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Questions Answered by Karima Gulick
Q: I'd like to know if CBD is considered illegal by the federal government,then why can they have a Patent on it?
Karima Gulick
Karima Gulick answered on Nov 28, 2017

Even if fully compliant with California law, Cannabis and CBD is still a Schedule I drug under the Federal Controlled Substances Act.

It really depends on which product you are trying to patent. If it's a cannabis related substance, chances are you won't get any patent on the...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: I want to know whether my US design patent can be protected in EU country or Canada?

I also want to know if someone sold products with my design before my design patent certificate registered, can I accuse him as infringement after my patent registered? If not, what else can I do to stop him selling products with my design patent?

Karima Gulick
Karima Gulick answered on Nov 21, 2017

1) Can you protect your US Design Patent in the EU or Canada?

This will depend on when you filed your design patent. Typically for design patents, you have 6 months from the date of filing in order for you to file in other countries and claim priority to your US date.

If your...
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1 Answer | Asked in Trademark for South Dakota on
Q: We are wanting to trademark a slogan for our company, "Handcrafted In the Name of Beer" but "In the Name of Beer"

Please remove Q&A.

Karima Gulick
Karima Gulick answered on Nov 16, 2017

This would most likely lead someone to confusion between the marks and as such, you should probably find a different name.

As always, please read the disclaimers below.

1 Answer | Asked in Copyright and Trademark for California on
Q: Hi

I need to re-instate my brand. I have kept my web site up all the time and I have been doing business under my name and sold under my name : ethnic Revolution.

How could you help me re-instate?

Joe

Karima Gulick
Karima Gulick answered on Nov 6, 2017

Hi Joe,

It looks like your mark was cancelled because you failed to file a Declaration under section 8 in a timely manner. If you miss the filing dates and the mark is cancelled, the only way to reclaim federal trademark rights is to file a new application for registration....
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2 Answers | Asked in Trademark for California on
Q: can 2 different people own a trademark in 2 different categories.
Karima Gulick
Karima Gulick answered on Nov 3, 2017

I agree with Mr. Gerity. As long as the industries are unrelated and it would not lead someone to be confused, then it would be ok.

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2 Answers | Asked in Intellectual Property for California on
Q: Am I violating this person IP? Theirs - https://patents.google.com/patent/US7624890B2/en Mine- https://goo.gl/ugSPvK
Karima Gulick
Karima Gulick answered on Oct 23, 2017

I completely agree with Mr. Cogan, you need to consult a registered patent attorney for a proper analysis.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Can I grab an expired trademark and sue the former holder for still using it on his website?

I just received a very rude message on Facebook from someone who is selling a similar product than ours under the same name (it's an online learning video course). Our Facebook page has the same name as his product and we were told to immediately change the name or there will be legal... Read more »

Karima Gulick
Karima Gulick answered on Oct 23, 2017

As Mr. Gerity mentioned, there is a difference between trademark rights and trademark registration.

For your particular case, some time need to be spent analyzing the merits of the infringement, and to help you figure out whether your mark is actually conflicting with theirs or infringing...
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3 Answers | Asked in Trademark for Illinois on
Q: what's the best way to start? I Have My Logo which I Design,I Want To Make tees / caps with my logo I Dont Have Any TM

I Dont Have Any TradeMark register, I'm interest to do it, and basically get my logo protect and my others logos for my respective names of projects (talking About Record Label, Graphics,And Music Productions)

Clothing namely, shorts,caps, hat, jerseys,blouses, shirts, T-shirts,

Karima Gulick
Karima Gulick answered on Oct 23, 2017

The proper way to go about this is to do a trademark search or a quick knockout search to make sure no one else has registered your mark or anything similar. If you are set on the designs, you can also just proceed with the registration without any professional searches. Most trademark attorneys... Read more »

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1 Answer | Asked in Intellectual Property for California on
Q: My business partner and I had a falling out while developing a new technology. He subsequently sold it off to a larger

tech firm but won't give me a share of the profit and didn't consult me before agreeing to sell. Does this void the sale?

Karima Gulick
Karima Gulick answered on Oct 15, 2017

Your case is complex enough that you should see a competent lawyer in your area to confirm technical points such as who owns the intellectual property, in the absence of written agreements whether an oral partnership exists, whether your partner would have a right to use your intellectual property... Read more »

1 Answer | Asked in Copyright and Trademark for California on
Q: Is it illegal to reference celebrity names/pictures/information in a mobile app

For example, developing an application which references workout routines celebrities use to get in shape, as given by certain celeb magazines.

Karima Gulick
Karima Gulick answered on Oct 10, 2017

U.S. Copyright laws state that only the work’s “author” has the right to reproduce, distribute or make “derivative works” of the work. However, there are certain exceptions. Some of these exceptions are known as “fair use" which include parody and news reporting.

More...
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1 Answer | Asked in Copyright and Trademark for Delaware on
Q: trade mark question

hi , i am trying to start a company by a certain name , that name is taken (though their domain is hyphenated and i bought the original name domain).

they did not register the name as a trade mark and its free for the taking.

QUESTION!!

if i pay for the trademark and i take... Read more »

Karima Gulick
Karima Gulick answered on Oct 9, 2017

More details would be necessary to best answer your question.

1 Answer | Asked in Trademark for Louisiana on
Q: is this trademark valid in the US, Lazy Bear Brewery
Karima Gulick
Karima Gulick answered on Oct 9, 2017

It looks like "Lazy Bear Brewing Company" which is a similar trademark was issued in the U.S.

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:za883w.2.1

1 Answer | Asked in Trademark on
Q: am I allowed to create a tech website with the name Windows in it?

I have created a tech news website named makewindowsgreatagain.net and I am wondering if it's legal because someone told me Microsoft will sue me and demanded I hand over the domain name when they find out and that I would be called a copyright pirate.

Karima Gulick
Karima Gulick answered on Oct 9, 2017

Trademark rights are used to prevent others from using a confusingly similar mark. By looking at your site, I would say that a reasonable person might be confused as to the the origin of the site, and because others might be confused and think that this is site from Microsoft, I would stay away... Read more »

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark on
Q: HI, I sent an image to a 'fit finder' group, which has since been taken by various news agencies and used in articles.

I privately message them, so they could post it on their page, as so I could remain anonymous, but I did not give permission for them to give out my image to people other than their own page. Am I entitled to anything?

Karima Gulick
Karima Gulick answered on Oct 9, 2017

It depends on the agreement you had with them. Was there a standard agreement for anyone sending them images? did you specify when sending the image that only they could use it? More details on this are needed to better answer your question but I would start by looking at their standard agreement... Read more »

1 Answer | Asked in Copyright for California on
Q: can I legally create an app to easily allow users to browse, search, and consume free online videos like from youtube?

Can I charge users a monthly fee for using the app?

Karima Gulick
Karima Gulick answered on Oct 9, 2017

You probably can't charge users a monthly fee for using the app without the permission of the authors of the videos.

In general, you can either use the work under fair use or after requesting auhtorization from the authors. Given that you intend to make profit from the users, fair...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: If I have invented a new methodology to write/implement code inside a software to achieve better performance then which?

Will it be: Software configuration (Class 717/121) or

Source code version (Class 717/122) or

Design documentation (Class 717/123)? The invention describes the idea how a software should be written to improve performance of the software.

Karima Gulick
Karima Gulick answered on Oct 9, 2017

Usually, the classification of a new invention is a question for the USPTO, or whoever is doing a prior art search or a freedom to operate search.

I usually look at close prior art and look at their classification. But when in doubt, and especially for searching purposes, I would include...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: if I have a similar idea, similar in function and apbut difference of materials used, can I apply/receive a patent on it
Karima Gulick
Karima Gulick answered on Oct 8, 2017

You can but only if the improvement would not have been obvious to someone else skilled in the art. It would be difficult to patent the same idea, the same function and same application with a different material unless you can show that making it with that material would have been impossible in... Read more »

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1 Answer | Asked in Trademark for California on
Q: Can I use names like Beaty and the Beast or other Disney movies names in titles for selling products like ribbons?
Karima Gulick
Karima Gulick answered on Oct 6, 2017

A quick Trademark search for Beauty and the Beast on the USPTO website shows that a few companies have registered trademark rights for variations of the title. In addition to trademark issues, you would also be dealing with copyright issues in this case. Trademark laws prohibit engaging in unfair... Read more »

Q: Can I use words like "remix" and "original" on a t-shirts if they are registered here: Serial Number 87317107.

Original and remix sounds like generic worlds to me. Or it is not? Can someone register "Merry Christmas" and sue everyone for IP infringement if they print t-shirts with "Merry Christmas"? Can I start selling t-shirts with name "Original" and "Remix" in a... Read more »

Karima Gulick
Karima Gulick answered on Oct 5, 2017

A look into the registered mark shows that the trademark is for the sentence: "THE ORIGINAL, THE REMIX, AND THE ENCORE".

I don't see this being an issue for having words like "original" or "remix" printed on a t-shirt.

If you have any other...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: Can I apply this technology for my project without the inventors knowledge? (Dual torque vectoring patent )

Dual torque vectoring for dual electric power train ?

Karima Gulick
Karima Gulick answered on Oct 5, 2017

I would not spend substantial effort or money on this project before answering a few questions:

- Are you sure your project will be infringing on these inventors patent. Look at their patent, read the claims and determine whether your project will be infringing on their patent.

-...
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