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Questions Answered by David Aldrich
2 Answers | Asked in Trademark, Copyright and Intellectual Property for Michigan on
Q: What is the likelihood I would get the Trademark "Frankly, Scarlett" approved? It looks like it is a "dead" trademark

My name is Scarlett. I was searching to possibly get "Frankly, Scarlett" as a trademark for an online business...I would be Marketing/online Marketing, possibly building Funnels for companies/people as a freelancer, and mostly for mentoring/coaching/course creation/selling digital... View More

David Aldrich
David Aldrich
answered on Aug 8, 2023

Since the mark was abandoned several years ago, you can register it yourself (provided there are no other registered marks that are similar enough to present a problem). However, even though the prior owner let the registration go abandoned, before you use the mark for clothing (which is the class... View More

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2 Answers | Asked in Copyright, Business Formation, Business Law, Trademark and Intellectual Property for Georgia on
Q: Would there be any trademark infringements to Skippy Peanut Butter for a dog treat bakery to be named Skippy's Snack?

Skippy's Snack Shack

David Aldrich
David Aldrich
answered on Aug 8, 2023

If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact... View More

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3 Answers | Asked in Intellectual Property and Trademark on
Q: Hi I have a shop name is zuladesignstudio, sometimes Im using zula name as a short version. Is that ok about copyrights?
David Aldrich
David Aldrich
answered on Aug 8, 2023

If you are concerned that someone is using a name similar to yours, this is a trademark issue (not copyright). You should be concerned if someone is using a name that is similar to yours for a similar/product service (e.g., architectural design, clothing design, website design? Is it just the... View More

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Can I use the same color in general with an app and we do similar business but different UI designs

Is it possible for me to use a color? "blue" which another business already uses, we are similar businesses but our app layout is very different.

David Aldrich
David Aldrich
answered on Aug 3, 2023

Someone can always sue; the important question is whether someone would have a reasonable case against you. Usually, color alone is not sufficient to establish an enforceable trademark right, but there are exceptions, when a color has become associated with a particular product in the minds of... View More

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2 Answers | Asked in Trademark and Intellectual Property on
Q: We are looking for detailed procedure of applying for trademark and the costing.

The company is already in the trademark list under 2 different business categories. We want to apply for trademark with the same company name for a different business category where our products are UPS, mobile devices and accessories. Along with the procedure and costing of applying for the... View More

David Aldrich
David Aldrich
answered on Aug 3, 2023

There are different costs involved, depending on the details. When filing a trademark application, you file in one or more “classes” (these are categories of goods/services), and the more classes, the greater the cost. There are also costs after filing of the application, which can vary... View More

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3 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: If a company took a design that i didn't trademark and flipped it, could i still sue?
David Aldrich
David Aldrich
answered on Aug 3, 2023

I'm not sure what you mean by "flipped it," but ultimately, trademark rights are governed by use. If you commercially used a mark before another company used that same mark with similar goods/services, you still have recourse to enforce your rights. You should consult a qualified... View More

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2 Answers | Asked in Copyright and Intellectual Property on
Q: Is it copyright infringement to sell clothing items sharing the same patterns as characters in media?

Lets say there's a superhero who wears a costume with black and blue squares all over it. If you designed a hoodie that also had the same color of black and blue squares, and then proceeded to sell it, would you be in the wrong?

David Aldrich
David Aldrich
answered on Aug 3, 2023

It could be. Clothing patterns used to be nearly impossible to protect with copyright. However, copyright protection for this has opened up in recent years, largely due to a major Supreme Court case directly addressing the issue. Now, if a design can be perceived as a work of art separate from... View More

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2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I'm being sued by Salt Life, LLC. b/c my cleaning business name is Salt Life Cleaning, LLC...Do I need to get a Lawyer?
David Aldrich
David Aldrich
answered on Aug 2, 2023

Though you technically don't have to, you really should consult a qualified trademark attorney with the requisite expertise about your case. You will generally want to do this quickly, because if the Plaintiff has already filed a complaint in court, you will have a limited amount of time to... View More

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2 Answers | Asked in Trademark and Intellectual Property on
Q: Inquiry Regarding Google Play Application Removal and Trademark Issues

I am writing to seek legal advice regarding an issue I encountered with my mobile application on Google Play.

I had an application listed on Google Play under the name "Snaptubè," which unfortunately got removed due to trademark concerns. After the removal, I discovered that... View More

David Aldrich
David Aldrich
answered on Aug 1, 2023

At first glance, this will probably be difficult, as there are several federal trademark registrations for snaptube, which are probably relevant to your situation. (Yes, they would generally be considered the same). However, it will depend on the particulars of your case, so you should consult a... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: I have an invention in the utility patent area what will be my first steps to get started. Thank you for your help

The invention is for grooming pets

David Aldrich
David Aldrich
answered on Aug 1, 2023

You should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in order to help you assess... View More

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3 Answers | Asked in Trademark and Intellectual Property for Arkansas on
Q: If my old high school stopped using our mascot and never trademarked it, is it fair game that I could now Trademark it?

So we used to be Red Devils when I was in high school over 20 years ago. After I graduated in 97, a year or so afterwards, the school dropped the red devils and consolidated with a neighboring school to become cougars. Could I now have the opportunity and permission to trademark the devil logo they... View More

David Aldrich
David Aldrich
answered on Aug 1, 2023

If they never registered it, and you now want to use the mark, you can apply for your own trademark registration. If you are already using the mark, you can file a use application. If you are not yet using the mark, but you have a bona fide intent to do so, you can file an intent-to-use... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: My company is in Australia. Can we produce a similar product with Patent number: 11040081?
David Aldrich
David Aldrich
answered on Aug 3, 2023

It appears you may be citing the serial number of a U.S. Patent ('Low current power supply monitor circuit')? If so, that patent application was abandoned.

If you are talking about a different patent, whether you can produce a 'similar' product will depend on several...
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4 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: I have a lock I designed that protects the factory ignition on a motorcycle. How do I go about getting it patented?

I have a prototype already made. I have been searching for any locks that resemble mine and have found nothing like it. What do I do?

David Aldrich
David Aldrich
answered on Aug 3, 2023

You will need to submit a patent application to the U.S. Patent and Trademark Office for consideration. You should contact a qualified patent attorney directly (this is just an anonymous question forum), and they will work with you to prepare and submit the application. Keep in mind that, if you... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: I cannot find the global patent for the magnetic patch cap made by next generation headwear. How do I find this document
David Aldrich
David Aldrich
answered on Aug 3, 2023

Next Generation Headwear has PCT application WO2021259486A1. This is a sort of "global" patent application. It never turns into a patent itself (there is no such thing as a global patent). Instead, you use this to later pursue patent protection in particular countries. In this case,... View More

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2 Answers | Asked in Copyright and Intellectual Property on
Q: Hi ! An organization is accusing me of violating intellectual property. Where can I find what, exactly, is protected ?

They're based in the USA. It concerns educational videos I published years ago on Youtube. I talk about physiology and voice production. They tell me they own position of the velum. How can someone owns anatomy and physiology ? I cite my sources and did not copy anything (visual, video, text,... View More

David Aldrich
David Aldrich
answered on Jul 5, 2023

It really isn’t possible to answer this without knowing the details of their accusations. Presumably, they are accusing you of copyright infringement (or possibly trademark infringement)? Please note that, if they do have a valid copyright for a song, video, or whatever it is they are accusing... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: I need to patent my business idea,how and where do I start? in other words what is the process and how long does it take
David Aldrich
David Aldrich
answered on May 26, 2023

Regarding where to start, you should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: How can i try to patent something for VW?

I have made a custom taillights for Passat b5.5 and i'd like to patent them

David Aldrich
David Aldrich
answered on May 18, 2023

You should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in order to help you assess... View More

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2 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: If we produce a hot sauce made with tabasco peppers, can we say on the label "made with tabasco peppers" ?

we will produce a hot sauce from Costa Rica made with actual Tabasco peppers. Can we say on the label "made with Tabasco peppers" or will we have problems with the Tabasco McIlhenny company? Thank you!

David Aldrich
David Aldrich
answered on May 15, 2023

No one can guarantee you that a company using the term "tabasco" as part of their name won't TRY to create "problems" for you. That said, it would be very difficult for any such company to prevent you from using the phrase "made with tabasco peppers," as... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: We are looking for help on applying for a patent. We have developed a new alarm system, software, and app.
David Aldrich
David Aldrich
answered on Apr 26, 2023

You should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired. Keep in mind that, if you... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: how much does it cost to patent an invention ?
David Aldrich
David Aldrich
answered on Apr 10, 2023

It is extremely difficult to provide a dollar figure in the abstract. There is the initial cost of preparing and filing an application, which involves drafting time, illustrator expenses, and government filing fees. The cost will depend on the field and complexity of the invention, and a patent... View More

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