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Questions Answered by Erik Špila
3 Answers | Asked in Trademark for Louisiana on
Q: How much does a trademark usually costs?
Erik Špila
Erik Špila
answered on Jan 21, 2023

Hello, the answer to your question depends various other circumstances such as in which country you are seeking trademark protection, if you are willing to use the lawyer services or not, if you are going to do preliminary trademark search and so on. I advice you to contact IP lawyer and provide... View More

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2 Answers | Asked in Copyright and Intellectual Property on
Q: I am looking to sell quotes on merchandise from ancient philosophers like Marcus aurelius etc. Would this be legal?

The quotes would be from figures like Albert Einstein and Abraham Lincoln. All of which have passed on. Would these be free of copyright?

Erik Špila
Erik Špila
answered on Jan 17, 2023

Yes, in most countries these are in public domain and so you can use them on your merchandise.

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2 Answers | Asked in Copyright and Intellectual Property for South Dakota on
Q: Is it legally permissible to use text from a public domain book for commercial purposes?

I would like to use the text from a public domain book and print it onto fabric for a project I'm working on. Initially this was to be a personal project, but I'm considering the possibility of using the design for commercial purposes in the future and want to know if it is legal to use... View More

Erik Špila
Erik Špila
answered on Jan 11, 2023

Yes, it should be legal in majority of countries if text is in public domain. Good luck with your project.

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1 Answer | Asked in Intellectual Property and Legal Malpractice for Georgia on
Q: Can I run my own virtual boutique firm while working for another law firm?

I want to start a Trademark law firm, initially just helping clients file their applications. Is this an ethics issue if I also work for an IP law firm? What if the practice areas are different?

Erik Špila
Erik Špila
answered on Jan 10, 2023

In most jurisdiction there is a law that says that this would be considered as a a breach of non-competition with your employer. You must therefore find a pertinent laws in your country which states what are the restrictions for your profession. Also you need to check out your employment contract... View More

1 Answer | Asked in Patents (Intellectual Property) on
Q: I just received a patent infringement strike on Amazon. Can you help me?

Our product does not have a brand registry on Amazon, and we haven't applied for a patent, and now another brand has put a strike on my three listings. I want a solution; the opponent has a utility patent.

Erik Špila
Erik Špila
answered on Jan 10, 2023

Well the outcome of this may differ depending on various different circumstances you have not provided.

Qualified IP lawyer needs to check out and examine claims of the opponent and also your IP.

After that you can either negotiate licence terms with opponent or you can withdraw...
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2 Answers | Asked in Trademark on
Q: Do you do DMCA on roblox under behalf of Mojang AB?
Erik Špila
Erik Špila
answered on Jan 10, 2023

Hello,

if your question is if a qualified lawyer from this website can help you send a valid Digital Millennium Copyright Act (DMCA) notice or Trademark infringement removal request for

violation of intellectual property rights on Roblox, to remove infringing content, then the answer is YES.

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1 Answer | Asked in Intellectual Property and Trademark for Pennsylvania on
Q: I want to make YouTube videos. Would the name "Postscript" infringe on any trademarks?

I want my YouTube channel name to be called "Postscript." I'll be making video essays in which I'll review, offer critique, and discuss my opinion on various pieces of media, such as films, television shows, anime, video games, etc. I liked the name because it's as if my... View More

Erik Špila
Erik Špila
answered on Jan 5, 2023

Hello there, you should discuss this with intellectual property lawyer in your area as there is a need for trademark search first for potential infringement of prior rights. Your question can not be duly answered without that. I wish you a good luck with your YouTube channel though.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Do I require a patent to protect an herbal formula while I try to sell/license it? Will something cheaper suffice?

I have come up with a novel formula of herbs that act as a strong stimulant together. I developed it over years to overcome difficulties at jobs and to keep me awake on overnight drives. It is stronger than energy drinks, at least for me.

I'm looking to protect as I seek to profit off its value.

Erik Špila
Erik Špila
answered on Jan 5, 2023

Very hard to say the exact and the only solution for you here. You should discuss this with your local intellectual property lawyer. In general, you can use the institute of trade secret and also carry some legal protection with it. However you need to meet some legal requirements for this and that... View More

2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Q: Is someone able to review my business idea to avoid a patent infringement?
Erik Špila
Erik Špila
answered on Dec 28, 2022

Yes, I highly recommend you to contact your local patent or IP law attorney to review it for potential infringement.

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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: Based on info from a book, I created a process that matches gemstones to a person's needs. Is this infringement?

The process is my original creation. I would like to acknowledge the author in my resources list so people can study his work. The author has died.

Erik Špila
Erik Špila
answered on Dec 12, 2022

In my opinion (dont take this as a final and comprehensive legal advice as I do not have all the details of your case), this would in most countries not considered as IP infringement. You have inspired yourself from the information covered in book however the process itself is your idea (your work)... View More

1 Answer | Asked in Trademark for Michigan on
Q: If a company trademarks a generic word, such as GLADIATOR, how am I restricted from using it?

For instance Jeep has a GLADIATOR model and there is a movie named GLADIATOR. I make laser acrylic emblems for various vehicles. Am I not allowed to make an emblem that says GLADIATOR at all? Or just using the font/logo that they use? Other examples would be Jeeps CHEROKEE and Ford's MUSTANG.... View More

Erik Špila
Erik Špila
answered on Dec 12, 2022

Answer to your question depends on more variables so we can not provide comprehensive question to your pertinent question here. However, trademark is mostly only protected in a territory in which it is registered and valid, and for goods or services that it has listed in the trademark registration.... View More

1 Answer | Asked in Trademark for Florida on
Q: Can I reclaim my trademark Mamushka? It was declared dead in 2020. Do I just file new application if I have no grounds t
Erik Špila
Erik Špila
answered on Nov 30, 2022

You can file a new trademark application for a new trademark. Office will proceed with it as with a new trademark application.

1 Answer | Asked in Intellectual Property and Trademark for Kansas on
Q: I am starting a clothing line for my brand that covers Kansas City Chiefs news. Can I use logos, player names, etc?

Will I run into any legal trouble if I use the Chiefs logo, specific player names, past logos, or such on my clothing? A better way to say it is what can't I include and what can I include. Thank you.

Erik Špila
Erik Špila
answered on Nov 30, 2022

The answer/answers to your question/questions depend on various further details that must be presented from your side first so the advice can be given based on all relevant case information.

What I can definitely say, from the point of view of intellectual property law and trademark law, it...
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1 Answer | Asked in Trademark on
Q: Me and partner are working on a product, and would love to work with Kabushiki Kaisha Shueisha Trademarks - Oscar
Erik Špila
Erik Špila
answered on Nov 22, 2022

Dear Oscar,

the only way to start working with company is to contact this company.

You can try it via email, phone or send them official letter with your portfolio and idea of future cooperation between you and the company.

I wish you a good luck

1 Answer | Asked in Trademark and Intellectual Property on
Q: Can I use the word supernatural in my game? Supernatural is a word and that's the only thing I want to use.

I have an original work and I wish to use the word supernatural for the title. Am I infringing any trademark by doing so?

Erik Špila
Erik Špila
answered on Nov 22, 2022

In my opinion, word supernatural is a word with a meaning and many use it in common language. So unless you use it in sense of trademark, then you should be good to go. However if you want to be certain about this, then you should seek a qualified trademark attorney in your area to seek her/his... View More

1 Answer | Asked in Business Law and Trademark for Pennsylvania on
Q: How do I know if an item is trademarked?Am I allowed to use video footage from my competitions ads?
Erik Špila
Erik Špila
answered on Nov 22, 2022

If someone does marketing through video ads for his products, he most probably has his product trademarked. However to have complete answer to this a qualified trademark research must be performed. I highly recommend you to seek an advice from intellectual property lawyer in your area first.

1 Answer | Asked in Trademark for California on
Q: Could I call a brand 'Mario & Peach' or would that infringe on Nintendo's trademarks for Mario and Princess Peach?

I would not use their likeness as part of the branding—just the names

Erik Špila
Erik Špila
answered on Nov 15, 2022

Depends on the various other details and circumstances such as country in which trademark will be applied for, similarity of goods or services, validity of competitors trademarks.

But the fact that the brand sounds or looks similar to the older trademark does not itself state that you can...
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2 Answers | Asked in Trademark on
Q: Hello, we noticed though that a generic term has been trademarked causing issues on Amazon.

We noticed a competitor trademarked the PMU/Permanent Makeup keyword. We've been receiving a warning to remove these keywords from our listings. Otherwise, they will take it down. I don't think it's fair to trademark a commonly used term for one's interest. Or can you check what... View More

Erik Špila
Erik Špila
answered on Nov 15, 2022

Yes, this seems like unfair competition, but due dilligence must be performed first by a qualified IP lawyer in this case to provide you with most efficient strategy.

In most jurisdiction there is a way to initiate the trademark cancelation proceedings or trademark invalidation proceedings...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Trademarks vs. copyrights?

Trademarks vs. copyrights? I have a business where I create websites and apps. I am not inventing anything new just adding a different take on already existing products. For example, I am doing a mindfulness app for kids. Do I need to trademark everything I do or can I just copyright my work?

Erik Špila
Erik Špila
answered on Nov 12, 2022

Most businesses do at least "bare minimum" in case of trademarking and that means that they try to trademark at least their main business name and their main product name. Even though copyright protection might extend to some of your business outputs, it does not offer you the trademark... View More

1 Answer | Asked in Intellectual Property for Louisiana on
Q: I received a mail from Kilpatrick Townsend about infringement of Apple’s intellectual property.

I received a mail from Kilpatrick Townsend about infringement of Apple’s intellectual property. I have an android app which uses Dark Sky company's weather data by formal way (I make payment every month for using Dark Sky data). But the Dark Sky company is bought by Apple in 2020. My weather... View More

Erik Špila
Erik Špila
answered on Nov 11, 2022

Tis could be a very case sensitive situation and we would need more details about the case in order to advice more. I highly recommend you to seek an advice from a local intellectual property lawyer so she/he can go through your case in detail and can give you best possible solution for this... View More

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