Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Bill Hulsey
3 Answers | Asked in Trademark for New York on
Q: can I buy a trademark that was cancelled over 10 years ago?

I would like to use the Chubbles trademark in merchandise

Bill Hulsey
Bill Hulsey answered on Dec 2, 2020

No, but you can file for the same mark, if it is not in use.

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Can one fight a patent for prior art which was NOT patented? And if yes, how to proceed, how much to invest?
Bill Hulsey
Bill Hulsey answered on Jun 1, 2020

Absolutely. Here are the guidelines for what qualifies a prior art:

Prior art constitutes those references or documents which may be used to determine novelty and/or non-obviousness of claimed subject matter in a patent application

Common Types of Prior Art...
Read more »

View More Answers

3 Answers | Asked in Trademark for Florida on
Q: Name I want to use is trademarked. But what if my business has more of a social presence than the trademarked name?

I can’t even find the trademarked business online.

Bill Hulsey
Bill Hulsey answered on May 26, 2020

Great question. There are numerous options to consider. If you'd like to discuss them, let us know:

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)...
Read more »

View More Answers

3 Answers | Asked in Patents (Intellectual Property) for Georgia on
Q: How can I purchase this Patent?
Bill Hulsey
Bill Hulsey answered on May 26, 2020

Tell us more, please. Which patent?

View More Answers

2 Answers | Asked in Patents (Intellectual Property) on
Q: How long is a patent good for? How long does a patent last and if it is a US patent does it apply to Canada?
Bill Hulsey
Bill Hulsey answered on May 26, 2020

20 yrs from filing date. The US Patent is not enforceable in Canada, but the application can be accepted in Canada for a national stage filing. To discuss further, contact our firm:

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of...
Read more »

View More Answers

3 Answers | Asked in Business Formation, Business Law, Entertainment / Sports and Trademark for Florida on
Q: Can I trademark an exhibition/docu-series name? I'm in FL & trying to register the name under Sunbiz & USPTO.

Also, if I can register it, would I need to register it as an LLC?

Bill Hulsey
Bill Hulsey answered on May 26, 2020

Yes. And, we can help:

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

HULSEY, PC

A Gold Standard in IP for a Competitive Entrepreneurial...
Read more »

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: what is the value of a patent of a drug? Is it a % of sales? especially like the patents that dr.fauci holds?
Bill Hulsey
Bill Hulsey answered on May 21, 2020

There are many options, including the % model.

View More Answers

2 Answers | Asked in Copyright for Maryland on
Q: Can an artist rescind permission after giving it?

I'm working with a team of volunteers on an unpaid passion project. One of those volunteers did a lot of artwork for us and gave us permission to use it. Now, about 9 months later, he is telling us that he wants all his artwork taken out of the project and completely redone. This puts a... Read more »

Bill Hulsey
Bill Hulsey answered on May 20, 2020

You may have a problem. However consider the rights of co-authors as addressed here:

https://corporate.findlaw.com/intellectual-property/copyright-ownership-the-joint-authorship-doctrine.html

View More Answers

2 Answers | Asked in Copyright for California on
Q: I am currently working on a website that uses words richie rich in the domain name. Would that create a copyright issue?

It's a website to build a community and I'm not sure whether it'll generate a copyright issue or not.

Bill Hulsey
Bill Hulsey answered on May 20, 2020

Probably not, HOWEVER, it would be necessary to know more about the site.

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

HULSEY, PC

A...
Read more »

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Hawaii on
Q: Am I able to write a book to teach towards an industry certification without permission of the owning organization?

The certification is owned by CompTIA. I'd like to write it explicity for the Security+ exam (completely in my own words of course).

Bill Hulsey
Bill Hulsey answered on May 19, 2020

Usually, yes.

View More Answers

2 Answers | Asked in Copyright for Illinois on
Q: If I were to use the name of a store with in a tv show for a t-shirt to make a profit. Does that go against copyright?
Bill Hulsey
Bill Hulsey answered on May 18, 2020

Probably. You should seek the approval of the show before selling the T-shirt.

View More Answers

2 Answers | Asked in Patents (Intellectual Property) on
Q: Hi, I have a golf putter head I want to patent. How do I go about it?
Bill Hulsey
Bill Hulsey answered on May 18, 2020

Give us a call or email:

Bill Hulsey

bill.hulsey@hulseyiplaw.com / 512-658-7173

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

HULSEY, PC...
Read more »

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Is there such a thing as the USPTO Hiding an Approved Patent number from the public for any reason? Is it even legal?

Someone is telling me they had the Patent office hide the Patent number for strategic reasons. And are only showing an approval for the application in lieu of the fact that the so called invention is possibly patentable. Makes no sense to me! Why would one hide a the patent number of an approved... Read more »

Bill Hulsey
Bill Hulsey answered on May 17, 2020

https://en.wikipedia.org/wiki/Invention_Secrecy_Act

Take a look at this article.

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: If a person falsely claims a product is patented when it is not, is this a crime?

The person in question is advertising and raising money by claiming his invention is Patented when it is not Patented.

Here is the info I have been able to ascertain thus far.. none of it is verifiable via patent search via USPTO for some reason...

Promoting a product as patented... Read more »

Bill Hulsey
Bill Hulsey answered on May 17, 2020

Stating something is patented when such is not true would be fraud

2 Answers | Asked in Trademark for Colorado on
Q: I am trademarking my business name: SpecificNameX Training.

If in the future I'd like to add a component to the business & TM a new name (similar but with a new word at the end) SpecificNameX Studios, will I be able to?

Bill Hulsey
Bill Hulsey answered on May 16, 2020

Probably. Consider establishing a family of marks.

View More Answers

3 Answers | Asked in Copyright and Trademark for Florida on
Q: Hello I have an online store and we want to sell shower curtains an mats with designer brand logo are we able to?

Are we able to sell it? We don't claim the artwork as ours.

Bill Hulsey
Bill Hulsey answered on May 16, 2020

https://www.youtube.com/watch?v=2jK8IndKMis

TRADEMARK FAIR USE

Please watch this video.

If we can help, let us know.

All the best,

Bill Hulsey

View More Answers

3 Answers | Asked in Trademark for Maryland on
Q: Skinlights is a trademarked word, can I instead use Skin Lights (with a space) or Radiant Skin Lights?

I’m a independent cosmetic brand and skinlights is trademarked by Revlon.

Bill Hulsey
Bill Hulsey answered on May 15, 2020

It depends on the use of the prior mark. If in a non-related channel of commerce where there is no likelihood of confusion, there could be some options for you.

Bill Hulsey / bill.hulsey@hulseyiplaw.com / 512-478-9190 / www.HulseyIPLaw.com

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Trademarking a name that is already trademarked. Same industry or not?

I'm looking to trademark a business name (call it "FishExample"). FishExample is currently trademarked for "furniture to store fishing supplies and goods". My FishExample business will be an online community/resource for fishermen (unrelated to furniture, but tied into... Read more »

Bill Hulsey
Bill Hulsey answered on May 15, 2020

Great facts. We can help and explain why. This is doable.

Please contact us.

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

HULSEY, PC...
Read more »

View More Answers

2 Answers | Asked in Copyright for Ohio on
Q: Do I need copywriter permission to make a 1 time driver license image for a birthday cake

Using a picture of an Ohio drivers license I erased all the info and put my daughter information on it so it could be printed One time on a birthday cake. The cake decorated said I need permission to use it because the Oh DL is copyrighted. How do you get permission

Bill Hulsey
Bill Hulsey answered on May 14, 2020

No

View More Answers

3 Answers | Asked in Trademark on
Q: How do I Purchase a trademark that has expired.
Bill Hulsey
Bill Hulsey answered on May 14, 2020

You question may not make sense. It would be helpful to know some of the facts.

Bill Hulsey / Bill.Hulsey@HULSEYIPLaw.com / www.HULSEYIPLaw.com

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.