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Questions Answered by John B. Hudak
3 Answers | Asked in Patents (Intellectual Property) for New Jersey on
Q: How much would it cost to patent my face mask designs?
John B. Hudak
John B. Hudak answered on Aug 17, 2020

Consider calling different attorneys and getting some quotes – the previous answers seem to fall in the range of what different attorneys will quote.

This answer includes generalizations. There are many caveats. This answer does not form an attorney client relationship.

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1 Answer | Asked in Trademark for New Jersey on
Q: Trademarking a name for my CLOTHING COMPANY, however a local BEER COMPANY the name TM'ed for a SINGULAR BEER?

I have done some research and cant figure it out!

So, I started this clothing company named after my areas ZIP Code. People love the area and enjoy local goods. Here is my situation:

Each county in New Jersey has a specific ZIP code and the towns within it also have a specific... Read more »

John B. Hudak
John B. Hudak answered on Aug 14, 2020

Consider a consultation with a trademark attorney. There are specific issues related to trademarks when the geographic origin is part of the trademark.

Generally, trademark infringement is found when there is likelihood of confusion related to: (1) the similarity of the marks; and (2)...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Hi, I am an employee at Microsoft. How do I submit an idea for patent application? How to start this process? Thanks!
John B. Hudak
John B. Hudak answered on Aug 14, 2020

Consider a consultation with a patent attorney to determine your rights.

Generally, if the invention is made related to employment, then the employer owns the invention. Although, the specific facts related to the invention will determine who owns the invention. That is why a consultation...
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1 Answer | Asked in Patents (Intellectual Property) for Nevada on
Q: I would like to patent a face mask idea
John B. Hudak
John B. Hudak answered on Aug 14, 2020

Consider using the find a lawyer function in Justia to look for a patent attorney. Call around and get some quotes. The patent attorney will guide you through the process.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Does fendi shades are patents?
John B. Hudak
John B. Hudak answered on Aug 13, 2020

Colors can have elements of trademark and trade dress rights associated with their use – in the general area of clothing/apparel/products/packaging.

In the past, rights have been secured for the use of color on different parts of a shoe. Although in general, fashion has its particular...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Can you help me to sell my patent?

Patent number: 7851255 filed in 2010

John B. Hudak
John B. Hudak answered on Aug 13, 2020

Search patent brokers – give them a call – some can be hit or miss if they will pick up their phones.

There are some non practicing entities (NPE) – which can have a bad reputation as abusing the system – although some aggregate electronic patents to be bought or sold. Also a NPE...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Wisconsin on
Q: Do you know of any patents for a dr. Pepper bbq sauce?
John B. Hudak
John B. Hudak answered on Aug 4, 2020

A patent search would be needed to determine if a patent possibly exists.

A do it yourself search can be started with learning about searching for patents on the USPTO website (https://www.uspto.gov/patents-application-process/search-patents)

Although, it is generally recommended...
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2 Answers | Asked in Copyright and Trademark on
Q: I want to design a funny t shirt with a famous WhatsApp logo. WhatsApp is an app that millions of people use.

For eg Whatapo my friend?”. Will that infringe on the copyright law?

John B. Hudak
John B. Hudak answered on Aug 4, 2020

Generally, using another’s trademark can be trademark infringement or trademark dilution.

Consider consulting with a trademark attorney. Many companies work vigilantly to protect their trademark because it is valuable. Therefore, it is prudent to assess your risk before using...
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2 Answers | Asked in Trademark for Michigan on
Q: I want to buy the trademark to 'Purple Urkel' for my LLC. The current status of the trademark is 602 - Abandoned.

602 - Abandoned-Failure To Respond Or Late Response is the staus of a trademark I want to purchase, can I still purchase it?

John B. Hudak
John B. Hudak answered on Jul 31, 2020

Consider a consultation with a trademark attorney to discuss how to obtain trademark rights – and the likelihood of obtaining the desired rights.

If you are doing research on your own the United States Patent and Trademark Office website (uspto.gov) has a lot of material/information....
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Can we manufacture and sell this product

We are planning to start e commerce business and finalized a product after browsing lots is products on global sourcing. But when we searched same product on amazon it says a patent has been filed on the product - US Utility Patent No. US 9585455 B2. US Design Patent No. USD 821033. Can we... Read more »

John B. Hudak
John B. Hudak answered on Jul 31, 2020

A full analysis should be made to determine if the proposed product infringes on the found patents. If non-infringing, it may also be prudent to do a full search to determine if the product infringes on a patent not yet discovered.

As a general disclaimer, this answer includes...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: How can I buy a trademark that is listed as unused since 2008?

I was researching for a brand name and this one appeared as unused in the Justia Trademarks display page. Just the steps to acquire the brand name before using it Online.

John B. Hudak
John B. Hudak answered on Jul 31, 2020

Consider a consultation with a trademark attorney to discuss how to obtain trademark rights – and the likelihood of obtaining the desired rights. Generally, trademark rights are obtained by use (common law rights) -- and then there can be a federal registration to gain additional rights. Or, a... Read more »

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1 Answer | Asked in Contracts, Copyright and Business Law on
Q: I would like some legal advice regarding making a full-length movie and releasing it in theaters.
John B. Hudak
John B. Hudak answered on Jul 25, 2020

There will be multiple issues to project you are planning – consider an entertainment attorney, business attorney, or another attorney that does funding work or other contractual work. As a suggestion, use the Find a Lawyer function in Justia to find a lawyer. Make some calls. And try to find... Read more »

1 Answer | Asked in Trademark for California on
Q: I am looking for advise and guidance on a lawsuit.
John B. Hudak
John B. Hudak answered on Jul 25, 2020

Use the Find a Lawyer function in Justia to find a lawyer in the practice area of the lawsuit. Make some calls. And try to find the best attorney who fits your needs. Best of luck.

This answer includes generalizations and there are many caveats. This answer does not form an attorney...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: What if a patent has claims that r both trivial&prior art? And just a few claims that might be original? ....

Is the patent valid?

Can the use of those claims where there’s prior art be persecuted?

John B. Hudak
John B. Hudak answered on Jul 25, 2020

In general, if prior would invalidate the claim for reasons of novelty or obviousness then the claim will be invalid – if that comes to light during examination, another action before the patent office, or during litigation.

Many patent claims seem trivial, but the way most patent claim...
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3 Answers | Asked in Trademark for Maryland on
Q: If the status code is stating “abandoned” does that mean it’s available for use again?
John B. Hudak
John B. Hudak answered on Jul 31, 2020

A trademark can have common law trademark rights – obtained by use. Therefore an inactive federal registration does not necessarily mean that a trademark is clear to use.

Also an abandoned application can be revived – depending on the underlying facts.

Consider a consultation...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Is it legal to for a multi billion structured patent settlement to be reversed?

At first i was told to hire a contracts lawyer. Now that the settlements were reversed what kind of attorney do i need to hire?

John B. Hudak
John B. Hudak answered on Jul 20, 2020

Ask the lawyer who prepared the settlement if he/she can explain the situation.

If extra legal counsel is needed you can use a patent litigator. Patent litigators create settlement agreements as a regular part of their practice because many patent disputes are settled.

This...
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3 Answers | Asked in Products Liability and Patents (Intellectual Property) on
Q: Cease and desist letter from Kilpatrick Townsend

I received a cease and desist letter from Kilpatrick Townsend about selling headphones similar to airpods. What should I do now?. Should I respond?

John B. Hudak
John B. Hudak answered on Jul 20, 2020

Contact a patent litigator and go from there.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship.

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1 Answer | Asked in Consumer Law and Copyright for California on
Q: What is the best way to protect an idea for an invention
John B. Hudak
John B. Hudak answered on Jul 18, 2020

Consider consulting with a patent attorney to determine if your idea/invention can obtain patent protection.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to analyze the specific facts...
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1 Answer | Asked in Intellectual Property for California on
Q: Later utility patent adds claims to an expired patent - is previous claims protected again or only delta is covered

I have a technology for which the patent is expired. A later patent filed by another group used added something new to the old technology. Is the technology covered in the old patent (without the additional changes) is still public domain? E.g. I patent chair. The patent on the chair expires.... Read more »

John B. Hudak
John B. Hudak answered on Jul 18, 2020

Generally, for infringement to occur the product being analyzed will infringe a patent if the product being analyzed contains all the features defined in a claim of an active patent. This is called literal infringement. (Example: if the analyzed product has features A, B, and C (with or without... Read more »

2 Answers | Asked in Copyright for Florida on
Q: Hi Why does my ™ shows as abandoned ? Status602 - Abandoned-Failure To Respond Or Late Response
John B. Hudak
John B. Hudak answered on Jul 18, 2020

Investigate promptly because you may be able to fix the situation – depending on the timing. Contact your attorney involved with the trademark – or look for a missed communication you should have received if you are filing yourself. Or, reach out to another trademark attorney to help.... Read more »

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