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Questions Answered by Griffin Klema
1 Answer | Asked in Intellectual Property for Oklahoma on
Q: Are they allowed to hold your property in the vehicle for collateral or can you get it

Like my car was impounded and I have a bunch of tools and stuff in there and they said I can't have them until I either give them the car or pay for it to be out

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

This is not an intellectual property question, but rather a personal property issue. Consider re-posting the question under the correct topic.

1 Answer | Asked in Intellectual Property for Louisiana on
Q: Can a grandparent will heir property to a sole child or grandchild?

Their are other siblings and grandchildren thinks that the grandmother was forced to sign a paper saying this, but we havent seen anything of such.

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

This is not an intellectual property question, but rather a real property issue, or probate issue. Consider re-posting the question under the correct topic.

1 Answer | Asked in Intellectual Property for Georgia on
Q: Can i evict a person living on my property when we only had a verbal agreement and the rent has not been paid in 5 month
Griffin Klema
Griffin Klema
answered on Mar 18, 2019

This is not an intellectual property question, but rather a real property issue or landlord-tenant issue. Consider re-posting the question under the correct topic.

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Can a trademarked word be used as a part of domain with certain variation?

Example: If we're selling a Social Media theme which is similar to Facebook in functionality, can we use WPFacebook.COM domain to sell our WordPress theme?

OR

If we're offering a clone of linkedin, can we use "WPLinkedin.COM" with a disclaimer that... View More

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

Short answer: Probably not. I strongly recommend you consult a lawyer about your goals, since you're probably going to run into multiple hurdles.

1 Answer | Asked in Intellectual Property on
Q: Regarding property transfer from my grandfather to my father name

My grandfather divide his property to his two sons(we have my granddather signed will).my father got a shop,which is on my grandfather name,in local municipality we changed it to my father name.property tax is generated on my father's name.i have questions.

1.we don't have any... View More

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

This is not an intellectual property question, but rather a real property issue, probate issue, and business law issue. Consider re-posting the question under the correct topic.

1 Answer | Asked in Copyright and Intellectual Property on
Q: An artist made an image I would like to resell but it has a very small pink floyd prism somewhere on the image.

Would this be copyright infringement? Since the main focus of the image is not the Prism does this matter? Also in the image there is a picture of a book. Would adding this book infringe on the copyright of the book cover?

Thank you

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

A prism (and the light it splits) by itself is not necessarily an infringement. There may be a valid derivative (fair) use of a copyrighted work, but the answer to that question is very fact-specific and should be addressed in detail with a lawyer. Then there's trademark issues, but again... View More

2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for New Hampshire on
Q: Why is a law firm able to appropriate a trademarked name, “Better Call Saul,” with “Better Phone Stone” slogan?

It’s a question for my business law paper. The firm’s ripped off slogan is service marked; even though the entities are non-competing, they are making commercial profits from it nonetheless from another’s trademarked name. Why is this legal?

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

It sounds like you need to do your homework instead of seeking advice from a professional lawyer :) Here's a hint: look at the DuPont factors to determine whether two marks cause confusion in the marketplace. Good luck!

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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Are release agreements needed from the people and institutions of photos I took to be used in a potential movie?

I was approached to use my images of people on the field at a sporting event for a potential movie. The images were taken several years ago and were on my website. I do not have a release agreements from the individuals nor the institutions they represent. I own the images. However, I do not want... View More

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

That's a difficult situation. It really depends on what is shown in the photos as far as brands/products and the context in which the images were created. Most likely, the company seeking to use the images would need to get their own release for showing the brands in the movie. But if the... View More

1 Answer | Asked in Intellectual Property for Delaware on
Q: Any updates? The application has been granted but not shown here
Griffin Klema
Griffin Klema
answered on Mar 18, 2019

You don't identify what you are talking about, so we can't help you.

1 Answer | Asked in Copyright and Intellectual Property for Kansas on
Q: I am looking to publish a family history and genealogy using an aerial photo of the family farm as the front cover.

I can identify the photography company, but have not been able to locate them through state and library records. The picture was take in 1955. I doubt I'm going to sell many copies, but am concerned about copyright infringement.

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

This is a tricky situation. Copyright infringement is strict liability, so your intent not to infringe doesn't save you from a possible claim of infringement. Whether the image is actually subject to a copyright claim is unclear, since it was created before 1978. If it was published or... View More

1 Answer | Asked in Copyright and Intellectual Property on
Q: If I were to conduct works like Magnetic Poetry, Inc. without using their kits, is that an infringement?

I am an arts administrator in Hong Kong, about to conduct a series of workshop using the idea of magnetic poetry but without the company's kits but rather with the magnetic of my own-making.

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

I'm sorry, but your question is unclear. Where are you going to conduct the workshops? Is the patent a Hong Kong patent? What do you mean by "magnetic of my own making"? If you are concerned about infringement, I strongly recommend getting a freedom to operate opinion from a lawyer... View More

2 Answers | Asked in Real Estate Law, Business Law, Civil Litigation and Civil Rights for Florida on
Q: Can a HOA or Management Group enforce rules that were never amended on the property By-Laws?

Good afternoon,

I live in a property with homeowners association and the management group. The homeowners association is trying to enforce parking rules that according to them Became new rules in 2016. I looked at the Declaration of condominium on the Miami Dade County recorders official... View More

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

If your reading of the declaration or bylaws is correct, then perhaps the Board is attempting to enforce a rule that cannot be properly enforced. However, I would strongly recommend you have a lawyer look over your particular case, since often times condos and HOAs empower their boards to pass... View More

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1 Answer | Asked in Bankruptcy and Civil Litigation for Florida on
Q: Are there any good bankruptcy litigation attorneys left in South Florida? Must not be part of the club.
Griffin Klema
Griffin Klema
answered on Mar 18, 2019

If you're concerned about a lawyer having too many ties to other practicing attorneys, consider finding a lawyer who just passed the bar. Obviously, there are big risks in hiring someone who has little to no experience. Further, while you might perceive that the bankruptcy bar is too friendly,... View More

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Hello, How can I file a system design patent, for a cloud based software
Griffin Klema
Griffin Klema
answered on Mar 18, 2019

It's a bit unclear from how you phrased the question, but thought I would add the following: If you're wondering about a design patent vs. a utility patent, I'm not sure you can get a design patent for software, since software may not be considered an article of manufacture. If... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Hi there, Can it be patented separately by modifying its composition and/or followed by surface treatment? Thanks
Griffin Klema
Griffin Klema
answered on Mar 18, 2019

Possibly. It all depends on what you discovered, and what the prior art is. Assuming you have a novel and non-obvious discovery, then the answer should be yes. You might be able to claim the product itself (composition), as well as a method of manufacture, or product-by-process type claim. Know... View More

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2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: I have an idea but its been patent already by somone but my design is different for the object.

Yet should provide same feeback as the other object does.

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

If I were you, I would explore a design patent, which is often far less expensive than a utility patent. However, be warned that if your device/product is or does something that is claimed in an existing (unexpired) patent, it may infringe (even though you may have a novel design). In addition to... View More

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2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Identity Theft for Florida on
Q: My bank leaked all my sensitive personal information via email to another person

I have requested from my bank to email me a form which i was supposed to sign, so i can add an employee to be able to make payment through the businees account. They needed him to go to the bank so they can put his name on the form and email it to me to sign it. They did email me the form on which... View More

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

I disagree with Mr. Thorgaard's answer. Often there are what are called "nominal" damages for misconduct. There may be statutory provisions (besides common law negligence) that provide you with the right to sue for the bank's leaking the sensitive information. In the end, is it... View More

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3 Answers | Asked in Civil Litigation for Florida on
Q: How do I properly object to a RTA?

A civil case is being brought against me for unpaid medical bills stemming from an ER visit. I do not disagree that I owe, I disagree with the amount they say that I owe. When I left the ER I was given a bill for $895. Within a week I received a bill for the same visit for almost $20K. I have... View More

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

This might be too late for your particular case, but there are limited objections that you can make to a request for admissions under Rule 1.370. Two of which include the following (NOTE, you should nevertheless answer the request):

1. Although this admission is responded to, it is...
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2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Florida on
Q: can a business deny my rights to listen to a recorded call between them and myself?

cable company quoted me 1 price, got the bill for a different price, they reviewed my initial call and determined that I was given the correct information, I requested to hear the call as they have vested interest, they refused my request, charged me a contract cancellation fee, requested to see... View More

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

Tip: If a company is recording the call, you can probably record the same call yourself without any problems. To be safe, you could let them know that you are recording the call, but in my experience the customer representative may say you can't, and end the call. Cable companies are notorious... View More

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1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: I am looking to file a patent under Using A Combination Of Features (e.g., Signature And Fingerprint) class 382/116

I want to know how you can help and fee

Griffin Klema
Griffin Klema
answered on Feb 22, 2019

Patent attorneys analyze an invention to determine if it is patentable (is allowable subject matter under Section 101, is novel under 102, and is non-obvious under 103). Drafting a patent application is very specific, especially the claims. A method claim in a utility patent may run between $3,000... View More

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