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Questions Answered by Erik Špila
2 Answers | Asked in Trademark for California on
Q: if i register a trademark, am i able to obtain the .com domain for the trademarked word?

there are a few names i am considering for my brand. however, for all of the names i am interested in, the corresponding .com domains are either: in use, in use but forwarded to a different URL, or parked and available for sale at $5k.

I am wondering if i have a registered trademark for... View More

Erik Špila
Erik Špila
answered on Nov 11, 2022

This will not be possible as the domain name registrator would have time priority (he registered his domain sooner than you have registered your trademark) against your trademark even if you succesfuly register your trademark in pertinent jurisdiction. So it is highly recommended to choose... View More

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1 Answer | Asked in Copyright and Trademark on
Q: Hi, can i make a "Wordle puzzle book" and sell it on line

wordle is online game hosted by the new york times

Erik Špila
Erik Špila
answered on Nov 6, 2022

If its a kind of game which is promoted or even trademarked under similar name in the country it is highly recommended to make a research if it will be possible for you to market similar or different product under similar mark. You should definitely consult with a local intellectual property lawyer... View More

3 Answers | Asked in Copyright and Trademark for New York on
Q: How do I get in contact with owner for permission to use a design?
Erik Špila
Erik Špila
answered on Nov 4, 2022

I would like to also add that if its design registered in other countries than it can also be trackable through design registry. EUIPO for instance has registry of Community design valid in EU where contact information of design owners can be found.

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1 Answer | Asked in Trademark for Florida on
Q: Could you trademark the word but with a different logo? Or use a variation (I.e. mountain bear farms)?

Question about “mountain bear” trademark

Erik Špila
Erik Špila
answered on Nov 2, 2022

Yes, the situation you are presenting seems to be possible, however more details would be needed in order to give you more qualified and exact answer. I recommend you to seek a local trademark attorney to help you with this.

1 Answer | Asked in Trademark for California on
Q: If I make [shirts] with entertainers name/image, how do I get permission sale the products??
Erik Špila
Erik Špila
answered on Oct 30, 2022

The most common way to obtain the permission from the person is to write him an official email/letter in which you ask for such permission. You should always seek for written permission (at least in the form of email) for future referrence and eventual disputes.

1 Answer | Asked in Intellectual Property for Florida on
Q: I'm a designer who works for a firm and does freelance on the side.

I sent a concept design to a potential client who ended up using it without my permission. I used my firm's email address as I was at work during a lunch break when I sent it. I sent a cease and desist letter to the potential client who stole my concept design. Their lawyer responded by saying... View More

Erik Špila
Erik Špila
answered on Oct 28, 2022

Dear Mrs or Mr,

this case you have presented could be a serious issue which shall be handled by a qualified professional in IP matters in your area. You should seek IP professional in your country and present him or her with more details of the case as this can not be duly and...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Is this a complete list of patent applications for brass trumpet mouthpieces
Erik Špila
Erik Špila
answered on Oct 26, 2022

Definitely advice you to check your question with professional patent attorney in your area. He can perform qualified research and you will minimalize the risk.

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1 Answer | Asked in Trademark for New York on
Q: If a trademark is live but has no date of publication - can I file for trademark under same class?

My registered business name matches my trademark (under a different class), but someone filed for a class that would infringe on part of my website's services. There is no date of publication to oppose but its still listed as "live". Should I go ahead and file for the same class with... View More

Erik Špila
Erik Špila
answered on Oct 25, 2022

The action you are proposing can definitely make some harm and infringe someone else rights. I strongly advice you to seek IP professional attorney in your area so he can advice you more in-depth as there are more details needed to be provided from your side.

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Should I oppose a trademark or file for the same class with detailed description? Their description does not infringe

I have a live trademark for class 025 but the website i've created also offers goods/services under class 035, 041, and 009. I noticed someone filed for class 041 but their description does not infringe on what I'm doing. However considering my website is a community with in person... View More

Erik Špila
Erik Špila
answered on Oct 24, 2022

Thats a highly complicated question (questions) and you should definitely seek intellectual property lawyer to duly analyze the details of your case. There is no right answer here as it depends on further variables that you will need to provide in order to get qualified advice.

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2 Answers | Asked in Trademark and Intellectual Property for California on
Q: How much does it cost to establish a trademark? Does it vary state to state? I live in California.

I want to trademark my brand name which I wish to sell products under.

Erik Špila
Erik Špila
answered on Oct 22, 2022

Yes, every country has different pricing. If you want to have trademark in USA, then the price will be different than if you want to have trademark both in USA and European Union. For exact list of charges you can check the local industrial property office (USPTO in USA and EUIPO in EU, for... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: Can I create a new product using a patented logo?
Erik Špila
Erik Špila
answered on Oct 16, 2022

I can only guess, based on information provided, that you mean trademarked logo and not patented logo. If this is the case, no you can not use trademark of someone else to create your own product. It could be copyright or trademark infringement. However for more complete answer you should seek a... View More

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can I use the New Yorker logo on top of an original design on clothes to sell on Etsy? Other well known names?

What are the rules regarding using a copyrighted name for small business commerical use? I'd like to be able to put albums, song names, or use images from movies on clothing items - obviously with an original twist of my own, but I'd like to stay in business, too.

Erik Špila
Erik Špila
answered on Oct 12, 2022

These are sort of complicated and not so easy to answer questions which would require more details from your side so we can provide you more case specific answers.

In general - you can not use copyrighted logos, names, designs and so on without the consent of the copyright owner in...
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1 Answer | Asked in Trademark on
Q: Usage of term "Minecraft"

Good morning. Is it legal to use term "Minecraft" in notebook title description (I don't print this word in notebook cover)? I have made a research and I couldn't find any restrictions in usage of that term in notebooks.

Regards,

Erik Špila
Erik Špila
answered on Oct 12, 2022

Well the term "Minecraft" is a trademark in many countries and also a copyright is in question. However I am not really sure if I understand your question correctly. What exact type of usage it would be? Will you sell something with using this? I am not able to advice further without more... View More

1 Answer | Asked in Copyright and Intellectual Property for Tennessee on
Q: If I upload a song and don't register copyright within 90 days, can I get royalties if someone records it & makes money

I am referring to an original composition of mine if someone records all or part of it without obtaining a license from me.

Erik Špila
Erik Špila
answered on Oct 12, 2022

Basic answer would be Yes, you can, as the copyright arises upon creation of the work. However there are some pros of registration of copyright in the U.S. or other few countries. You should seek intellectual property attorney to get the most efficient option for your situation.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Louisiana on
Q: How can the discovery of a novel compound from medicinal plant be protected by patent?

Novel compounds were isolated, characterized and elucidated from a traditional herbal medicinal product that had been in use for centuries by folk medicine practitioners. Is it possible to file a patent on this?

Erik Špila
Erik Špila
answered on Oct 12, 2022

This is a very difficult to answer just based on the information you have provided. I advice you to seek qualified patent attorney in your region/city so he can guide you through the whole process and discuss you with your options.

1 Answer | Asked in Copyright, Intellectual Property and International Law on
Q: I posted a digital artwork on Instagram 2 years ago, and someone listed and sold it on OpenSea (NFT marketplace)

they have generated over $25,053.21 in total volume; I have also submitted a report to OpenSea and have yet to receive a response from them, can I take legal action on this matter? or any form of compensation

Erik Špila
Erik Špila
answered on Oct 12, 2022

This case can be very specific and I highly recommend you to contact a local intellectual property attorney who can advice you on this and handle your case properly. She/He can also provide you with your options, costs and so on.

I wish you a good luck with your case.

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: If I have created a cartoon character (original drawing) how do I protect it from being used (name or design) by others?

I have a character that I have designed and I have a name for that character. I plan to feature the character in merchandise, apparel, comic strips, digital media, original stories, posters and other artwork. How can I protect my character and character name from being used by other businesses or... View More

Erik Špila
Erik Špila
answered on Oct 12, 2022

I would like to add to the answer from the colleague, that sometimes and in some jurisdiction it can also be efficient to register the cartoon character as an industrial design. Contacting qualified intellectual property expert in the area in which you would like to use/trade under this character... View More

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2 Answers | Asked in Intellectual Property for California on
Q: I am a music artist who perform since 2017 and have my nickname since i'm a child Blactina and a brand take my name !

On their file it say

"Name/Portrait Description and/or Consent StatementThe name "BLACTINA" does not identify a living individual"

I am a living individual who is indentify as BLACTINA

There is an issue

Erik Špila
Erik Špila
answered on Oct 12, 2022

Hi Blactina, there are surely a few things you can do in this case, however you should seek advice from a local intellectual property attorney to whom you should provide more information.

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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: I plan to register a copyright for a book in the name of an LLC I recently formed. Is there any downside to this?

The LLC will be listed as the copyright claimant and the author of the work. Thanks in advance!

Erik Špila
Erik Špila
answered on Oct 5, 2022

If the executive director of the company changes, he can decide to transfer it to someone else. However, in most of the jurisdiction the legal person can not be an author, so you should check whether it is possible or not, as there is an assumption that even though company can own the rights to the... View More

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Texas on
Q: Is it legal to create a website on the topic of quotes? I'm thinking of starting a quotes site, with curated content.

The website would specifically be ALL about quotes. Inspirational, motivational, etc.

Erik Špila
Erik Špila
answered on Oct 3, 2022

Many websites use same concept and they always state the author of the sentence. This should be legal in most of jurisdiction throughout the world. However do not cite large portions of texts from the books.

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