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2 Answers | Asked in Trademark on
Q: T-Shirts with AC/DC inspired logo with different letters.

Dear legal professionals,

I'm seeking legal advice regarding the production and sale of parody t-shirts inspired by the AC/DC logo. The idea originated as a joke among friends, and I'd like to create a t-shirt using a variation of the AC/DC graphic style with letters that form an... View More

Sean Goodwin
Sean Goodwin
answered on Jan 13, 2025

First, U.S. trademark law only applies in the U.S. If you plan to only sell in Italy, then you need to seek out an Italian trademark attorney. If you plan to make the product in the U.S. and export to Italy, then the laws of both countries need to be considered.

Second, the U.S. Supreme...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: “Could you clarify what U.S. Patent No. 10,745,83

“Could you clarify what U.S. Patent No. 10,745,833 specifically covers in relation to the product? Does this patent apply to the design, size, or a unique functional feature of the towel? Since a towel is a common and widely available commodity, how is it possible for such an item to be patented,... View More

Sean Goodwin
Sean Goodwin
answered on Dec 19, 2024

The "Claims" section defines exactly what the patent covers. The two main ("independent") claims are:

1. A fabric, comprising:

a plurality of first material yarns; and

a plurality of second material yarns, in which the plurality of first material yarns...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: If I sell a coffee blend called “Goondocks Blend” am I at risk of trademark infringement?
Sean Goodwin
Sean Goodwin
answered on Dec 18, 2024

That's a great question. I highly recommend that you hire a competent trademark attorney to run a clearance search before you launch the brand. That search should take approximately 1-3 hours, depending on how many results need to be reviewed. If you get the green light, you should also... View More

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2 Answers | Asked in Patents (Intellectual Property) on
Q: How long do US patents last?
Sean Goodwin
Sean Goodwin
answered on Dec 17, 2024

In general, a utility patent registration lasts 20 years from the date the application was first filed. There are exceptions, though. For example, if certain claims are based on related patent applications filed prior to the one granted registration. Or, if the examination period was longer than it... View More

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3 Answers | Asked in Trademark, Entertainment / Sports and Intellectual Property for California on
Q: How can I claim the right to use a similar band name that was previously trademarked?

The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More

Sean Goodwin
Sean Goodwin
answered on Dec 15, 2024

File a trademark application with the USPTO.

Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: can I contact an inventor of a patent?

I had the same idea that one inventor patented but he if from Australia. This product doesn't look like it sold in America and I want to get in touch with him to ask him some questions. Is this possible?

Sean Goodwin
Sean Goodwin
answered on Dec 8, 2024

Yes, you can contact the inventor. Most inventors assign (i.e., sell) their patent. So, you should contact the owner of the patent instead.

If the owner of a patent in a foreign country does not have a correlating patent in the United States, then you are free to make, use, and sell the...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: This guy didn’t invent this lure How was he able to patent a product? He took general product and claimed as his own

It’s a common fishing lure. He didn’t add anything special to the lure

Sean Goodwin
Sean Goodwin
answered on Dec 6, 2024

I don't know which patent or lure you are speaking of, but occasionally the patent examiner will make a mistake and register a patent which is obvious or not novel. There is a procedure at the USPTO to contest a registered patent if you can provide documentation (aka, prior art) that was not... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: If I applied for a patent in US, then somebody stole it and done it in another country, like China as example, then if I

Then if I went to China and applied for a patent for the same device, which one of us will take the patent, me or him , if he already applied for a patent after stole it from Me in US ? , does this apply to any country I apply for a patent in it ? Like if I applied in Egypt, which will cost me... View More

Sean Goodwin
Sean Goodwin
answered on Dec 5, 2024

Patent treaties between countries do not allow this to happen (generally). Patents are country-specific and allow you to make, use, sell, and prevent others from doing the same in that country.

Requirements to get a patent:

1) Able to be used (the invention must work and cannot...
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2 Answers | Asked in Trademark and Intellectual Property on
Q: How can you purchase and register a trademark once it has a '606 - Abandoned - No Statement Of Use' filed?

I am specifically interested in acquiring trade mark Serial # 87847526. If possible could you send your answer to :

Sean Goodwin
Sean Goodwin
answered on Dec 2, 2024

If the trademark application/registration is abandoned, then anyone can file a trademark application to claim it.

USPTO application fees are non-refundable, and currently take about 9 months before an examiner will pick up your application. I highly encourage you to hire a competent...
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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: could I be reported for copyright?

If I sold t-shirts with the words "SAD DAD CLUB" or "SAD DADS CLUB" printed on them but the words "SAD DAD" are trademarked for use on t-shirts, could I be reported for copyright?

Sean Goodwin
Sean Goodwin
answered on Nov 21, 2024

You are asking for a complicated legal opinion, which most attorneys will not provide unless you are a client. If you would like a detailed answer to your question, please hire a competent trademark attorney.

The test for trademark infringement is "likelihood of confusion."...
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3 Answers | Asked in Trademark, Copyright and Intellectual Property for California on
Q: I'm looking to create and sell books commercially.

Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More

Sean Goodwin
Sean Goodwin
answered on Nov 8, 2024

The titles of books cannot be copyrighted.

Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing....
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: Is the term/name “Wheel of Calamity” trademarked or copyrighted in any way?

Intend to start a social media company under this title and want to verify its Existence amount other trademarked intellectual property.

Sean Goodwin
Sean Goodwin
answered on Nov 8, 2024

The best answer you will get to this question is from a trademark attorney who has conducted a legal analysis based on a clearance search. I highly recommend that you hire a qualified attorney to do this before you start spending money on advertising and then realize that you will have to rebrand... View More

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2 Answers | Asked in Patents (Intellectual Property) on
Q: Patent 8728929 on 2014-05-20 What is the status of the patent at this moment. Thanks
Sean Goodwin
Sean Goodwin
answered on Oct 30, 2024

This patent is alive and active.

In general, patent terms expire 20 years from the date of filing. This patent was filed on December 17, 2010.

In some cases, the applicant can request a patent term extension. This applicant received an additional 66 days to its term.

This...
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3 Answers | Asked in Contracts, Entertainment / Sports, Intellectual Property and Copyright on
Q: If I write my own lyrics and generate music free Suno AI,can I,usethe resulting song in YouTube videos without copyright

If I write my own lyrics and use Suno AI to generate music, can I use the resulting song in YouTube videos without copyright issues? The lyrics are mine, but I want to ensure there are no problems with the music from Suno. If there are potential copyright concerns, what steps should I take to... View More

Sean Goodwin
Sean Goodwin
answered on Oct 3, 2024

In addition to what Mr. Parron contributed, I would recommend reading the Terms and Conditions of Suno AI to determine what you can and cannot do with the resulting product. You need to learn as much as you can about the AI and how it was built so that you can determine if the output might infringe... View More

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2 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: how can I find out if a phrase or logo is trademarked?

I want to make sure a phrase I'm printing on a t-shirt isn't trademarked. How can I find that out?

Sean Goodwin
Sean Goodwin
answered on Oct 1, 2024

The best way is to find an experienced trademark attorney to perform a knockout clearance search of the USPTO databases to ensure that there are no possible infringing marks. This is especially important if you are planning to use a logo with graphic design elements.

Trademark law is...
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2 Answers | Asked in Trademark and Intellectual Property on
Q: Can I use the word "DeMolay" as a motorcycle club name if the name is trademarked?

Can I use the word "DeMolay" as a motorcycle club name if the name is trademarked?

Sean Goodwin
Sean Goodwin
answered on Oct 1, 2024

It depends. The registered trademark must claim specific classes/listings. In general, your use must not conflict with those classes/listings. There are exceptions in U.S. Trademark Law (i.e., the Lanham Act) if the owner of a trademark is considered to have a "famous" mark.

The...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: I received a copyright with a made up word & illustration, then found out someone has a trademark on a similar word, am

Am I protected with my copyright or does the trademark override my copyright?

Sean Goodwin
Sean Goodwin
answered on Sep 26, 2024

Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.

In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Hawaii on
Q: How can companies legally use other patented products?

If a product is patented how are other companies able to produce similar if not identical products? For instance coconut oil is patented under 5108775 so how is it legal for thousands of brands of coconut oil using this same method? Or is it irrelevant if it is branded under something else?

Sean Goodwin
Sean Goodwin
answered on Sep 5, 2024

Patents also have a lifespan. Typically, a utility patent only lasts for 20 years from the date of filing the application. After that period, the patent enters the public domain and anyone in that country is free to make and use the technology described in the patent. The patent you referenced... View More

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5 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: If I make a parody coloring book called "the unofficial [famous furniture company] coloring book," can I be sued?

If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More

Sean Goodwin
Sean Goodwin
answered on May 30, 2024

The U.S. Supreme Court redefined the parody exception to trademark law in 2023. In the case of Jack Daniel's v. VIP Products, the court held that trademark parody exceptions only apply to "noncommercial" products. Therefore, it is now much easier for famous trademark owners to sue... View More

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2 Answers | Asked in Trademark and Intellectual Property on
Q: BOYMOM is a trademark written in adjacent form. Can I write it separately and use it?

Hello, I used the expression 'BOYMOM' in my etsy store without knowing that it was trademarked. The product has been disabled by Etsy. I told the brand owner that this was not used intentionally and asked him to withdraw his complaint on this issue. However, he stated that he would not... View More

Sean Goodwin
Sean Goodwin
answered on May 21, 2024

You are asking if you have a defense to allegedly committing trademark infringement. I do not think any lawyer will answer that question in a public forum.

A trademark is how customers recognize your goods or services in the marketplace and distinguish your goods or services from your...
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