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Questions Answered by Erik Špila
1 Answer | Asked in Criminal Law, Identity Theft and Internet Law for Colorado on
Q: So I foolishly got in contact with a hacker and they have all of my info. They also blackmailed me. What should I do?
Erik Špila
Erik Špila
answered on Aug 24, 2022

Dear Mrs or Mr,

in this case you should definitely first contact the local police and provide them more case details. They should advice you accordingly.

I wish you a good luck with this situation and I hope they will help you.

1 Answer | Asked in Animal / Dog Law for Alabama on
Q: Can I go to jail if I break up with my boyfriend and take my dog that he gave me with me

Can I go to jail if I take my dog with me whenever I move out for my boyfriend's house he gave me the dog but it's not his dog is mine what kind of proof do I need that she belongs to me and is there anything that he can do to me if I take my dog with me he don't take care of her and... View More

Erik Špila
Erik Špila
answered on Aug 23, 2022

Dear Mrs,

the proof of dog ownership should be available at your local vet station where dog should have been registered on his first medical examination. Also some cities hold their own records about dog owners, so contacting local city hall can also possibly help you. If you are the owner...
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1 Answer | Asked in Animal / Dog Law for Oklahoma on
Q: Dog is registered to me & my address through vet & the city. Can my ex keep him from me

Ex of 8 yrs won't share our dog, we got 1st month we got together...I done everything for this dog. Since my ex has realized he's not getting me back he now won't let me have our dog..

Erik Špila
Erik Špila
answered on Aug 23, 2022

Dear Mrs or Mr,

dog should be in your ownership according to what you described, that means you shall have right to have him, and right to decide where the dog will live.

I advice you to warn your ex that you can sue him and get your dog back this way. And that would be very costly...
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1 Answer | Asked in Gaming on
Q: I need to know if I can legally create a Monopoly video game without asking Hasbro Gaming for permission.
Erik Špila
Erik Špila
answered on Aug 23, 2022

Dear Mrs or Mr,

suddenly this will not be legally possible, at least not like you want it. Hasbro has this board game very good trademarked accross many countries around the world. Even if they have no trademark for "Monopoly" word in the country in which you would like to create,...
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1 Answer | Asked in Intellectual Property for Illinois on
Q: I pitched an idea for a software platform to a large local company around the year 2000. The company was extremely

interested before suddenly cutting off communication with my company. I now work for this large corporation and was recently called into a meeting where I saw the product I had pitched had been fully implemented internally. I have zero proof. Do I have an IP case?

Erik Špila
Erik Špila
answered on Aug 23, 2022

Dear Mrs or Mr,

your case would be very hard as the burden of proof lies on your shoulders as you would be in position of plaintiff. Also the time (20 years) is quite a lot and making situation harder as you did not try to patent or protect differently this idea of yours.

Maybe you...
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1 Answer | Asked in Intellectual Property on
Q: I need to save a patent of an invention by a non-US researcher

saved in Tunisia's copyright and inventions' company INNORPI and I would like to sell it

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

yes, the patent owner can sell the patent with contract between him and the new owner.

However some countries require you to register such agreement in te local Intellectual Property Office.

1 Answer | Asked in Business Law, Communications Law and Gaming for Arkansas on
Q: Is it possible for me to sue Pokémon support for lying in their code of conduct and negligence

Code of conduct says “if you believe you have been mistakenly discipline, please contact support here” which is where I make support request ticket but after making one all I get is an email (This is an automated email response.) saying “we don’t respond to inquiry’s of that kind” or... View More

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

well this is kind of not so exact question, but I will try to provide an answer to at least some extent.

At first the question about "If you are able to sue someone" is very general and the general answer to this is that Yes, you can sue, because you can...
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1 Answer | Asked in Business Law and Gaming on
Q: Hi, I have found a way to hack a game. I want to sell crystals you also can buy in game.

I live in Denmark and the android game is made by non-danish people.

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

in Denmark the actions you have mentioned might potentialy lead to a criminal prosecutions. Hacking is when someone gets access to someone elses computer, programmes, email or social profile without her/his permission. Everything without permission in this case might be in...
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1 Answer | Asked in Entertainment / Sports and Gaming for Texas on
Q: What kind of restrictions and red-flags might I need to avoid and look over when developing a mobile app?

Essentially I have an app in development that requires the user to utilize their phones movement (throwing or spinning it) as an in-game feature. I am concerned however on what would occur if a person accidently drops or breaks their phone and whether they are able to take any legal actions against... View More

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

thank you for your question and I will be starting with the fact that its very good (from the legal point of view) that you are already warning your users and you provide safery instructions before usage of such app.

Other relevant precautions might be to enlist...
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1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: Need help regrading patent

We have received irrelevant infringement patent on Amazon and looking someone who can help us to solve this issue

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

if this issue is still valid, you can PM me more details about this and I can have a closer look at this.

1 Answer | Asked in Products Liability and Patents (Intellectual Property) for Minnesota on
Q: I have an idea for an invention and I've talked to companies about it I do not have a patent but I don't want it stolen

I can't afford a lawyer was looking for a one pro bono seems to be none in St Paul Minneapolis area how do I do this myself or can I

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

if you want to be more sure that your invention will not be stolen, there is an option to sign non-disclosure agreement with your business partner/company you are talking to about your idea. Always inform such company that you insist on signing this before you talk about...
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1 Answer | Asked in Family Law, Estate Planning and Probate for South Carolina on
Q: My father left me all his belongings in his Will. How do I get his stuff from his girlfriends house, car etc legally.

I live in Tacoma, WA. His car, photos, police memorabilia and belongings are at his girlfriends house in which he stayed. She is not cooperating with me Getting his stuff although I am the sole beneficiary in his will. They weren’t married. I have the Will but, I want to get the stuff with no... View More

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

at first I would like to note that I am not able to answer this from the exact point of view of your jurisdiction. So I will be telling a general legal advice and how I would proceed in your case.

In my country there is a special type of action that can be filed to...
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1 Answer | Asked in Trademark on
Q: Hi! If a work is already trademarked (I'd like to trademark Kaki), is it impossible to trademark it for my business?

*word

Erik Špila
Erik Špila
answered on Aug 21, 2022

Dear Mrs or Mr,

to answer your question more precisely, more details would be required. However I can discuss the details you have provided.

Lets say a word is trademarked in country in which you want to apply for a same word trademark, then it can be a quite problematic and he can...
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1 Answer | Asked in Trademark on
Q: How much it will cost me to trademark a brand name globally? ANd where will i do it?

My brand name is RIĆH not RICH it has the ` above the C, can i trademark this as a clothing brand?

Erik Špila
Erik Špila
answered on Aug 21, 2022

Dear Mrs. or Mr,

this is a very frequent question when people start business and there can be more than one good answer to this.

At first there is no such thing as global trademark so far.

Most cost effective way to obtain trademark protection in multiple countries with...
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1 Answer | Asked in Trademark on
Q: Can I put text on my shirt if they're trademarked on items that are not clothing?
Erik Špila
Erik Špila
answered on Aug 21, 2022

Dear Mrs or Mr,

the answer for your question depend on the fact if you are going to us the text just on your shirt and use it for a personal purposes or you want to sell the shirts and make your own business with this trademark.

If you want a shirt and use it only for personal use,...
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1 Answer | Asked in Copyright and Trademark on
Q: Is it legal to create a sell toys using electrostatic levitation? Want to make sure it is legal to create and sell them.

Fun fly sticks trademark is in Status: 710 - Cancelled - Section 8.

Erik Špila
Erik Špila
answered on Aug 21, 2022

Dear Mrs or Mr.

when it comes to trademark law, you definitely can apply for trademark for toys in this segment. Legality of selling such toys is a question for different legal practice area and depends on laws in pertinent country.

1 Answer | Asked in Trademark for California on
Q: Rosa especial Is this one a trademark name

Rosa especial is this a trademark name I look to start a tequila brand I just need a good name

Erik Špila
Erik Špila
answered on Aug 21, 2022

Dear Mrs or Mr,

that is a very good question. The registrability of this phrase would depend on the territory in which you would like to seek a trademark protection. An attorney/trademark lawyer can make a clearance search for you and advice you at least if that particular name is already...
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1 Answer | Asked in Trademark on
Q: Trademarks for phrases/quotes

Hi,

I would like to ask about Trademarks for phrases/quotes

How can I trademark a phrase/quote?

How much time and cost?

Erik Špila
Erik Špila
answered on Aug 21, 2022

Dear Mrs or Mr,

it is possible to register phrase or quote, however it is very highly recommended to perform clearance search for the particular phrase/quote you would like to register. This should be done before you/your attorney apply for trademark registration. As a result of this search...
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1 Answer | Asked in Trademark on
Q: Hi, so "the forest is Calling" has already been trademarked, so no one are able to use these words, right? Thanks _/\_
Erik Špila
Erik Špila
answered on Aug 21, 2022

Hello there!

According to trademark law principles, if someone registered slogan "the forest is Calling" for instance in the U.S. then it depends for which goods or services it was registered, if you are able to use it. As I do not see any link to a trademark you have refered to,...
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1 Answer | Asked in Copyright and Trademark on
Q: Dear Sir, Can i use the word "ESSENTIALS" to Create the New Brands of FASHION?

I just want to strengthly sure about that infomation. I known "FEAR OF GOD ESSENTIALS" was successful, and owned by FEAR OF GOD,LLC. But as me know, "Essentials" is common vocabulary in English, and this word is content at Oxford Dictionary.

Erik Špila
Erik Špila
answered on Aug 20, 2022

Dear Mrs. or Mr.,

to precisely answer your question, the proper trademark clearance in relevant territory shall be performed. This action is not that expensive and can save you from many issues in the future.

Also if you happen to make brand from just single word...
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