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Questions Answered by Griffin Klema
1 Answer | Asked in Copyright and Intellectual Property on
Q: 1.- Is this trade mark based on the name of the singer BOY GEORGE? 2.- Is being BOY GEORGE used to make comercial 4 it?
Griffin Klema
Griffin Klema
answered on Jan 30, 2019

Your questions are unclear. Names can be registered as trademarks, but require the consent of the person whose name is being registered.

1 Answer | Asked in Intellectual Property for New York on
Q: On my patent. It is only a patent number? Is there a patent number and id?

my patent number is 9138609....

I want to know is there an i.d. number as well?

Griffin Klema
Griffin Klema
answered on Jan 30, 2019

There are a few different numbers associated with an issued patent. Besides the patent number, there is the document ID (US 20140200123 A1) and an application number (61753222) for patent no. 9,138,609. You can look up all the information on your patent through the USPTO's database, called... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: I am an elderly woman who has a civil judgement against an individual for non-payment of a personal loan.

What forms for a writ of garnishment against his wages will I be required to file. On line forms for Escambia County don't really tell me anything. I do have a civil judgement against him but the judge did not address repayment. The man refused to make any attempt at repayment and I did... View More

Griffin Klema
Griffin Klema
answered on Jan 30, 2019

The process for collecting a judgment is called execution. Garnishment is one such method of execution. If you have the judgment, you simply continue filing documents in the same case, and the first step is to have the debtor complete a Form 1.977 Fact Information Sheet (see the forms at the end of... View More

3 Answers | Asked in Patents (Intellectual Property) for Massachusetts on
Q: my name is spelled with a typo in a patent. How do I fix that?

Patent number: 7373500

My name is "Rajesh Vaidheeswarran". In the patent it is spelled as "Rajesh Vaidheswarra"

Not sure how that typo crept in, butI would like that fixed. Any assistance would be helpful

Griffin Klema
Griffin Klema
answered on Feb 6, 2019

If you want it changed, review the information in the MPEP: § 1481.02 - Correction of Named Inventor. https://mpep.uspto.gov/RDMS/MPEP/current#/current/d0e145099.html

A petition . . . to correct the inventorship in a patent must be accompanied by all of the following:

(1) A...
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1 Answer | Asked in Intellectual Property for Illinois on
Q: Imagineering is trademarked by Disney, but Imagineer is not. Can we use Imagineer for an online business?
Griffin Klema
Griffin Klema
answered on Jan 24, 2019

That probably is going to run into an objection from Disney since its very related to an existing mark. Even if there is no registration for "IMAGINEER" if Disney uses that term in commerce, then it probably has trademark rights to it. That's because trademark rights don't... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Florida on
Q: I would like to do a skit that makes fun of some Star Wars tropes. How does that work now that Disney owns it?

Does is fall under satire or parody?

Griffin Klema
Griffin Klema
answered on Jan 24, 2019

It depends on just how much of your skit would be considered parody. Parody may be considered fair use under U.S. law (17 USC 107), but whether a particular performance/video/etc. actually provides a fair use defense depends on the specific facts, and then how those facts compare to the factors... View More

1 Answer | Asked in Intellectual Property on
Q: Can I acquire any remedy from suing a competitor who I suspect had used my secret recipe by obtaining it illegally?

Topics: Intellectual Property, Trade Secrets, Recipe

In this case:

1) the competitor bought the recipe which is a trade secret, from my employee/ex-employee however the employee/ex-employee does not work in the competitor's business.

2) The competitor had made some... View More

Griffin Klema
Griffin Klema
answered on Jan 24, 2019

You may have a claim to unlawful disclosure of a trade secret. Much of your rights depend on in what state your business is located, and in what state the competitor is located because of what law may apply in deciding the issue (e.g. statutory trade secret law, contract law, etc.). Further factors... View More

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Internet Law for Indiana on
Q: As a 3rd-party representative, do I have any legal right to enforce copyright of the company's IP which I represent?

I am a representative for a gaming company's game. I have legal permission to use their IP and game contents and materials for my own use. However, many other entities have created illegal content using the company's IP and game materials without legal permission to gain their own profit.... View More

Griffin Klema
Griffin Klema
answered on Jan 24, 2019

Probably not, unless your license agreement expressly allows you the right to enforce, or you are the exclusive licensee. Oftentimes the intellectual property owner retains the right to enforce or license the IP to others (non-exclusive license), though sometimes there is contractual language that... View More

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Florida on
Q: a proposed mutual release settlement agreement does not include the return of the borrowers deposit

lawyers for the lender are attempting to get a quick signature to release all parties from the construction contract getting the banks money back in which the contractor hasn't returned it to the lender after the 12 months expiration of the contract . the contractor has agreed to pay back the... View More

Griffin Klema
Griffin Klema
answered on Jan 24, 2019

Your question is somewhat confusing. If the borrower and the contractor are on "opposite sides of the v." or are both a plaintiff or a defendant but adverse to one another (such as a cross claim) then a release should be able to accommodate whatever settlement structure the parties desire... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: I'm a condo owner and I live below a neighbor who has an old and noisy balcony door

I'm a condo owner and I live below a neighbor who has an old and extremely noisy sliding balcony door which she opens every morning at around 7 am at least 10 times within a few minutes, God knows why, and as a result I wake up every time and cant sleep anymore even with earplugs on and feel... View More

Griffin Klema
Griffin Klema
answered on Jan 24, 2019

It depends on whose responsibility the door is. It may not even be the unit owner's property, but rather a limited common element. Consider approaching the condo board about the matter, or reviewing the declaration to determine if the balcony door is the association's responsibility. If... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: I am wondering if I have a case for false detainment for a 17 year old and interviewing her without a parent when she

Was not home at the time it happened.

Griffin Klema
Griffin Klema
answered on Jan 24, 2019

Maybe. There are too few facts to determine how strong or weak the claim may be, assuming there is even a claim. I further assume you are the parent of the 17 year old? If you are, once she reaches the age of majority (18), she will likely have to pursue the claim herself, not you as the parent.

1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on
Q: Seeking how I ask the Bench Judge to Censure Counsel for request to Withdrawal from my case based on an erroneous claim?

I have a Privileged and Confidential letter from my Attorney making mistaken statements about a previous COMPLAINT on file and which the Judge Agreed Upon. My Counsel warned me if I disagreed with his reasoning that he would quit. I need to know how to ask the Judge to review the filings on record,... View More

Griffin Klema
Griffin Klema
answered on Jan 24, 2019

Generally speaking, you hold the privilege (and thus the right) to keep information confidential, or to reveal it under the attorney-client privilege. Disclosing information that your attorney provided to you may not be in your best interest however, and I recommend you have another attorney review... View More

1 Answer | Asked in Intellectual Property and Trademark for New Jersey on
Q: Am I obligated to respond to a company’s request for assistance after they infringed on my trademark?

A company was infringing on my registered trademark and I reported it to the marketplace they were using. All of their items were removed (including items not related to my TM). They have emailed and called requesting that I rescind my complaint so that they can begin selling the non-infringing... View More

Griffin Klema
Griffin Klema
answered on Jan 16, 2019

The answer probably depends on the marketplaces' merchant terms. Absent any contract between you and the infringer, the answer is probably no.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: Can I make and use a logo that is inspired by a tattoo on a character in a movie? silent from 1925, paramount pictures
Griffin Klema
Griffin Klema
answered on Jan 16, 2019

Fascinating hypothetical. The answer probably depends on a few things: Was the tattoo a reproduction of another artist's creation, or based on an existing trademark? If so, have those rights now lapsed or terminated? Was the tattoo a part of the film's original creative makeup? If so, has... View More

1 Answer | Asked in Business Formation, Intellectual Property and Trademark on
Q: I want to create a business, but only register the trademark, how can i do it
Griffin Klema
Griffin Klema
answered on Jan 16, 2019

Trademark rights are based on use, but a registration can be very helpful. If you need assistance evaluating if you can get a trademark (i.e. have clearance to use the mark), or need assistance getting a trademark (whether federal or state), contact a lawyer who specializes in such matters. I have... View More

1 Answer | Asked in Intellectual Property on
Q: Does paraphrasing or summarizing the conclusions of a scientific study or paper qualify as "fair use"?

Which of these fictional examples would qualify as "fair use" when citing a scientific paper?

1. Research indicates that increasing the water flow to corn fields increases annual growth (Johnson et al., 2022).

2. A study found increasing water flow to fields by 10%... View More

Griffin Klema
Griffin Klema
answered on Jan 16, 2019

The fair use defense depends on a number of factors. Read 17 U.S.C. 107. There is no way to provide an opinion about your particular hypotheticals without further information, since it is fact-intensive and specific to those facts. If you want an actual legal opinion, you certainly don't want... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: how to see if a design is patent able?
Griffin Klema
Griffin Klema
answered on Jan 16, 2019

Hire an attorney to conduct a prior art search and provide an opinion about whether your design is patentably distinct over the prior art. I recommend you budget about $2,000 for this work. Good luck!

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1 Answer | Asked in Civil Litigation for Florida on
Q: Civil matter attorney for a declatory judgement for a skipped owner vehicle. TY
Griffin Klema
Griffin Klema
answered on Jan 16, 2019

This question is indecipherable, and unclear what you're asking. Try restating the question with more detail about the problem you're facing, and what you're trying to accomplish.

2 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: I need to know how to go about to start a writ of replevin of property that I own and has not been returned to me.

I have called the county clerk and they dont even have the slightest clue in how for me to start the process. I have searched online for the packet so that I can fill out and submit and nothing is found.

Griffin Klema
Griffin Klema
answered on Jan 16, 2019

Replevin can be a straightforward process. Read Florida Statute 78, ALL OF IT. Also review the forms included in the Florida Rules of Civil Procedure, including Form 1.908, 1.916, 1.937, and 1.995. The basic process in a replevin action is: 1. Draft and file three things: (A) complaint, (B) an ex... View More

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1 Answer | Asked in Consumer Law for Florida on
Q: I live in florida if pep boys charges you and doesnt actually fix your car can you sue them
Griffin Klema
Griffin Klema
answered on Jan 5, 2019

If they did the work they said they were going to do, then probably not. Just because a fix that you paid for doesn't actually fix the car doesn't mean the shop is liable for failing to fix the problem. Where things get more difficult is if you paid for a diagnostic, and they got it... View More

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