Lawyers, Answer Questions  & Get Points Log In
Questions Answered by David Aldrich
2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: If I'm applying for a patent for an improvement to wagering in online sports gambling

What constitutes significant and novel change?

How do I apply for these things without thinking a lawyer will steal my idea? Haha!

David Aldrich
David Aldrich
answered on Apr 10, 2023

Whether something is novel and nonobvious depends on the specific "prior art" that already exists. It is often helpful to conduct a "patentability search" before applying for a patent. This typically will involve a search (by a professional searcher) of what publications (such... View More

View More Answers

5 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: I did a TESS search for a trademark filing. Found one live match but their word mark is longer than my name. Is that ok?

My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More

David Aldrich
David Aldrich
answered on Apr 10, 2023

You are probably at some risk. You could receive a rejection based on the mark you found, but this will depend on how similar the services are (additionally, in this case, the nature of the particular mark you found has several complicating factors). You could also receive a rejection for... View More

View More Answers

4 Answers | Asked in Trademark for Washington on
Q: I would like to file for a trademark

how much would it be ?

David Aldrich
David Aldrich
answered on Feb 25, 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

View More Answers

3 Answers | Asked in Copyright and Intellectual Property for Michigan on
Q: Does someone have the right to use a picture that features my work?

I’m a florist. A photographer took pictures of my work at a wedding. Can the wedding planner use the images on her site (or in social media) without crediting me?

David Aldrich
David Aldrich
answered on Feb 22, 2023

This is a difficult one. It would be tough to establish you have copyright protection in the floral arrangement itself. Theoretically, you could, but temporary articles of nature like this are always tough. You’d face several hurdles: it needs to have a threshold level of creativity (i.e.,... View More

View More Answers

3 Answers | Asked in Intellectual Property for California on
Q: Is an email response sufficient for waiving intellectual property rights over an idea presented in a company hackathon?

This is response from company VP : "Having consulted with legal, I am pleased to report that Company hereby waives to you any intellectual property rights it might otherwise have had in the idea (as developed by you during the 2022 Hackathon)"

David Aldrich
David Aldrich
answered on Feb 22, 2023

This question is really to broad to answer, and depends on a lot of details. But, if you are asking about a patentable innovation, and someone else contributed to this innovation during the hackathon, then that means you likely have at least on co-inventor. In that case, no, the email would... View More

View More Answers

2 Answers | Asked in Patents (Intellectual Property) on
Q: I know the name of the company and who the patent was licensed to.Is it possible to vet a patent through this info.
David Aldrich
David Aldrich
answered on Feb 22, 2023

If you know the name of the company that you think owns the patent, you will usually be able to find a copy of it. The U.S. Patent and Trademark Office has a search tool for patents here:

https://ppubs.uspto.gov/pubwebapp/static/pages/landing.html

This tool allows you to easily...
View More

View More Answers

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Pennsylvania on
Q: If Sony as a company owns the Sly Cooper Trademark, when does that enter the public domain?

How I understand it, a work is protected for the authors lifetime plus 70 years, since it was created in the early 2000’s. And since a company or corporation is the author and can’t “Die” when would it go into the public domain? Is it just protected for 95 years and then it’s free to use?

David Aldrich
David Aldrich
answered on Feb 15, 2023

The timeframes you’re discussing relate to copyrights, not trademarks. For a trademark, as long as the owner continues to use the name and continues to timely submit the proper renewal forms and fees, their protection does not expire.

View More Answers

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: One quick question please if I may. How do I protect my idea from being stolen while I go through the process 4 a patent

I just want to make sure that if I go through with my idea, while it may take upwards of a year for the process to finish, that I can protect my idea somehow from being stolen by others and being patented by others.

David Aldrich
David Aldrich
answered on Feb 14, 2023

To obtain an issued, enforceable patent, you would file a “utility” patent application. When you say ”the process 4 a patent,” are you referring to the preparation of this patent application, or the process of ultimately obtaining an issued patent (i.e., the back-and-forth with the patent... View More

View More Answers

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: I'm creating a Trading Card Game. What patents in terms of card layout and battle mechanics do I have to look out for?
David Aldrich
David Aldrich
answered on Feb 14, 2023

This will depend on the details of your specific game, and it would require a professional search. When we do these, we hire a specialized searching company that performs a “clearance search” (in this case, they would search for those patents claiming a trading card game that are closest to... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for California on
Q: Can I get a trademark on an item if it expires with the previous owner

If they forget to keep up on their retrademark can I slide in and own the design?

David Aldrich
David Aldrich
answered on Feb 14, 2023

If the owner of a federal trademark registration fails to submit the required paperwork/fees by a relevant deadline (including the sixth month grace period), it will go abandoned and will be considered a “dead” registration. If the registration is dead, you can file an application and obtain a... View More

View More Answers

1 Answer | Asked in Trademark for Indiana on
Q: Does a trademark cover every iteration of the symbol/character?.

My logo is the outline of a character I created, so can any artistic interpretation of the character I create, be covered under the same trademark?

David Aldrich
David Aldrich
answered on Feb 8, 2023

Generally, no. When you trademark a logo, the coverage is limited to that particular design and designs that are “confusingly similar” to that design. The devil is in the details. Your trademark registration will not provide protection again “every” iteration of the character. But it will... View More

3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If an infringement claim is approved, do you need to pay a security deposit before the awarded amount get release?

I recently started a new business and have the company name and logo trademarked. The logo company and their legal team did a cast study and found four other businesses using our name so they went ahead and file an infringement claim on our behalf. Our claim was approved and the letter from USPTO... View More

David Aldrich
David Aldrich
answered on Mar 29, 2024

This is a scam. This entire scenario is fabricated. Unfortunately, trademarks have become a common target of scams in recent years.

View More Answers

2 Answers | Asked in Intellectual Property for Ohio on
Q: Looking to contact these inventors about their patents and paying royalties but continue hitting brick walls
David Aldrich
David Aldrich
answered on Jan 5, 2024

It's not clear from your question which inventors/patents you are referring to, but it is possible you are not receiving a response because they may not have any rights. Rights need to be licensed from the owner, and often, the owner is different than the inventor(s). If you haven't... View More

View More Answers

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My father died unexpectedly last December 9th and I am his only child. What type of attorney should I search for and

What steps should I begin taking to have the deeds transferred to my name

David Aldrich
David Aldrich
answered on Dec 22, 2023

I’m very sorry to hear about your father. I similarly lost my mother last December, as an only child, and I know it is not easy to go through by yourself. You will want a probate lawyer, who will be able to at least make that aspect of the process easier for you.

View More Answers

2 Answers | Asked in Trademark for Georgia on
Q: hello, i am looking to trademark a mobile app on this site. Can you tell me how to go about that
David Aldrich
David Aldrich
answered on Nov 3, 2023

You will first need to determine whether you want to trademark the name or the icon (or both). You can file the application(s) at the USPTO's website: https://www.uspto.gov/trademarks/apply/initial-application-forms

View More Answers

1 Answer | Asked in Trademark on
Q: Can I use phrase for line of handbags I'm designing even though the phrase is the name of a TV show that is trademarked?

Growing up Vietnamese, every Vietnamese person knows "Paris by Night" a series of music concerts and variety shows released a few times a year on VHS and now streamed. "Paris By Night" is trademarked for media, videos, TV shows, movies etc. in the US. But the trademark... View More

David Aldrich
David Aldrich
answered on Sep 25, 2023

Based on the current registration, you will probably be ok if you use just the phrase PARIS BY NIGHT on your handbags. However, you can further strengthen your rights in this regard by filing for your own trademark registration for this mark for handbags.

3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Good morning, I would like to know if there is any chance to get contact information about a patent owner.

I have had an issue selling a product that it is supposed to be patented by "Mr. W.T."

Patent number: 7841848

Publication number: 20070034094

I would like to know if there is any chance to contact with the patent owner to negociate a possible solution for the issue... View More

David Aldrich
David Aldrich
answered on Sep 25, 2023

You can find the patent here:

https://patentimages.storage.googleapis.com/1a/fe/e7/c524f5af535b2f/US7841848.pdf

The face of the patent has the inventor's address, so you can correspond with them directly.

View More Answers

1 Answer | Asked in Trademark for Georgia on
Q: If there is a registered trademarked "phrase", does that mean I can not trademark my own work that shares 2 of the words
David Aldrich
David Aldrich
answered on Sep 7, 2023

This is a little too vague to answer. This will depend on how similar the overall trademarks are, and how similar the goods/services that the marks are used with are. You should consult a qualified trademark attorney with the specifics of your case.

2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: is this patent applicable in india?
David Aldrich
David Aldrich
answered on Aug 24, 2023

Your question doesn't specify what patent you're referring to, but note that patents are geographically limited. For example, if you are looking at a U.S. patent, it would only cover products made, used, sold, offered for sale, or imported in/to the U.S. However, you would want to check... View More

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: How do ask Justia.com to combine my two paten lists? (1) Yuda Yehuda Luz (2) Yuda Luz
David Aldrich
David Aldrich
answered on Aug 14, 2023

If you do not own the patents, there is not really a mechanism for you to do this. You can ask the patent owner(s) to file for a "correction" of the name on specific patents, but it is highly unlikely that they’ll be interested in doing so since there really is no business reason for... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.