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Questions Answered by Robyn T. Williams
1 Answer | Asked in Trademark on
Q: We are a leading manufacturer of dairy goods from New Zealand , want trademark from USA , can any one help me regarding

We are a leading manufacturer of dairy goods from New Zealand , want trademark from USA , can any one help me regarding this .

Milkio foods NZ

Robyn T. Williams
Robyn T. Williams answered on Feb 28, 2020

Hi Jhimli,

Our firm can assist Milkio Foods with securing a U.S. trademark.

Please email me at rwilliams@devlinlawfirm.com so that we may discuss the process.

- Robyn T. Williams, Esq.

1 Answer | Asked in Patents (Intellectual Property) on
Q: it's more than 7 years I started to reveal my invention in USPTO by official lawyer, then no ending result and pending?

how to get patent in order to provide in market , my name :Abbas Aghakhani registered in USPTO

MY lawyer:Barry Choobin

Robyn T. Williams
Robyn T. Williams answered on Feb 22, 2020

Hi Abbas,

Prosecution in the U.S. Patent Office is sometimes a lengthy process taking several years. If you want to take your product to market there may be additional ways to provide other protection depending on the type of product you intend to release. Please email me at...
Read more »

1 Answer | Asked in Contracts, Identity Theft and Intellectual Property for Tennessee on
Q: It was my idea for the slide to cover phone cameras I got inventionland caught red handed stealing it by fake Litigation

I’m looking for an honest patent attorney to help me claim my hats rightfully mine

Robyn T. Williams
Robyn T. Williams answered on Feb 22, 2020

Additional information is required to properly assess your claim to IP rights. Email me at rwilliams@devlinlawfirm.com to set up time for a call to discuss.

Robyn T. Williams, Esq.

2 Answers | Asked in Copyright, Entertainment / Sports, Gaming and Trademark on
Q: We are indie game developer from Egypt, we have issue with HASBRO the holder of Monopoly trademark?

Hello,

we little startup game developers located in Egypt we had android app on Google Play Called "MONOPOLY LITE" and it is different from Monopoly.

Hesbro lawyer reported copyright MONOPOLY, US, 0326723

Google Play Destroyed our startup business for this claim

we... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 22, 2020

It sounds like Hasbro reported you for trademark infringement. The answer to your question requires review of all of the facts. Email me at rwilliams@devlinlawfirm.com to set up a call to discuss.

Robyn T. Williams, Esq.

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1 Answer | Asked in Business Formation and Business Law for New Hampshire on
Q: Small business question here, located in New Hampshire.

My partner and I are starting a rally company, an exotic auto enthusiast adventure. We came up with the name Apex Rally, and come up with a great logo. We fell in love with it and could really see the company coming to life in our minds. We just discovered a company in a different state (New York),... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 18, 2020

The answer to your question involves a bit more than name comparison. At least trade channels, zone of natural expansion, and use of the senior mark should also be considered. If you are starting a business, it is a good idea to engage an IP attorney to complete a clearance search for the name and... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: I wanted to find out if my product was considered a patent infringement (is there a way to attach a picture?)

I wanted to find out if my product was considered a patent infringement (is there a way to attach a picture?) And is it possible to send me a picture or a sketch of the product or patent.

Robyn T. Williams
Robyn T. Williams answered on Feb 18, 2020

You will need to engage an IP attorney to prepare a freedom to operate analysis. My firm handles such matters. Please email me at rwilliams@devlinlawfirm.com if I can be of further assistance.

2 Answers | Asked in Copyright and Trademark for Illinois on
Q: Would use a name like 'Madhatter Custom PC Mods' for a business, YouTube channel or Social Media name infringe on Disney
Robyn T. Williams
Robyn T. Williams answered on Feb 18, 2020

If you'd like to use "Madhatter Custom PC Mods" for a PC modification business, this likely not an infringing use. Having an IP attorney complete a clearance search for the name being considered is best before you expend resources on commercial projects.

Robyn T. Williams...
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1 Answer | Asked in Copyright and Trademark for New Jersey on
Q: SN:88563312 SN:88559161 SN:85965641 if i come up with different name & color + add edits can i use tillie?
Robyn T. Williams
Robyn T. Williams answered on Feb 16, 2020

SN:88563312 SN:88559161 make no claim to color, so adding color would not matter in regards to using Tillie. SN:85965641 claims color, but has other design elements. Whether or not you can use a mark warrants an involved discussion. Call the office for a consultation.

Robyn T. Williams...
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1 Answer | Asked in Business Law, Consumer Law and Contracts on
Q: Can I use public domain images and audio (clipart/stock images) for a NonCommercial radio show advertisment?

I have a radio show that airs every Friday, I do not own the station or receive money for the production but I would like to advertise the show using posters. The radio station itself DOES play commercial advertisements but not during my hour segment. The poster that I have created uses some... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 16, 2020

You should not use images that are not licensed for commercial purposes. Although you do not make money from your show, the radio station is a commercial entity. If you want to use photos for show advertisements, I'd highly recommend purchasing the correct license. You don't want to be liable for... Read more »

1 Answer | Asked in Trademark for Colorado on
Q: Question about expired trademark

I have actively been using my business name since 2007. I first registered my trademark in 2009 and then renewed it (via Justia) in December 2014. I thought that I did not have to renew again for 10 years (in 2024) but just learned that it had been cancelled in August 2019. Apparently they don't... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 16, 2020

Unfortunately, the grace period to file the statement of use and renewal has passed. If you have continued to use the mark in commerce then you have not lost your common law trademark rights. Cancellation of a federal registration does not prohibit you from using the mark, it changes the remedies... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: I would like to buy a patent. Patent application #20140283673. It is owned by Intrepid Tactical Solutions LLC.

I believe they are out of business. I would like to buy the patent and the rights to produce their products. And maybe purchase and of the manufacturing equipment and or materials they may still posses.

Robyn T. Williams
Robyn T. Williams answered on Feb 16, 2020

You have the option to license the patent/application or purchase the patent/application and have an assignment executed. I'd recommend a review of the entire IP portfolio if they are in fact out of business. My firm frequently handles licensing and assignment transactions.

Robyn T....
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: I have a brilliant software design; how do I protect myself so my company doesn't take it and cast me aside?

My company is developing new software - I am NOT a part of the development team. But I have designed a far superior product that could potentially be worth millions to the company. If I present it to management, they could take it, hand it over to the development team, and potentially leave me out... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 16, 2020

I agree with the above answer as the terms of the employment agreement are critical. If you are not bound by the employment agreement and required to assign all rights to your inventions made while employed to your current employer, you should (1) make sure not to disclose the invention to anyone... Read more »

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1 Answer | Asked in Copyright and Entertainment / Sports on
Q: I am a singer and songwriter, I have a recorded song I would like to release. However, Its become complicated.

I perform cabaret, but record my own songs outside. The engineer and DJ hired to work for me in my cabaret performance are the same persons I used to produce the beat. I would like to release my music but my music is being held by my DJ. He does not want to give me my vocals nor sign over the... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 15, 2020

The answer to your question may lie in any agreement between the parties before working on the song. The engineer and DJ were "hired to work" for you in your cabaret performances. If a similar agreement was in place for the production of the song - also known as a work for hire agreement - the DJ... Read more »

1 Answer | Asked in Business Law for Arizona on
Q: Is it possible to create an agreement that would give all IP rights produced by one company to another?

My company is considering making an IP Holding company and is interested in moving all the Intellectual Property rights over to the IP Holding company. We know that we can do individual Intellectual Property Assignments of our IPs, but were wondering if it would be possible to create a general... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 15, 2020

The answer to your question depends on the type of IP rights you are seeking to transfer. If you are talking about patents, you can do an assignment agreement for a group of patents/applications that will have to be recorded in the patent office for each patent/application. This agreement will... Read more »

1 Answer | Asked in Business Formation for Texas on
Q: Could I use Golden Ticket in my business name if its a Transportation Company?
Robyn T. Williams
Robyn T. Williams answered on Feb 15, 2020

You may be able to use the name Golden Ticket for a transportation company or "golden ticket" in your business name. The complete answer to your question depends on use of that name, or names that would be confusingly similar, in the same trade channels.

Currently, there are 39 marks...
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1 Answer | Asked in Business Formation and Trademark for New York on
Q: Can I start an advertising agency call Spock Media or would that be illegal due to trademark restrictions?
Robyn T. Williams
Robyn T. Williams answered on Feb 15, 2020

The use of Spock Media for an advertising agency is not per se impermissible due to preexisting trademark rights. However, there are 42 marks (live and dead) listed in the Trademark Office containing the word "spock" and in various Classes. As such, the mark may not be available for use.

If...
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1 Answer | Asked in Business Formation for California on
Q: Do I need to register my own business design name?

If my business name is for instance:

"The Only One LLC", and on my products I will use "The Only One"

Do I need a DBA in order to TM my products as "The only one"?, or I don't because my business name is already "The Only One LLC" it only has LLC addes after the actual business... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 15, 2020

If you'd like to use THE ONLY ONE as a trademark on your products you do not need a DBA. If you'd like to use THE ONLY ONE in word format then you'd file a trademark application for the word mark. If you'd like to use THE ONLY ONE in a stylized format or with stylized (or graphic) elements, you... Read more »

1 Answer | Asked in Trademark on
Q: How do you prevent losing your trademark due to lack of use when challanged

Is there an easy way to maintain it while awaiting funding?

Robyn T. Williams
Robyn T. Williams answered on Feb 15, 2020

The answer to your question depends on the circumstances surrounding your non-use including the length of time. Your non-use may be excusable under 37 C.F.R. §7.37. If a petitioner has challenged your mark before the Trademark Trial and Appeal Board, a response to the challenge should demonstrate... Read more »

2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: Modified Youtube videos on Facebook, copyright issues?

Hi, I have a Facebook page where I upload modified videos from a certain Youtuber. The original videos are very long, and I edit them extensively. The kind of edits I do are taking only certain interesting clips from them then adding music, sound effects, images, and texts. The result is usually a... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 13, 2020

You can see if the original creator is willing to grant a license to use the works. Particularly since you've already been given notice.

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1 Answer | Asked in Copyright for Arizona on
Q: Copyright question: Can I sell a file with summaries of popular parenting books and potential applications?

I have a blog. I'd like to compile a resource with the jists of popular books in my niche, their main points, my experience with applying what they teach, and highlight practical ways to apply it (more or less). I'd like to sell these as downloadable pdfs. I'd imagine I may run into some copyright... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 12, 2020

Hello,

If you intend to do synopses (of sorts) accompanied by your opinions based on your experiences, it is not likely that you will face copyright issues. Your papers should not contain materials such as charts, graphs, graphics, etc. found in the works on which you are opining....
Read more »

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