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Questions Answered by Griffin Klema
1 Answer | Asked in Civil Litigation and Estate Planning for Florida on
Q: My stepbrother has control of my mother’s estate,there is an unsigned updated trust before death,options?

The updated trust disappeared after her death and cannot locate notary, attorney completed trust and submitted it to my mother to sign but her death came too soon,stepbrother has vindictively treated me and my sister/ her natural children by eviction and sell of all family assets and eirloom... View More

Griffin Klema
Griffin Klema
answered on Nov 30, 2018

You're in a difficult position. Florida law on probate and estates includes strict requirements for enforcement of testamentary documents, like wills and trusts. If the updated trust was not executed by your mother, then you're probably fighting an uphill battle. I suggest you find a... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Florida on
Q: I had my RV repaired and than placed on consignment with a company known as America Choice RV. This company was later by

purchased by Campers World. After purchase the America Choice sales lot was closed with all inventory, including my consigned unit, moved to a different location. During the inventory transfer, my unit was somehow lost. It was never listed as a part of the inventory in the new location.... View More

Griffin Klema
Griffin Klema
answered on Nov 30, 2018

You probably have some legal recourse, though practically speaking, if it was insured, consider filing a claim with your carrier to recover for your loss. Otherwise I suggest you speak with a lawyer about the possibility of a lawsuit against Campers World and/or its predecessor in interest America... View More

1 Answer | Asked in Contracts, Appeals / Appellate Law and Civil Litigation for Florida on
Q: How do I get my wife removed from a court order?

My wife and I have been individually responsible for our own medical expenses ever since we were married. In February 2016, I was in the hospital for seizures and my wife was acting as my representative. Upon my release, she asked the nurse if she could recommend a home health care provider. She... View More

Griffin Klema
Griffin Klema
answered on Nov 30, 2018

Generally, there are limited options after judgment: (1) Move for a rehearing on the summary judgment. (2) Appeal an error made by the court during the proceedings. (3) Seek to modify the judgment, but there are only limited circumstanced in which the order can be modified. See. Rules 1.530 and... View More

3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Please help me with following patent for a foam water squirting toy: US7571837B2 by Prime Time Toys Ltd.

We would like to make a foam water squirting toy for promotional use but I want to make sure we are allowed to do so. Thank you for explaining what exactly is patented and what we are allowed to make.

Griffin Klema
Griffin Klema
answered on Nov 30, 2018

You should get a formal legal opinion from a patent attorney, often referred to as a freedom to operate opinion, or non-infringement opinion. Expect to budget about $5,000 for that legal work.

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2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Roomate moved on lease are they due for half rent
Griffin Klema
Griffin Klema
answered on Nov 30, 2018

Under a contract, each party is generally liable for all the obligations under it. Multiple roommates on one lease are each individually responsible for the entirety of all the rent. The landlord could sue any one of the tenants for all the rent. Unless you had a separate written agreement with... View More

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1 Answer | Asked in Civil Litigation and Real Estate Law for Florida on
Q: i need a real estate lawyer than can help me with a some one cutting off my well water, that is on my property

two properties were owned together , a home and a business. there is a well that supplied the business for 50 yrs, the home im not sure if it still supplies or how long it did. i know its a case for prescriptive easment at the very least, also in my mortgage or title work there is a paragraph that... View More

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

First, the adjacent owner's liability to you is probably not the full value of the property you bought. Lost rents, and other damages in a tort claim may be available in addition to an equitable action quieting title to the well. Practically speaking, you might consider exploring the cost of... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Real Estate Law for Florida on
Q: Was served a termination of lease my landlord. She hassaess my wife and I since moving into these apartments. Help!

I recently lost my job due too Hurricane Michael. We are in a same sex marriage. The landlord has not made any further repairs to the unit in a year. The apartment complex accepts Section8, HUD, and Income based residents. The landlord has done unlawful background checks on my wife and myself. The... View More

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

I suggest finding help at your local courthouse or law library that may be able to assist with a landlord-tenant clinic or pro bono. Good luck.

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Where i get information on the result of my case

This case been active for over 12 years now Evergreen Lakes HOA Inc vs Lloyd's Underwriters at London a/k/a Underwriters at Lloyd's, London.

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

You can find the case online with the Broward County Circuit Court: https://www.browardclerk.org/Web2/

Search by case number: CACE06019403

1 Answer | Asked in Intellectual Property for Colorado on
Q: Is there ever any situation where you can trademark and copyright the same piece of intellectual property?
Griffin Klema
Griffin Klema
answered on Nov 14, 2018

Yes. Broadly speaking if it's both a creative work (copyright) as well as a source identifier (trademark), then it may be covered by both types of IP. This is sometimes referred to as "industrial art."

2 Answers | Asked in Intellectual Property for New Jersey on
Q: I was told that the story I wrote has copyright automatically attached to it. What are the benefits of registering

copyright then?

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

The big benefit: You can't enforce your copyright in a court of law without a registration. You also get certain legal presumptions (shortcuts) during enforcement proceedings, and other benefits under the federal copyright law.

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1 Answer | Asked in Intellectual Property and Trademark for Utah on
Q: If I am using the name DadPoolTV for streaming online and creating content, am I violating any tradmarks for DeadPool?

I am using the username DadPoolTV for creating videos and streaming content online through Twitch.TV and Mixer.com and YouTube.

Am I at risk of violating DeadPools copyright on the name?

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

The answer to your question should be obtained in a confidential setting with a lawyer, not here on a public forum. You wouldn't want a "bad" answer to be public information and then used against you later. The short answer is maybe, and I recommend you consult an attorney if you are... View More

1 Answer | Asked in Intellectual Property and Trademark for Utah on
Q: If a company has their logo elements trademarked and another company wants to sell products in the same category with

an almost identical brand logo with the same meaning, is there a way to co-exist? Can the 2nd company offer to pay an up front and/or annual trademark usage fee to the first company in order to selling similarly-branded products in the same category? If so, what is a customary fee to secure the... View More

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

Short answer: Maybe.

Long answer: It depends on the willingness of the first company (who has the trademark registration) to either license its trademark rights, or otherwise work out a deal with the second company to allow a potentially confusingly similar mark to exist in the same market....
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1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) on
Q: How can I sell my patent to Spotify for example?
Griffin Klema
Griffin Klema
answered on Nov 14, 2018

You could try contacting their legal department yourself, or you could engage the assistance of an attorney experienced in patent licensing. A word of caution: how you approach a prospective licensee must be done carefully. Coming across too strong could result in the company feeling threatened,... View More

1 Answer | Asked in Business Formation, Intellectual Property and Business Law on
Q: I was a Director for a national company. We sold to GrubHub for millions on a cash deal. I have a compant idea.

I have an intellectual property idea worth a lot of money as no competition yet exists. Investors are offering funds how can I protect my IP? So it’s not ripped off or stolen if I present it to VC’s or companies? Contact : 781-307-5642

Thank you very much.

I put detailed... View More

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

Protecting your idea depends on what it is. It could be patentable. It could be kept confidential as a trade secret. Or it could be copyrighted (e.g. computer code). It all depends on what it is you're trying to protect. If you are serious about investing in your business, expect to budget... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Good day! What are the specifics of psychology medical practice methods patenting? Are they patentable at all?
Griffin Klema
Griffin Klema
answered on Nov 14, 2018

Short answer: Maybe.

Long answer: Generally speaking methods of providing a therapy are patentable, but it is hard to get into the any specifics without some factual context for your case (and I recommend against seeking same in a public forum). All patents are subject to the statutory...
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1 Answer | Asked in Intellectual Property for New Jersey on
Q: Creating content for brand with an end card that says 'brought to you by'. Content includes pics of athletes. Doable?

Working with a non-sponsor brand to create content that includes athlete image and stats, and then the graphic will have in association with. Was wondering if there was an issue here. What if the image of the athlete is in art form?

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

Short answer: Yes, there are issues.

Longer answer: There are several issues that need to be carefully evaluated in your situation. First is the right of publicity. The second is potential copyright implications both for the photos and any stylized/artistic rendering of a person. Trademark...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: My dad invented insta fire and on most of the the patent abstracts his name is changed not only the he named him produc

Pantent #6093224 inventer Gary T Jones

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

It is not clear what your question is (maybe you submitted the form before typing the full question?). The USPTO shows "Gary T. Jones" as the first named inventor on U.S. patent no. 6,093,224. The abstract for that patent does not include any names.

1 Answer | Asked in Copyright and Intellectual Property on
Q: HOW TO FIND FULL CONTINGENCY LAWYER FOR REGISTERED COPYRIGHTS/TRADEMARKS INFRINGEMENT

We offer maximum allowed by law FULL CONTINGENCY worth millions, valued 20 years 200 Million U.S. Dollars...NOTARIZED/SIGNED/SEALED CONFIDENTIALITY AGREEMENT/FIDUCIARY RELATIONSHIP...

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

There are many attorneys who offer representation on a full contingency basis, although a lawyer's willingness to offer a pure contingency fee arrangement (i.e. incur the risk of both time and court costs if the case is lost), depends on the strength of a case and its value.

I...
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2 Answers | Asked in Intellectual Property and Trademark for Iowa on
Q: If a trademark saying was active but has now been abandoned, can I step in and take over with a similar trademark?

Trademark taken by another person/company: Live by the seed of your plants

Our trademark: We live by the seeds of our plants

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

If you want my longer explanation to this common question, see my blog post: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/

I too agree that you should probably get a clearance opinion from a trademark lawyer if you want a more reassuring answer. It will involve...
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3 Answers | Asked in Civil Litigation for Florida on
Q: Is there a time limit to file a suit involving two businesses?
Griffin Klema
Griffin Klema
answered on Nov 14, 2018

Yes, and Mr. Baron's answer is a good one. Most civil causes of action will expire after 5 years. But that depends in large part on when the claim matured (accrued). The time limit starts to run from when all the elements of a cause of action have occurred, and there are other rules that... View More

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