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Questions Answered by David Aldrich
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 Patents (Intellectual Property) and Intellectual Property for North Carolina on
Q: I need a patent attorney familiar with gun holsters, in particular pocket holsters, who wouldn't have a conflict.
David Aldrich
David Aldrich
answered on Aug 1, 2023

You will need to contact potential patent attorneys directly. Attorneys are not permitted to solicit or refer business on this platform. Best of luck!

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3 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: I want to trademark a fictional character. Is it possible to register it nameless & universal for any goods/service?

Character/mascot for album cover artwork. Main character in a novel. Main character for an animated film adaptation.

David Aldrich
David Aldrich
answered on Aug 1, 2023

It sounds as though you may actually want to seek copyright protection (possibly in several forms). You should consult with a qualified IP attorney to discuss what type of copyright and/or trademark protection you should seek. A character name is not necessarily required for either.

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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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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for South Carolina on
Q: I was informed that I am the owner of several proprietary software patents and need to find information about what I own

To my understanding a ruling was made in my favor based on the fact that these patents were registered to my email address

David Aldrich
David Aldrich
answered on Jul 24, 2023

This is difficult to answer without additional information about your case. You can search for patents on the USPTO website by 'inventor', 'applicant', or 'assignee' to find out if you are listed as any of those things on the patents... 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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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Can my patent be. Assigned before it is issued.Type: GrantFiled: August 6, 2019Date of Patent: December 1, 2020

I understand that the wording for this must say "If the pattent is approved"

David Aldrich
David Aldrich
answered on May 21, 2023

The details provided are a little unclear, but if you are asking whether a patent can be assigned before it is granted, the answer is yes. It is very common to assign a pending patent application before it is actually granted.

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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 Intellectual Property and Patents (Intellectual Property) on
Q: Hi my brother was the inventor of some equipment used to facilitate the wafer manufacturing of microcips is the fam.

Is the family.entitled to his royaltys

David Aldrich
David Aldrich
answered on Apr 24, 2023

A lot more information is required to answer this question, including the status of any patents, whether your brother was an employee and the nature of that engagement, and whether there was a will. You should consult a patent attorney about the details of your case.

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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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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

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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

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