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2 Answers | Asked in Patents (Intellectual Property), Trademark and Intellectual Property on
Q: Hi, I am trying to drop ship the nova bag from the website Wool & Oak. I don't know if the product is patent, trademark

I just want to know if I am allowed to drop ship this product and brand it after. Is it legal. So did Wool & Oak patent it or trademarked it or put copyrights on it. The product they sell is the only thing I care about. I won't take anything from their website

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answered on Nov 3, 2024

The product is most likely subject to more than one form of Intellectual Property protection by its manufacturer or original owner: trademark (its brand), trade dress (protects the overall appearance of the product, including its size, shape, color, texture, and graphics), patents of any... View More

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3 Answers | Asked in Trademark for Texas on
Q: My business name isn’t trademarked, but is reg with the county & I operate a website and social media accts under it

My small 3 year old online retail business’s name isn’t trademarked due to the cost, but I did register the name as a DBA through the county in Texas. I also operate the website for my business using the same domain name and have a business presence under the same name on all major social media... View More

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answered on Oct 30, 2024

It depends on whether use of the mark is sufficient to be considered use "in commerce". Through the business the mark would need to be associated with the sale of goods or providing a service, in addition to being associated with social media accounts and websites. If there have been... View More

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2 Answers | Asked in Gaming and Patents (Intellectual Property) on
Q: Hi we would like to a patent our technology which allows in game betting for live poker. Also our dynamic odds engine.
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answered on Oct 30, 2024

I have considered patent eligibility in the past for technology of games such as poker, and the technology and dynamic odds engine needs to contain elements that transform pre-existing processes of game betting for live poker (or abstract ideas) into a patent-eligible application. Please see my... View More

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2 Answers | Asked in Intellectual Property, Internet Law and Copyright for Louisiana on
Q: Is it legal to take a recipe video from instagram and use an AI bot to create a recipe list from said video?

Would allow users to copy a link to the video and then paste it into the app, the AI would generate a shopping list and recipe steps to make said dish.

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answered on Oct 24, 2024

AI generating the shopping list and recipe steps from the link to the video: whether or not this is considered copyright infringement of the contents of the video or "illegal", will depend on if using the AI generative tool in this way will be considered Fair Use of the content of the... View More

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3 Answers | Asked in Trademark and Intellectual Property on
Q: I have exclusive distributor with manufacturer. How can I legally stop him from selling his product to another company?

I am in discussion with a manufacturer in China to become his distributor in UAE. We agree to take exclusive distribution meaning that they should not supply their products or brand to another distributor in UAE. We will be signing a contract for exclusive distribution.

How can I legally... View More

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answered on Oct 23, 2024

Ensure that the Choice of Law provisions in the contract you are executing are subject to the laws of the jurisdiction where you are seeking to distribute the product, namely the UAE, otherwise it may be harder to enforce the terms of the agreement or license in that country.

Ensure any...
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2 Answers | Asked in Contracts, Copyright, Intellectual Property and Internet Law on
Q: Can other companies track, map and time people’s runs or do strava cover this? If they do, how come MapMyRun etc exist
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answered on Oct 21, 2024

Tracking, mapping, and timing people's runs through an invention or product would need to include an inventive step, that moves beyond an abstract idea(s), to be considered patent eligible. Tracking, mapping, and timing people's runs can be achieved through existing systems and in some... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Ohio on
Q: I don’t want to infringe on this patent. If my system does not attach to shelf and does is not adjustable in depth would

Patent Claims

1. A method for wire shelf restoring by altering the visual aesthetics of a wire shelf comprising:

providing a top surface covering capable of defining a plurality of depth dimensions;

adjusting the depth of the top surface covering to a predetermined shelf... View More

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answered on Oct 14, 2024

To directly infringe a method patent claim, a person must have practiced all the steps of the claimed methods. Hence, if the referenced method, is the full method in that particular claim, you will not infringe it if not all of these steps are carried out. If another party under your direction... View More

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2 Answers | Asked in Trademark, Arbitration / Mediation Law, Business Law and Intellectual Property for Hawaii on
Q: An ex-board member is using my trademark event name without my permission. Do I have standing to issue cease and desist

My family started a public event more than 40 years ago and I took over more than 10 years ago holding this event. I just started the process to trademark the event name. An ex-board member is using the event name and trying to hold the same event without my permission. Do I have standing to send a... View More

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answered on Oct 14, 2024

If the ex-board member learned of the trademark while being a board member, (and the source of the trademark is the family board) and then the ex-board member started to use the mark unilaterally after leaving the board, then you may have grounds to issue a Cease-and-Desist letter. This may be due... View More

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3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: A circle of 3D model copyright infringements

So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.

What if I get access to those models? Can I use them without the creator permission?... View More

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answered on Oct 13, 2024

In the Second Circuit (where New York State sits) if you get access to the models and use them, the first consideration is if the models are in fact original expressions of an idea (not the idea itself) and are considered copyrightable. If you are right in your question, and the models do... View More

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3 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Is Brew Good, Do Good the same as Brew Good. Do Good as far as trademark

Subject: Request to Cease Use of Trademarked Phrase

Dear Michelle,

We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More

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answered on Oct 13, 2024

If the trademark is already registered by a third party for a similar industry as yours, then the question is one of priority of use. Whoever can show that they used the trademark first in commerce in that particular industry, would have priority to its ownership.

The Cease-and-Desist...
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2 Answers | Asked in Copyright, Intellectual Property, International Law and Trademark on
Q: Does using a company's name in a domain for independent stock information violate trademark law?

I am considering registering a domain name that combines a publicly traded company’s name with the word ‘stock’ (e.g., [CompanyName]Stock.com) to independently present public information about the company's stock performance, financial data, and other objective metrics. The site would... View More

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answered on Nov 12, 2024

If you are not using the mark to establish a brand in the selling of goods and services, using the mark as part of a domain name for a website is usually considered minimal use and not sufficient to constitute trademark infringement.

Consider my annotation to this case where the mark was...
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2 Answers | Asked in Intellectual Property for Michigan on
Q: Legal Assistance Needed for Recent Copyright Infringement Email

I am reaching out for legal guidance regarding a recent copyright infringement email my business, Empire Wardrobe, received. This email included a screenshot dated five months ago of a product on our website, which, according to our records, was removed shortly after that time.

This is the... View More

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answered on Nov 5, 2024

Additional issues to consider would be whether the claimed original image is registered with the US Copyright Office, the purpose the original claimed image was used versus the purpose of the accused image, questions of any damages, and accessibility to the claimed original source.

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2 Answers | Asked in Copyright and Business Law for North Carolina on
Q: what are the legalities regarding 3d scanning an object, modifying it, then 3d printing and then selling that part?

I know that outright copying and selling is not legal. But what are the laws regarding scanning an object and improving upon the scan, or modifying it, and then 3d printing it to sell?

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answered on Nov 2, 2024

If the average layman or person cannot tell the difference between the original object and the 3d printing, then it may be illegal. It depends on the full circumstances of how the original object is used and its consumers, compared to how the 3d printing will be used, and its market.

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2 Answers | Asked in Trademark for Florida on
Q: could i use the word with an added city ? when the main word has a trademark
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answered on Oct 23, 2024

The answer to your question depends on how and where you seek to provide in commerce the goods or services that the proposed trademark is attributed to. If for example, the origin of your goods or services come from outside the city you're seeking to incorporate in the trademark, this could... View More

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