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Questions Answered by Sean Goodwin
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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2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: how can i register an expired trademark

I want top register an expired trademark I see online

Sean Goodwin
Sean Goodwin
answered on May 21, 2024

A trademark clearance search should still be conducted to ensure that the expired mark is truly dead, and there are no pending applications or a family of related marks that can cause issues. The USPTO application fees are non-refundable, and it currently takes approximately one year for the... View More

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2 Answers | Asked in Trademark, Intellectual Property and Copyright for Oregon on
Q: Can I use the name "M.A.S.H" for a short story when "M*A*S*H" is trademarked?
Sean Goodwin
Sean Goodwin
answered on May 15, 2024

The short answer is "most likely, yes."

The M*A*S*H trademark is limited to "a comedy television series."

The writers of that TV series will have a copyright for those TV scripts. So, you may not make a derivative story about any of the characters from that TV...
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3 Answers | Asked in Intellectual Property and Copyright for Missouri on
Q: Person doing artwork for cover I designed for my book is claiming ownership

I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More

Sean Goodwin
Sean Goodwin
answered on May 8, 2024

Under U.S. law, an original work of authorship fixed in a tangible medium receives an automatic copyright.

You own a copyright to your original sketches. You do not own your friend's artwork (at least the original components that she added) because you did not agree via contract with a...
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2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

Sean Goodwin
Sean Goodwin
answered on Apr 30, 2024

Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More

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2 Answers | Asked in Copyright, Business Law, Trademark and Intellectual Property for Montana on
Q: I want to name my app "Fit.ai" however it's being used as a domain by "Booth.ai". Am I still able to use this name?

It is not a registered business or trademark. They only have the domain name.

Sean Goodwin
Sean Goodwin
answered on Mar 21, 2024

This is potentially a problem.

Trademark infringement is based on a likelihood of confusion. If you are providing a good or service that is similar to someone else and using the same name, then there could be confusion as to the source of the goods/services.

Federal trademark...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
Sean Goodwin
Sean Goodwin
answered on Mar 20, 2024

At least one of the independent claims (including each element of the claim) must be made, used, offered for sale, or sold for your patent to be infringed. If any element of the independent claim is missing, then they have designed a way around your patent.

The first step is to consult a...
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2 Answers | Asked in Trademark for Ohio on
Q: If we change the color of our trademark, does that violate the trademark?

Here is our TM information - it looks like it was trademarked as a word and not a logo, is that what you see?

Serial Number86491013

Registration Number4790337

Word Mark - CIRRUSSENSE

Sean Goodwin
Sean Goodwin
answered on Oct 18, 2024

Correct. A "standard character mark" means a word mark.

Word marks are the strongest type of trademarks because you can use any font or color, and there is no accompanying graphic design analysis required when you consider the likelihood of confusion factors for trademark infringement.

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2 Answers | Asked in Patents (Intellectual Property) on
Q: I am one of the direct relatives of the Inventor. His son and grandsons are also still alive. Even though the patent is

probably expired, is there anything we can do with it?

Sean Goodwin
Sean Goodwin
answered on Oct 8, 2024

In a nutshell, the owner of a patent registration gets a 20 year monopoly (from the date the application was filed) in return for giving it to the public upon its expiration. Once it enters the public domain, anyone can make and use the invention.

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3 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Can I file and receive a patent without retaining a lawyer? What would doing so entail ? How would I do this?

Just to tell you: I am no longer employed due to brain and spinal damage from being run over by a truck in 2018. (60% blind, memory damage, constant pain in back and legs, using a walker wherever I go, lethargy from the pain, insomnia)

I am curious about doing this as a hobby activity. I... View More

Sean Goodwin
Sean Goodwin
answered on Oct 7, 2024

The USPTO provides assistance to pro se applicants. You can find more information here:

https://www.uspto.gov/patents/basics/using-legal-services/pro-se-assistance-program

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2 Answers | Asked in Trademark for Georgia on
Q: I have a clothing trademark but I want to sell my designs as prints off of the same website. Will that hurt my trademark
Sean Goodwin
Sean Goodwin
answered on Sep 25, 2024

Nope. The trademark registration does not have to cover every service/good you provide. However, if selling prints is something that you want to do long-term, then it would be smart to contact a trademark attorney and file an application to add that service to your existing trademark registration.

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