answered on May 7, 2020
Usually not. But, the analysis is often more complex than a simple, "Yes" or "No" answer. There are numerous factors to consider.
While watching a popular late night show, they featured a sketch of an infomercial for a fake product which does not appear to be in production, on sale anywhere and does not show up in a Copyright search, Trademark Search or Patent Search. Prior to obtaining formal legal counsel I would like to... View More 
answered on May 5, 2020
It is possible, but likely that you would need to obtain NBC legal approval. I recall that "Land Shark" halloween costumes have been made. That image and art is an NBC property.
With the right incentive, a deal could be crafted.
My design incorporates a regulator, pump and generic canister filters that can be purchased at any autoparts store.
I am helping host an event and we would like to use the slogan: "There's no place like home, and no taste like gumbo".
Furthermore, would the slogan: "There's no taste like gumbo", paired with a yellow brick road and red shoes for an event logo, cause any problems?
Would I be infringing on the NFLs Copyright ? It would clearly be a parody but the cartoons are heavily inspired by NFL logos as they are super fans of each team .
answered on Apr 30, 2020
We are based in Austin, TX, but have quite a few FL clients. If you cannot find what you are looking for, give us a call.
All the best,
Bill Hulsey
Word mark for a brand ie Clothing, footwear, headgear. Goods and services etc
answered on Apr 29, 2020
Filing the application can take 2-3 weeks. Then there is the processing and prosecution time with the USPTO. Generally, it is best to first file with the USPTO. At the same time, we can file with the World IP Organization under the Patent Cooperation Treaty. This can be done within the same 2-3... View More
I am trying to protect my new food product from being copied in the marketplace. How do standards of novelty and nonobviousness apply? Please explain?
I do not want my product copied. How can I protect it in the marketplace? What are the standards of novelty and nonobviousness? How will it apply to my product?
I sold one shirt on Etsy for $15 with the quote “Still I Rise” and the words “Maya Angelou” in the description. Now her company is trying to fine me $250. Do I have to pay?
Here is an excerpt from the email they’ve sent:
“Indiana’s statute is very clear on this point:... View More
answered on Apr 27, 2020
This probably would not be a state law question. More information is requested.
I am opening a designer gift wrapping business, where people have their gifts professionally wrapped. I would like to use licensed, real products like Harry Potter gift wrapping etc.
1. Does a store need a special agreement or license to sell trademarked goods?
2. Is it a trademark... View More
answered on Apr 26, 2020
This series of questions requires substantial counseling and a legal opinion. Great questions, but not the kind of questions whose answers will be posted on the Internet.
Happy to address these in a more formal and reliable setting.
When Gulf Stream is related to the oceans current? The Gulf Stream, together with its northern extension the North Atlantic Drift, is a warm and swift Atlantic ocean current that originates in the Gulf of Mexico and stretches to the tip of Florida, and follows the eastern coastlines of the United... View More
How do I go about inexpensively getting a provisional patent so that I can start getting this product out there? I do not have time to do a regular patent.
answered on Apr 23, 2020
You can submit a provisional patent application that provides a description of how to make and use the invention. This will establish an international filing date. From this date you can further seek U.S. and international patent protection via subsequent patent filings.
Uspto didn't see our prior claim to a flow restrictor to any claim that doesn't have an earlier priority date. How can we inform the USPTO on their error to see our priority claim? We have an issued patent.
answered on Apr 22, 2020
Please clarify your question. It is not possible to answer properly in its present form.
Thanks so much!
Would I be able to describe and make a video about a topic and use a diagram or picture in a textbook under fair use laws, for posting on YouTube as nonprofit? Would I get copyright strikes?
answered on Apr 22, 2020
Take a look at the requirements for fair use of copyrighted subject matter. Here is a link to a page by Stanford University on the issue: https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/
If you comply with the fair use restrictions, you are probably fine.
I have a fiction book series and the first book is called Peas, Carrots and an Aston Martin. It is not about the company, it just happens to feature an 1960s Aston Martin, like the Bond one. There is no images of the car used and I do not use the Aston Martin typeface. The car is mention only in... View More
answered on Apr 22, 2020
You cannot use another's trademark if your use is dilutive of a strong trademark. If the use of the mark weakens the recognition of the mark's use in association with the owner's distinctive rights.
This a book entitled "The Lexus and The Olive Tree" by well-known... View More
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