If you are referring to patent 6445969, inventors Jim Kenney and John Leon, this patent has expired and is now in the public domain. If you look it up on Google patents, you can see the details.

While a mathematical theory or proof or equation would not be patentable, a method of doing something useful might be patentable.

As a matter of pride and prestige, it may be worth it to you to pursue a patent on the method, so you can be a patent holder.

On the other hand, as a... View More

What you are describing is clearly copyright infringement, and your proposed fair use defense would not fly. The author has a pretty far-reaching right to control and profit from clearly derivative works like a recording of their writings. The law governing this is the same throughout the US.... View More

Your trademark was abandoned in 2015, and it is too late to petition to revive it. You can, however, file a new application to register it, if you are still using the mark. Hopefully no one else has registered the same or similar mark for the same or similar goods in the past 6 years - a... View More

Based on your story, you don't appear to have explicit permission to use the photo, and may be infringing the photographer's copyright rights. Also based on your story, this photo is widely used and the photographer may not care, or may have intentionally placed the photo in the public... View More

No, unless your invention is new and different. If the existing app is patented, you must be careful that you don't infringe on that patent.

This is the type of rejection that depends mostly upon how close your goods or services are to those of the registered mark holder. Depending upon the facts and circumstances, you may be able to overcome the rejection, or not. As the other attorneys said, pay close attention to deadlines, and the... View More

No, not completely. If you publish or display or otherwise violate someone's copyright rights, whether knowingly or not, they have a claim against you.

One thing you can do is have your client indemnify you for any damages and costs you may incur as a result of your building the web... View More

It's possible that you could snap up this trademark. You'll have a better chance if your description of goods or services is different from that of the previous trademark. Also check to see what similar marks are registered, such as "Wear your words," which might prevent you... View More

You have copyright rights in photos and images that you have created, but not necessarily in images of you that others have created. Depending upon what exactly you created, and what the other people have done with those images, you may be entitled to damages for copyright infringement. The new... View More

You may be able to. It will depend on several factors, such as whether your description of services is the same or similar to TJE Logistics' description of services; and whether you or TJE Logistics may be required to disclaim certain words; and what other similar marks are registered or... View More

Every licensed attorney has a legal and ethical duty to keep confidential everything you disclose, unless they let you know in advance that they may have a conflict of interest. Many people consider this to be sufficient to protect your interests. You can also ask the attorney to sign a... View More

If a patent or patent application has been abandoned, then you don't have to worry about infringing it - nothing you do now would infringe. If the abandonment happened recently, you'll want to figure out whether the applicant still has a chance to revive or appeal, and keep an eye on it.... View More

You can probably say supercalifragilisticexpialidocious - it does not appear to be registered to anyone. You probably could even register it.

"Mary Poppings" is more problematic - Disney has the "Mary Poppins" mark registered for some goods and services, and they... View More

Marvel Entertainment is aggressively policing this very quote using trademark law - they have several pending trademark applications using it. Marvel also successfully prevented someone else from registering the mark.

The conservative thing to do would be to forget it, or to ask Marvel... View More

Yes, if you are sure that the short story was published in 1925 or before, then it is safely in the public domain. You are free to copy it, but still should attribute the source.

I agree with the other attorneys' answers. Further...

The upside may turn out to be that you get to keep your job if you sign the IP assignment. It's likely that you have no obligation to sign the assignment, if you don't mind losing your job. In my opinion, they... View More

Yes, it is very likely that the name you want to use, for the same products, would be considered confusingly similar, and thus unregisterable and infringing on the existing trademark.

Safest for you to choose another name ASAP - from what you say, any money you spend on marketing this... View More

You should not sell any products that infringe on valid US patents. Figuring out whether or not the product you want to sell infringes on a given patent is sometimes a tricky thing to figure out.

Though I haven't read the patent you're referring to, I think it unlikely that it... View More

I think you are asking whether, by copying a contract you created, someone is infringing your copyright rights, and if so, how you can stop them or get them to pay you damages.

If your contract is legally considered creative enough to have copyright rights, then the verbatim copying is... View More