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Questions Answered by Sean Erin Serraguard
Q: I would like to trade a phrase I guess it would be called

The phrase is ( The G.O.A.T.)

Sean Erin Serraguard
Sean Erin Serraguard answered on Jun 7, 2019

Though trademarks will depend on how you use the word or phrase, the answer is very likely no. There are numerous live marks which primarily rely on "Goat" and "G.O.A.T.", including marks which list only those words or acronyms respectively. Without doing a full search, it would be hard to know... Read more »

2 Answers | Asked in Intellectual Property and Trademark on
Q: hi,can i trademark a business idea? suppose i invented the idea of online shopping. so is it possible to patent this?

at least for a few years so other cant enter the business with the idea...

Sean Erin Serraguard
Sean Erin Serraguard answered on May 22, 2019

You can't trademark an idea. Trademarks are for distinguishing the source of goods or services. You can copyright an idea after you've reduced the idea to a "tangible form," such as writing a book or making a video. Copyrights won't protect the idea itself, however. You can patent an idea, unless... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Are there any patents for online databases for gravesites/cemeteries?

For example, a site to where a User can search a specific section of a cemetery/gravesite or the entire cemetery as a whole and looks for certain groups, people of interest and whatnot?

Sean Erin Serraguard
Sean Erin Serraguard answered on May 10, 2019

I'm not aware of any such patent and a cursory search of the available databases don't turn up any such patents. (though there was an interesting one which incorporated video into a gravestone!) However, this doesn't tell us if one exists either in the US or in other jurisdictions. To answer this... Read more »

1 Answer | Asked in Intellectual Property for New York on
Q: Hello, Is there a patent for this product: https://www.amazon.com/Scratch-Off-World-Map-Poster/dp/B01IIF4L9Y

Hello,

I would like to produce and sell a scratch-off world map poster and sell it on Amazon in the USA. I want to be sure that I won't get issues with this product because of trademarks and/or patents. I hope that you can give advice.

Are there patents for the scratch layer of a... Read more »

Sean Erin Serraguard
Sean Erin Serraguard answered on May 9, 2019

From a quick search of other Amazon offerings, my suspicion is no. Please see: https://www.amazon.com/dp/B075K3G8XF/ref=dp_cerb_2 and https://www.amazon.com/dp/B07G3DPJMF/ref=dp_cerb_3 Further, a quick search of various patent databases doesn't show any obvious hits. That's just a guess, of... Read more »

1 Answer | Asked in Intellectual Property for Florida on
Q: Can I make a complimentary product for another product that is trademarked?

for example, a cover to protect a screen on another product that is patented or trademarked

Sean Erin Serraguard
Sean Erin Serraguard answered on May 4, 2019

More likely than not, yes. There's likely no trademark issue if your accessory doesn't use design elements or marks that are unique or distinguishing of the trademarked product. For the patent side, the product is not patented. Instead, the product incorporates one or more patented components or... Read more »

3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Good morning. This compagny is selling a copycat of our patent product. a warning letter do not stop the sales.

what can we do?

Sean Erin Serraguard
Sean Erin Serraguard answered on May 3, 2019

You have a variety of options to enforce your patent rights, including further negotiation with the infringing party and suing for infringement. However, the contents of your warning letter may affect the best advice on how to best protect your rights. How you presented your warning could have... Read more »

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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Delaware on
Q: What is the cost to protect an invention and what documents do i need to provide?
Sean Erin Serraguard
Sean Erin Serraguard answered on May 1, 2019

The cost to have a professional draft an application can be as low as 4-5k and dramatically higher if you go through large firms. Filing the application will cost about 1720, unless discounts for small entity or micro entity apply. For filing, the main things you'll need are the complete... Read more »

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1 Answer | Asked in Patents (Intellectual Property) on
Q: I found illegal Fakes from Patent Collars fronm Ceasar Millan. A Men copie that and sell it. What can I do ?

Name is Dogwisperer Dejan Dejagoo Miletic. He steal all what C.M. work and copie all with Fakes.

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 30, 2019

If I understand you correctly, you believe that someone has infringed your or someone else's patent. The infringer has apparently produced infringing merchandise which you believe to be protected by a patent. Patents are protected under 35 U.S.C. § 271, which states that a person infringes a... Read more »

3 Answers | Asked in Bankruptcy, Copyright, Products Liability and Patents (Intellectual Property) on
Q: How come did Mr. David plagiarized Ms. Catherine Page Hettinger's Invention Just a few years after her patent expired?
Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 28, 2019

Plagiarism doesn't apply to patents, but you can infringe a patent. However, to infringe a patent, the patent must be valid and not expired. If Ms. Hettinger's patent expired, she has no right to the invention over Mr. David. As to why he did what he did, thats probably a better question for Mr.... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: We are creating a product with an overseas manufacturer, how do we protect ourselves/ idea with this manufacturer.

Can you ask a manufacturer (fabric Mill or factory) to sign an NDA if they are developing a product for you that you brought to them to develop?

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 26, 2019

So, there are a couple of questions here that are circumstance and location specific. Yes, you can ask them to sign an NDA. However, enforcing that NDA may be difficult depending on the the type of idea (e.g., is it a new product, a new method of making a product, or both?) and on the location?... Read more »

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1 Answer | Asked in Workers' Compensation and Intellectual Property for New York on
Q: Hi, I'm a designer. I had an account on a "print on demand" platform www.teepublic.com, I created the designs and the co

My account was terminated and my commission not paid out, they claim it's due to my account being terminated because of intellectual property infringement. Is that legal, for them to keep the money I earned?

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 24, 2019

Whether this is legal or not will depend on the terms of the contract that you signed when you used their services. The terms are on their website (https://www.teepublic.com/terms). I have not reviewed their terms, and the link is for your convenience. This is not a full legal analysis of their... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Am I infringing on trademarks, or copyright?

I want to sell a wooden box that is similar to a competitor. It will be pretty built pretty much the same as the competitors. (the box has a base connected to it I want to use in mine). I will use different card designs, stain color, wood, and metal label.

I was told the appearance of a... Read more »

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 23, 2019

The appearance of a product can be a type of "mark" called a trade dress. Trade dress is concerned with the promotional aspects, or image, of a product or service that makes the presentation of the product or service distinctive. Trade dress does not apply to any aspect that is purely functional.... Read more »

2 Answers | Asked in Patents (Intellectual Property), Probate and Trademark for Florida on
Q: My Grandfather is Warren Depperman, My name is Mario Depperman (Grandson). Does he own patients I could claim?
Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 23, 2019

It sounds like you're asking for an intellectual property search for your grandfather. If you'd like to search this for yourself, you should search for his assignments in the databases at the USPTO (https://portal.uspto.gov/pair/PublicPair) and the Library of Congress... Read more »

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1 Answer | Asked in Patents (Intellectual Property) on
Q: How do I find the contact details of a patent owner?

Patent Number: D845,004

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 23, 2019

You should start by looking up the assignment information in the USPTO patent assignment database. I went ahead and did the search for you. https://assignment.uspto.gov/patent/index.html#/patent/search/resultAbstract?id=D845004&type=patNum

However, that may not include the most up to date...
Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: When does the last Integran Technologies Patent run out for their "Nanovating" process?
Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 18, 2019

Telling you how many years the patents will last, assuming you're only referring to U.S. patents, is much easier than determining which patents might be related to their "Nanovating" process. As well, they still have the capability to get further patents, such as through continuations or... Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: Apple AirPods If I name my similiar product "EarPods" is that a TM infringement?

i have an online shop and want to sell EarPhones from china. Can I name them EarPods?

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 18, 2019

I think you've answered your own question here. You sound like you see the likelihood of confusion between the name "EarPods" and "AirPods", as trademarked by Apple. Similar sounds, appearance, meaning and commercial impression can contribute to likelihood of confusion. If you're determined to... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: If I created a design/logo for shirts. Should I get copy right, trademark or both? Another ? added to more infor section

Also, the design/logo includes words. So, if I change the words color and/or font does it still protect under the copyright/trademark law still? Even if I submit something to the copyright/trademark in black font and a specific font.

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 18, 2019

Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and... Read more »

1 Answer | Asked in Intellectual Property for Ohio on
Q: I live in Ohio. Found misc property on road. No owner identifying info. Can I keep?

Not money or a phone. Googled it and value is around $300

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 18, 2019

In Ohio, so long as you cannot reasonably find the owner of said property AND you did not find it on a private road, it sounds like you'll be ok. This sounds like lost property under Ohio law. You're going to be obligated to make a good faith effort to find the true owner. Easiest way for you to... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I want to file a patent with Bridgestone in Belgium to offset dimple the existing cushion sidewall gum 6302444357

Professional engineer

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 12, 2019

There are a number of ways to file a patent in Belgium as well as other countries. The first step is going to be determining if you're only interested in Belgium or if you'd like to file in other countries as well. From there, you will have to decide if you'd like to draft your own application or... Read more »

2 Answers | Asked in Contracts and Copyright for Texas on
Q: Q: My dad had a trade mark on name “macho nacho” it says status canceled does that mean it’s not in effect any more!?

How can I find out if he still owns the trademark name “macho nacho”

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 9, 2019

The short answer is yes. If the USPTO shows the mark as dead or cancelled, your dad would no longer have rights to that trademark. Further, a cursory review of the trademark database shows that numerous registrations have existed for that mark, with some registrations being still in effect. To... Read more »

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