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Questions Answered by Marcos Garciaacosta

1 Answer | Asked in Entertainment / Sports on

Q: I am wondering about when my ex has my children in the summer if he is allowed to not have the go to there ball games

He gets them half of summer and is trying to take them on a vacaction where my son will miss games I have paid for

Marcos Garciaacosta answered on Apr 20, 2019

This may be something the court would not want to get involved.

It is probably too much hassle to go in front of the judge, but you can do that if you do not come to an agreement.

1 Answer | Asked in Copyright for Florida on

Q: I'm looking for an Attorney for Patented/Copyright! The Patent is #4926171, The Copyright is on the wayback machine.

The Copyright is listed as, ( safetytechnologypartners.com 2006 on the "wayback machine "

Marcos Garciaacosta answered on Apr 8, 2019

I suggest you schedule a consultation via phone to understand better your needs.

480 324 6378

1 Answer | Asked in Copyright on

Q: Can I download and modify YouTube videos under Creative Commons license for commercial use?

I want to download and modify YouTube videos under Creative Commons Attribution license (reuse allowed) for commercial use outside YouTube. I will state their credit.

Marcos Garciaacosta answered on Apr 8, 2019

Very likely not. Unless the video itself provides a license to make changes, And you must read and understand it correctly.

Very likely it will cause a reaction, cease and desist and potential infringement claim.

2 Answers | Asked in Trademark for New York on

Q: I'm planning to file trademark so that i can use a certain username on twitter, facebook and instagram.

The word im planning to file for trademark is not generic word. It is a made up word but can only be found on urbandictionary.com. But I already have the .com domain name of it.

I am US military veteran, is there a cheaper way to file the trademark beside https://www.uspto.gov?

Marcos Garciaacosta answered on Apr 20, 2019

You need to decide if this is a business and plan accordingly.

You should work on a budget and revenue plan so you can make sure you are investing the right amount of money for the returns you expect.

Just like anything in life you end up getting what you pay for, so use a reputable...
Read more »

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3 Answers | Asked in Copyright and Intellectual Property for Kansas on

Q: Am I violating any laws by selling items with my own graphic design/phrase tha has been newly TM'd by someone else?

Hello,

Thank you in advance for your time.

Three years ago I designed text and graphics that includes a particular phrase. I have been selling this graphic on textiles, apparel & enamel pins since 2016. It has come to my attention that another company has very recently trademarked... Read more »

Marcos Garciaacosta answered on Apr 20, 2019

Agree with the colleagues.

Think Delta, delta, Delta. Faucets, airlines, power supplies. All co-exist in the market and nobody would get confused.

YOU SHOULD consider registering your brand before somebody else uses it for your same market and registers it before you.

YOU DO...
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1 Answer | Asked in Estate Planning, Consumer Law, Copyright and Criminal Law for Georgia on

Q: Can I use e plurubus Unum as name for my brand as long as it don’t contain the logo

Marcos Garciaacosta answered on Apr 1, 2019

You should check if it is registered already.

If it is not, you may get it, depending on what it is used for.

Most government names, brands, documents, etc. are not registered.

They may have security protection, but unless that is the case, or are other requirements for...
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1 Answer | Asked in Copyright and Trademark on

Q: would the name litelyft infringe lyte's trademark?

I meant LYFT. So, would the name litelyft infringe LYFT'S's trademark?

Marcos Garciaacosta answered on Apr 1, 2019

very possible, specially if it is related to the same type of service, or close enough product.

it will be infringement if it is for ride sharing

1 Answer | Asked in Copyright for Tennessee on

Q: A lot of people call any side by side a RZR. If you Made a shirt that says, "let's go RZRing" would that be infringemen

Marcos Garciaacosta answered on Apr 1, 2019

What is a side by side?

If it is a very common, widely used term, it is probably not protectable, so anybody could use it.

It will also depend if you are filing for protection or just going to make the product without any registration.

1 Answer | Asked in Trademark on

Q: IS BONNIE IS TRADEMARK CAN SHIP TOYS HAVE BONNIE NAME YES OR NO

Marcos Garciaacosta answered on Apr 1, 2019

You probably need a consultation to clarify what it is you want and need.

Feel free to reach out for a free online consultation.

3 Answers | Asked in Estate Planning, Intellectual Property and Tax Law for Texas on

Q: My Husband inherited property from his late Father who left no will. He has two sisters, one wanted to sell, my Husband

doesn't want to sell. My Husband has been paying taxes on the property for the last five years. We want to place a house on the lot. How does he claim full ownership of the property? My Husband's Mother is still alive, and wants him to keep the property. The spouses divorced years ago, but there... Read more »

Marcos Garciaacosta answered on Apr 20, 2019

Negotiate, negotiate, negotiate. That is probably the best option you have as far as getting ownership over the property. Expect to pay, buy.

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2 Answers | Asked in Trademark for Florida on

Q: How much does it cost to get a trademark?

Posible logo or company name trademark

Marcos Garciaacosta answered on Apr 1, 2019

About $1,500 for the whole process assuming there are no major issues, and I would point out the potential major issues. With government fees.

If you compare to online DIY services it is very competitive, as those online businesses will try to extract as much in extra fees as possible....
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2 Answers | Asked in Trademark for Massachusetts on

Q: When trademarking a name/brand are you only able to trademark one version of the name or can other versions be included?

For example Blue Moon is the name of the company but on social media it's Blue.Moon or BlueMoon. Would trademarking Blue Moon protect Blue.Moon or BlueMoon social media pages?

Marcos Garciaacosta answered on Apr 1, 2019

For the most part yes, if the mark starts evolving in other channels into something that does not resemble enough the registered trademark, you should consider filing for protection of those derivatives.

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2 Answers | Asked in Copyright and Trademark on

Q: If 2 objects have the same name, and one of them becomes trademarked, does the other one become susceptible to infringe?

Marcos Garciaacosta answered on Apr 1, 2019

assuming the two products are similar, or serve the same purpose.

Like two cars from two different companies. Or Shoes.

If they are in very dissimilar markets, then they may co-exist.

Check Delta.

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2 Answers | Asked in Intellectual Property on

Q: can I name a product after a one word song lyric that the artist / publisher did not trademark for the specific use.

Marcos Garciaacosta answered on Apr 1, 2019

Possible,

it will depend on how close that is to protected, or established brands or content.

A trademark is for identifying the origin of a product or service.

If that term has become an identifier for somebody else, you may be infringing if you use it for similar product...
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Q: How may I buy a patent from any company?

I would like to buy a patent , jewellery article from company which has already got one

Marcos Garciaacosta answered on Apr 1, 2019

Are you referring to the name or the design of the product?

They are two different things.

And you should engage with the owner and negotiate price and terms.

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1 Answer | Asked in Intellectual Property for Virginia on

Q: How do I get a preliminary injunction?

I have the state and federal trademark for my event name. Last year two parties started doing the same one and using a big part of my name. I paid an attorney; who is not a trademark lawyer, to send a cease & desist letter but it was after their event had already passed. She said they never reached... Read more »

Marcos Garciaacosta answered on Mar 24, 2019

If cease and desist letters are not working, and you have tried amicably to settle with them, looks like your only option is to file a lawsuit.

In the lawsuit you can ask for an injunction. It will be based on the chances that you will win the lawsuit, so it is not a done deal....
Read more »

1 Answer | Asked in Copyright for Texas on

Q: I have a band called Beyond Redemption. There is a band in England with the same name. will that cause copywrite issues?

Marcos Garciaacosta answered on Mar 24, 2019

maybe, it will depend if they have a registration in the USA or if they are selling their product and service in the USA as well, or if you plan to go and play in England.

You should schedule a consultation to go deeper in your issue.-

2 Answers | Asked in Trademark for Georgia on

Q: I already registered my trademark now what do i need to do and do I need a lawyer?

Marcos Garciaacosta answered on Mar 24, 2019

Use it. Use it consistently.

Like Ms. Amos indicated, police it.

And remember to renew it at years 5 and 10, after that it is every 10 years.

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2 Answers | Asked in Copyright and Trademark on

Q: is nicer dicer quick have a trademark?

i search about it but i did not find that it have a trademark and it is safe to use is that right

Thanks

Marcos Garciaacosta answered on Mar 24, 2019

It also depends on the type of use the trademark has.

It is registered by type of product or service, so even if it is registered you may be able to get a registration.

Contact an attorney that can help you in clearing the brands you want to file for.

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2 Answers | Asked in Trademark for New York on

Q: Can I remove an "owner" from my trademark? Do I need to go to court?

Marcos Garciaacosta answered on Mar 23, 2019

A trademark is property, just like a car or a house. If you are transfering ownership, from two people to one, for example, you will need some proof of that transaction and agreement of the parties.

Then you can register that change with the USPTO.

best luck

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