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Questions Answered by Griffin Klema
1 Answer | Asked in Patents (Intellectual Property) on
Q: Hi, why the pictures of patents are not shown?

Hi, why the pictures of patents are not shown?

Griffin Klema
Griffin Klema
answered on Feb 22, 2019

You can see them by clicking on images. Or you can search Public PAIR. Or you can search for the patent on Google Scholar. Good luck!

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: is it possible to use a Logo from a trademark and change it? New Logo looks similar but with other letters.

i would like to use a similar Logo design from a Trademark based in the USA (Brazzers)

and change it to braaPPers.

I´d like to use this Logo for make an own Mark that´s not in the same business.

Brappers will be printed on Tees and hoodies for Sale.

Would it be... View More

Griffin Klema
Griffin Klema
answered on Feb 22, 2019

That depends on whether it is likely to cause consumer confusion (i.e. make people think your product/brand is affiliated with Brazzers). How similar they look, and whether the products/services are similar are important considerations, and they are two of the "DuPont factors" used in... View More

1 Answer | Asked in Intellectual Property on
Q: Please send me link of CAFC Case No.: 18-2209 (Apotex Inc. v. Novartis Pharmaceuticals Corp).
Griffin Klema
Griffin Klema
answered on Feb 22, 2019

There has not been an opinion yet in that appeal. The issues are still being briefed.

Opinions of the CAFC will be published on the court's website: http://cafc.uscourts.gov/opinions-orders/search

Google scholar has many (not all) court opinions as well:...
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1 Answer | Asked in Civil Litigation for Florida on
Q: I was a subcontractor for a company. They refuse to pay me the last payment and the project was complete.

They received approval of work and I got the check from client and deposited it in the companies account. they are holding the money because they say they haven’t got approval for another project I completed but the clients are not satisfied they already said they were holding 300.00 dollars... View More

Griffin Klema
Griffin Klema
answered on Feb 22, 2019

There are specific rules surrounding filing of what are called mechanics' liens. You may be able to file a lien on the property where the work was done, but there are deadlines for when that must occur. I recommend you get a complimentary consultation from a lawyer with experience in... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Nevada on
Q: If im only going to operate within the U.S.A, do I need to have an International Classification on my trademark?
Griffin Klema
Griffin Klema
answered on Feb 22, 2019

Yes, the U.S. uses the international classifications now to harmonize the classes across WIPO participating countries. Even if you're only going to be selling in the US, the USPTO requires your application to designate the international class now. It doesn't mean you have to proceed with... View More

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2 Answers | Asked in Banking, Civil Litigation and Consumer Law for Florida on
Q: can a 3rd party judgment creditor sue a mortgage company for granting a VA mortgage to a his judgment debtor?

Lien as a result of Judgment to creditor was in 2009. No payments were ever made on judgment.

Mortgage was approved and closed 6/2017. Judgment was discovered prior to approval and mortgage closing, it was not disclosed by judgment debtor. Letters of explanation submitted by borrower... View More

Griffin Klema
Griffin Klema
answered on Feb 22, 2019

Assuming your judgment was part of the bankruptcy estate, if it was the result of the defendant's fraud or deceit (in the underlying lawsuit where you got the judgment), it probably should not have been discharged in bankruptcy. If the judgment wasn't based on fraud, then it probably was... View More

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3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: My company helps authors self publish books. We signed a contract with a client who’s suing for breach but she can’t

Produce her signed contract and we can’t find our copy the book was paid for completed and printed.

Griffin Klema
Griffin Klema
answered on Feb 22, 2019

If you're in a lawsuit, I recommend getting a lawyer. The process has many pitfalls for those that are inexperienced in court. You may be able to secure reduced or free legal services. There are often free pro bono services in most areas. Since you're in Florida, you may also want to... View More

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2 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: PATENT #6,602,028 B1, Life cycle ending 06/2019 can I reproduce these parts without legal repercussions from Sandvik

I have companies contacting me to re-produce patented parts. The parts are no longer available can I legally reproduce through reverse engineering.

Griffin Klema
Griffin Klema
answered on Feb 22, 2019

I would be careful about relying solely on that one patent. There may be others that affect your freedom to operate. I suggest getting an opinion from a lawyer about whether you are clear to manufacture those parts without risking infringement. Budget at least $4,000 for such an opinion. Good luck!

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3 Answers | Asked in Business Formation, Business Law and Intellectual Property for California on
Q: I intend to title my LLC , Moving Humanity Forward. These words were trademarked by General Motors. Can I use this?

I first used this concept, Moving Humanity Forward, in a commencement speech at my Master's Degree graduation ceremony. General Motors seems to only be using this in advertising their partnership with NASA. I appreciate any feedback.

Griffin Klema
Griffin Klema
answered on Feb 22, 2019

I disagree with Mr. Grossman, and for the most part agree with Mr. Garciaacosta. The core of trademark law is consumer confusion. Whether there is depends on the similarity of the product/service. There are many names/brands/marks that are identical, but because they're in different... View More

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1 Answer | Asked in Intellectual Property on
Q: What is the best source for finding which patents a company has applied for before it has publisised it themselves?

The company typically wants to hide the patent application from the public as long as possible.

Griffin Klema
Griffin Klema
answered on Feb 13, 2019

Generally, you can't. In the U.S., patent applications remain secret for 18 months after they are filed. So unless the applicant voluntarily discloses it, requests early publication, and you are not an inventor or other person who has a special relationship with the applicant or inventors,... View More

1 Answer | Asked in Business Law, Civil Litigation, Collections and Contracts for Florida on
Q: Services completed, texts to prove that the insurance money was collected by the customer but they wont pay. Over months

Good morning, I work for a tree company ran out of Illinois. I had a question as I'm at a standstill on what to do. We have completed work for a customer with a signed invoice and text proof that they have received the insurance money to take care of the emergency tree service we provided. If... View More

Griffin Klema
Griffin Klema
answered on Feb 13, 2019

The fact that the customer was paid money by the insurance company doesn't really affect your rights to collect payment for services you rendered. Because the services were made on a property, you may be able to file a lien (a Florida construction lawyer may be able to answer that specific... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: I just received letter from attorney about difference on loan from 2002. What domI do foe exemption?

What do I do for exemption paperwork?

Griffin Klema
Griffin Klema
answered on Feb 13, 2019

Your question is difficult to answer without more specifics. I recommend seeking out an initial consultation with a lawyer who can review the letter you received, and evaluate what the issues are with you confidentially. Many lawyers will offer you a few minutes to evaluate your legal matter for... View More

1 Answer | Asked in Patents (Intellectual Property) on
Q: Can a wired twist headband be patented?

I can supply pictures

Griffin Klema
Griffin Klema
answered on Feb 6, 2019

Hard to say without more information. It doesn't sound eligible for utility protection, but it's hard to know for sure without more information. You might also be able to protect it with a design patent, but again there is too little information to say with any certainty.

1 Answer | Asked in Patents (Intellectual Property) on
Q: Patent number: D823477

I want to sell this massager in the USA! What do I need to do for this? I do not know how to contact the patent holder!

Griffin Klema
Griffin Klema
answered on Feb 6, 2019

Short answer: A license. Contact the patent owner to find out if they're interested in either licensing the patent to you, selling it to you, or you can become a distributor or retailer if they already have the product available. Good luck!

2 Answers | Asked in Employment Law and Contracts for California on
Q: Is it legal for an SF employer to ask a former employee to sign retrospectively legally binding supplemental terms?

"I was recently asked by a Bay Area former employer to sign a document with a set of supplemental terms many months after my service with them has completed. Had I been asked at the very beginning of my service, I would have signed it without a problem. However, signing retrospectively a... View More

Griffin Klema
Griffin Klema
answered on Feb 6, 2019

Enforceability of the contract will be subject to state law (California). Whether a contract that applies retrospectively would be enforceable under California law is something that a California-licensed lawyer would have to advise on. Generally speaking, a contract must have what is called... View More

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1 Answer | Asked in Intellectual Property on
Q: I have an idea for a website and need to hire developers to create it, how do I protect my idea from them stealing it?

I would like to make a provisional patent application, but I cant decribe all the technical aspects without working with developers first. What kind of document can I ask them to sign in case I need to prove in the future the idea was mine. Thank you.

Griffin Klema
Griffin Klema
answered on Feb 6, 2019

You need to have them sign a contract that includes several provisions: non-disclosure, non-circumvention, non-compete. This is often referred to as an NDA. However, be VERY careful about using documents you find online--they often have poorly drafted, incomplete, or outdated language that... View More

1 Answer | Asked in Intellectual Property on
Q: Patent which is claiming the variables of particular gene has expired. Can a company use those sequence in the product

Sequence is claimed in the patent but now it has expired

Griffin Klema
Griffin Klema
answered on Feb 6, 2019

I believe this is the same or similar to the other question about the sequence. Same recommendations apply here as well.

2 Answers | Asked in Intellectual Property on
Q: If a sequence patent is expired. Can we use that sequence in product development
Griffin Klema
Griffin Klema
answered on Feb 6, 2019

Rarely is one patent the problem. The odds are fair that there are other live patents, or follow-on patents from the expired one that may cause a problem with your product development. What you need is a freedom to operate opinion from a patent lawyer. That will involve doing a prior art search for... View More

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1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: whats the best way to go about the situation I typed under “ More Information”?

I registered to get my trademark in early 2017. Some guy in China bought 5thlamnt.com in mid 2018. When you type in 5thlamnt.com it links you to a Chinese porn site. I’m sure you see the major problem with this now. What’s The best plan of action to get my domain back and/or can we claim copy... View More

Griffin Klema
Griffin Klema
answered on Feb 6, 2019

Assuming you have an issued trademark that arguably causes confusion with the domain you identify, you would have two options: (1) file a UDRP complaint with ICANN or another adjudicating body, or (2) file a lawsuit against the domain owner for trademark infringement, or if you don't know /... View More

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Is a patent possible in this circumstance

If there is a product currently in the market place which has always been manufactured using either leather or traditional wood from trees and I start manufacturing this product but instead of using leather or lumber from trees, I use a different material, like bamboo, which gives the item a very... View More

Griffin Klema
Griffin Klema
answered on Feb 6, 2019

Kevin's answer is pretty close. To put it succinctly, unless you have discovered a new way of manufacturing the bamboo into a golf bag (e.g. a new way to join the pieces of bamboo), you probably can't get a utility patent. Regarding design, you may be able to get a patent for a bamboo... View More

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