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Questions Answered by Erik Špila
1 Answer | Asked in Copyright, Gaming and Trademark for Georgia on
Q: Can I make a web-comic using screenshots from a video game?

More specifically, can I tell the story of the game, using screenshots, edited into a web-comic format? Would the story have to be original? Is there any variation of this idea that could be monetized?

Erik Špila
Erik Špila
answered on Sep 6, 2022

Yes, you can use screenshots from a videogame to make some new piece of author work. Considering that the screenshots are also yours. In my opinion it is same as making a YouTube videos in-game and then monetizing your gaming channel. Story should be original if you want to be an author of the... View More

1 Answer | Asked in Consumer Law and Patents (Intellectual Property) for Oregon on
Q: I created a new product for my regional food company. It appears it will be official and sold. Am I entitled.

I live in Washington state but work in Oregon

Erik Špila
Erik Špila
answered on Sep 2, 2022

This depends on if you created it as a company employee, or in your free time for yourself. It is sometimes hard to prove both of them. It all depends on jurisdiction. I would recommend you to contact local attorney to discuss this matter.

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Oklahoma on
Q: Can I patent an idea or program I created ? I have shared this nation wide and state wide. I go to schools as well

In clinic, or school program that helps secretly get resources out on human trafficking. Program design to help keep individuals safe. After wrongful termination the clinic is still wanting to use my ideas.

Erik Špila
Erik Špila
answered on Sep 2, 2022

It is not certain how long have your invention been public and other details. Computer programs themselves are mostly not patentable but in some cases they can be patentable (you can patent processes performed by the software). However, if your software is no longer novel, you will not be able to... View More

1 Answer | Asked in Copyright and Trademark on
Q: Hi there , I am the Domain Owner of HENRYSCHEIN.SHOP & I got Cease & Desist Letter, do I stand firm or ask to buy.

Do I stand firm or should I ask them to Offer me an Amount.

Erik Špila
Erik Špila
answered on Sep 2, 2022

Hello,

this mostly depends on the priority date. Have they registered trademark before you registered this domain? Have they used the mark before? Maybe they have registered the same name as a business name before. There are many questions that would need to be answered first before we can...
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1 Answer | Asked in Trademark for New York on
Q: I have a startup and let the trademark name lapse and expire.

A big company is using a similar name recently that sounds the same but a different spelling. They’re in a different industry and I’m launching an app with the name. Is that going to be a problem?

Erik Špila
Erik Špila
answered on Sep 2, 2022

Dear Mr or Mrs,

this situation can be approached in several different ways, however I would need to know the differences between marks/names/segments first, to answer you. Sometimes you may think there is a difference in an indrustries of trademark owner and the other party but the reality...
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1 Answer | Asked in Trademark on
Q: A pair of shoes that copy the brand of the tiger puma (but the copied shoe doesn't have the word Puma, only the tiger).

A pair of shoes that copy the brand of the tiger puma (but the copied shoe doesn't have the word Puma, only the tiger). Can I report with a certificate with both Puma and tiger symbols

Erik Špila
Erik Špila
answered on Sep 2, 2022

Well if you are not a legal representative of Puma, you can report to Puma representative or their information department. They will handle it, if they want to.

3 Answers | Asked in Trademark for New Jersey on
Q: Do they have any legal standing on the trademark infringement?

I received a letter regarding trademark infringement for a product that i have been selling for years with the same product name, i noticed that the trademark was filed recently although the company that sent the letter claims they have been using the name for years

Erik Špila
Erik Špila
answered on Sep 1, 2022

Dear Mr or Mrs,

the proper answer for you would depend on further information you would need to provide such as the content of the letter, segment of products, registered trademark goods/services and so on. Also some evidence of you selling the products with this trademark would also help...
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1 Answer | Asked in Intellectual Property on
Q: the Trade mark Oral Xcel is abandoned we use for ane product Oral Xcel see oral-x.com. can we apply /reinstate?email -
Erik Špila
Erik Špila
answered on Sep 1, 2022

Dear Mr or Mrs,

yes it is possible to file a new trademark even though the previous one, which was similar/identical, was abandoned.

However you will need to go through the whole process of trademark registration from start.

2 Answers | Asked in Trademark for Florida on
Q: How do i get my artist name trademarked
Erik Špila
Erik Špila
answered on Sep 1, 2022

If you want to trademark your artist name in European union, it is possible too. There are many such trademarks already registered here.

First I recommend trademark search for possible conflicting trademarks and then you can use legal practitioner in EU to file EU trademark on your behalf....
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1 Answer | Asked in Trademark for Indiana on
Q: I just trademarked my business name and I recived a cease and dissise letter tell us to change our name.

Their name isn't I just trademarked my business name and I recived a cease and dissise letter tell us to change our name or we will get sued. Our name is back to Eden Herb Shop and their name is Eden food. They are not trademarked. Is this trademark Infringement? Can they sue us

Erik Špila
Erik Špila
answered on Aug 31, 2022

Dear Mr or Mrs,

at first I would like to say - this situation is quite common and it surely has its solution, so you do not need to panic or be stressed about that.

In modern world you can basically sue anyone for anything, however, your success rate depends not only on good...
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1 Answer | Asked in Trademark on
Q: Si j'enregistre le nom de ma marque en Martinique uniquement, est ce que je vais pouvoir livrer partout dans le monde?

J'ai une opposition de Dior au nom de marque que je veux enregistrer. Apply in France. Trademark number 4788685

Erik Špila
Erik Špila
answered on Aug 30, 2022

Hello there,

in the world of intellectual property, there is always a way to find a good solution, even though the opposition has already been filed against your TM application. The trademark search and some further information would be necessary in order to find out the right answer for...
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1 Answer | Asked in Copyright and Trademark for Florida on
Q: Can you use a lower case p and put the word phish on a shirt?
Erik Špila
Erik Špila
answered on Aug 30, 2022

The answer depends on many variables such as are you going to make business with these shirts? Are you going to use the shirt only for your private purposes (like wearing it by yourself)? If you are going to sell these, are there similar/identical trademarks in such segment in your country?... View More

1 Answer | Asked in Patents (Intellectual Property) on
Q: Hello i'm a ebay seller, how much patent infringement costs; for an item has been sold 4 time, which cost 7.9 $

a court case has been filed against me and anothers store. for patent infringement. after contacting the lawyer, her client accepted a settelement for 150$. is it a good deal, or if i wait the judgment of the court will be better

Erik Špila
Erik Špila
answered on Aug 30, 2022

Dear Mr or Mrs,

you are not mentioning your jurisdiction (country) but I can say for my jurisdiction its 1000% better to settle case for simple 150$ out of the court than going through whole proceedings at the court. For instance the court fees could be much higher than the actual...
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2 Answers | Asked in Employment Law for North Carolina on
Q: Hi, How do you know when you take a new job, you are not violating non-compete ?

I work for a large telecom company & signed a non compete, the non compete language is broad & does not mention any companies.

I have an offer to join a startup company in technology. This new company is not a direct competitor & not in the telecom space. I want to make sure I... View More

Erik Špila
Erik Špila
answered on Aug 30, 2022

Dear Mr or Mrs,

in such cases the best way, at least in my jurisdiction, is to consult the company legal department. This is the only way you will know, if they will consider such actions as competition or not.

I wish you best of luck in the new startup.

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1 Answer | Asked in Trademark on
Q: Trademark Question, added details.

Let's say there is open source website named "Portal Diagram" which is diagramming tool, but "Diagram" is trademarked for computer software for diagramming tools by a big company. So, Portal Diagram is trademark infringement in this case? What could be the penalty if it's already publicized?

Erik Špila
Erik Špila
answered on Aug 29, 2022

Dear Mrs or Mr,

for the comprehensive answer I would need concrete examples, as there are various variables that can be taken into account when considering trademark similarity.

However I can actually say that if the trademark is part of another sign which is used in business, then...
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1 Answer | Asked in Trademark on
Q: Can I use a dead trademark say on amazon merch without purchasing the trademark? What if comes alive while using it?
Erik Špila
Erik Špila
answered on Aug 27, 2022

Dear Mrs or Mr,

you can use trademark which is no longer valid and can not be validated/renewed anymore in trade. From information provided by you I can not be 100% sure whats the status of the mark, what registry, what territory are you going to market your goods in, what goods are you...
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1 Answer | Asked in Trademark for Florida on
Q: If theres a logo trademark "Blend smoothie and salad bar" under the category of restaurant services, can I write the tra

If theres a logo trademark "Blend smoothie and salad bar" under the category of restaurant services, can I write the trademark "Blend&Co" for my restaurant selling healthy smoothies, juices, coffee, tea, etc..?

Erik Špila
Erik Špila
answered on Aug 26, 2022

Dear Mrs or Mr,

as there is no refference in your question to the mentioned existing trademark, I will only try to answer according to provided information.

These two trademarks "Blend smothie and salad bar" and "Blend&Co", considering they are both in same...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Hello, I would to be sure the product i will sell will note be concerned by an existing patent. How to check?
Erik Špila
Erik Špila
answered on Aug 24, 2022

Dear Mrs or Mr,

you can perform a design patent (industrial design), trademark or patent search in pertinent territory. Performing all of them might be difficult and expensive. Maybe if you provide more details about product I can offer more specific advice so you can do only relevant and...
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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: How to apply for a patent to sell similar products?

I sold a similar patent expandable bellows (Patent # 11,131,410) product on Amazon and got a complaint. So how do I get permission for this to be legal.

Erik Špila
Erik Špila
answered on Aug 24, 2022

Dear Mrs or Mr,

in this case you can either contact the patent owner to give you permission (licence) and then forward this agreement to the amazon.

If you think you have been wrongfully accused by the complainant, you can appeal to amazon if your product listing has been removed....
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1 Answer | Asked in Internet Law for Louisiana on
Q: IN THE STATE OF LOUISIANA IS IT ILLEGAL TO USE SOMEONE ELSE'S NAME ON SOCIAL MEDIA WITHOUT PERMISSION
Erik Špila
Erik Špila
answered on Aug 24, 2022

Dear Mrs or Mr,

if you are reffering to identity theft then this is definitely not legal to act as someone else without their permission on social media or anywhere else.

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