I've never heard of such a thing. Maybe ask the insurance company that sent you the letter what to do?
I asked for the ownership of this mark from its creation. Please validate.
answered on Mar 22, 2019
You can find this information on the USPTO's website, the Trademark Status & Document Retrieval (TSDR):
For serial number 86905207, the owner is:
Storm, Robert
Owner Address:
1540 Rainbow Drive
Belle Plaine, IOWA UNITED STATES 52208
I had an idea for t shirts arranged around a certain slogan phrase under my brand name and logo. But I found the slogan phrase I wanted to use is trademarked for T-shirts. However, a somewhat different phrase using near synonym and past tense would still work for me. How exact does the phrase have... View More
answered on Mar 22, 2019
Look at the "DuPont factors" and analyze whether your mark is confusingly similar to an existing mark. that is the standard for registering a mark with the USPTO. If you're not planning on registering a mark, look for the "Sleekcraft" factors used in the 9th Circuit. I... View More
we extend loans to our customers that are always $5,800 or less and would like to find out if we can utilize small claims court to obtain judgment on defaulted loans.
answered on Mar 22, 2019
Yes, Florida Small Claims Rule 7.050(a)(2), which states:
"Any business entity recognized under Florida law may be represented at any stage of the trial court proceedings by any principal of the business entity who has legal authority to bind the business entity or any employee... View More
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