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Questions Answered by Kathryn Perales
1 Answer | Asked in Contracts and Intellectual Property for Texas on
Q: This patent was invented by my father. He is deceased. What happens to the patent?

His old job “Circuit Image Systems” is shown on the patent but they seem to be closed. John Leon is co inventor and I cannot find him.

Kathryn Perales
Kathryn Perales answered on Sep 29, 2021

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.

1 Answer | Asked in Patents (Intellectual Property) on
Q: It is possible to draw all angles from 0 to 360 ( all angles , rational and irrational) without using protector exact.

I have discovered new mathematical theory and I want to patent it. ( about this question) . I can draw all angles from 0 to 360 degrees without using protector and exact .

Kathryn Perales
Kathryn Perales answered on May 6, 2021

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...
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1 Answer | Asked in Copyright for California on
Q: Can I sell create and sell an audio book of a recently published book under the fair use of Copyright Act.

I sell my own original works on TeachersPayTeachers.com that teachers from all states buy (but I currently live in California).

My questions are the following:

1. Books on the current middle school grade level reading lists are published within the last 5 years or so. Am I allowed... Read more »

Kathryn Perales
Kathryn Perales answered on May 5, 2021

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.... Read more »

1 Answer | Asked in Trademark on
Q: I own Trademark Serial Number 85953493: Hanuman But it seems abandon now .what should i do to continue own this ?

Trademark Serial Number 85953493: Hanuman

Kathryn Perales
Kathryn Perales answered on Mar 12, 2021

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... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: This is in regards to copyrighting an online image.

I own a small pressure washing buisness and I found a before and after picture of a house wash online. The image shows a house on the left side as dirty and then on the right side the same house but it’s clean after a washing. It’s a picture I used for my website and my postcards that I put on... Read more »

Kathryn Perales
Kathryn Perales answered on Mar 12, 2021

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... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: If an app is out in the playstore etc and I have the same idea for my app, Can I still Patent it?
Kathryn Perales
Kathryn Perales answered on Mar 12, 2021

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.

4 Answers | Asked in Copyright and Trademark for West Virginia on
Q: Received a refusal of Trademark due to 'likelihood of confusion with other mark". Can we fight this response?

We requested a trademark last year and received a refusal because our name has a similar acronym "BRI" with a company in Texas. There were other issues with class but seem to be minor at best. Trying to find out if we should attempt to respond to this issue or abandon the request.

Kathryn Perales
Kathryn Perales answered on Mar 12, 2021

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... Read more »

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1 Answer | Asked in Copyright and Internet Law on
Q: I'm a web designer, If client emails me that he has permission to use copyright images, and ends he does not, am I safe?

So if the client lies to me in the email, and the copyright owner comes after the website for copyright infringement, will my client's email stating he has permission cover me from being sued?

Kathryn Perales
Kathryn Perales answered on Mar 8, 2021

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...
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1 Answer | Asked in Trademark for Massachusetts on
Q: Hi I want to use the Trademark Wear the Word its showing dead or abandoned since 2017 can i use this name
Kathryn Perales
Kathryn Perales answered on Mar 5, 2021

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... Read more »

2 Answers | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Maryland on
Q: Can I receive settlements from businesses?

I am a freelance model , I post most of my work on my social media accounts and run that as my business page as well . For years small brands and large cooperations use and manipulate my images into business logos , promotional marketing and evening jewelry and interior design products . Can I... Read more »

Kathryn Perales
Kathryn Perales answered on Mar 5, 2021

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... Read more »

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1 Answer | Asked in Trademark on
Q: If for example "TJE Logistics" is Active Trademark is US, can I go with "TJE System"?
Kathryn Perales
Kathryn Perales answered on Feb 24, 2021

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... Read more »

2 Answers | Asked in Intellectual Property and Trademark for Kansas on
Q: When I consult with an attorney that specializes in patents, trademarks, etc . Do I need to protect my idea in advance?

I have rough prototype for an invention , i’ve done a rough patent search. I just want to protect my idea as best as possible. And maybe advice on my next steps .

Kathryn Perales
Kathryn Perales answered on Feb 24, 2021

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... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: When filing a Provisional Patent Application or Patent and the application builds on or supersedes a patent that has

lapsed due to non-payment of fees or failure to respond to the patent office, does the new filing have to answer claims made by previous, lapsed patents? Is the new filing beholding to the lapsed patents in any way?

Kathryn Perales
Kathryn Perales answered on Feb 18, 2021

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.... Read more »

1 Answer | Asked in Copyright and Business Law for Indiana on
Q: Can the word supercalifragilisticexpialidocious be used as part of my logo.

Can I say Mary Poppings. Where everything is supercalifragilisticexpialidocious.

Kathryn Perales
Kathryn Perales answered on Jan 28, 2021

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...
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2 Answers | Asked in Trademark for Texas on
Q: Could I sell something that I make that says “I am Groot.” Or would this be against trademark law
Kathryn Perales
Kathryn Perales answered on Jan 28, 2021

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...
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2 Answers | Asked in Copyright for Ohio on
Q: Is a short story from 1920 now in the public domain?

I would like to reprint in a book I am writing a story story that has its first publication date November 26, 1920. The author passed away in 1923. Can I print a copy of this short story in my book without permission and therefore not be subject to any legal repercussions? Thank you.

Kathryn Perales
Kathryn Perales answered on Jan 26, 2021

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.

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3 Answers | Asked in Intellectual Property for Ohio on
Q: What is the status of applications and databases developed without an intellectual property assignment agreement?

I have been working for the same company for the past 17 years. Over that time I have developed several applications and databases to make both my and my coworkers jobs easier. These systems were mostly done without direction from management, who took a hands off approach to development, though a... Read more »

Kathryn Perales
Kathryn Perales answered on Dec 22, 2020

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...
Read more »

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4 Answers | Asked in Trademark for Oregon on
Q: There's a company called "xtrafun kid products", if I create a company called "extrafun" am I infringing ?

Actually, there's a trademark on "xtrafun kid products". So if I create a company called extrafun, is this bad?

how close does it have to be ? Will people be confused by the spelling differences, and is that sufficient ? Both companies are in the same product space

Kathryn Perales
Kathryn Perales answered on Dec 21, 2020

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...
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1 Answer | Asked in Patents (Intellectual Property) and Products Liability for Washington on
Q: So I am starting a drop shipping company and have found various products infringing on patents on Amazon. Is this ok?

I am wanting to sell a glow in the dark dog leash but there is a patent, however I have found various ones on Amazon infringing on the patent because they are not the same product just extremely similar so can I sale the leash myself?

Kathryn Perales
Kathryn Perales answered on Dec 21, 2020

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...
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2 Answers | Asked in Contracts, Intellectual Property and Education Law for Texas on
Q: If someone retypes my contract, different font same words then signs, is this legal and his property, not mine?

Have determined this is not a print program in my issue. I haven't signed it yet. Misrepresentation of fact? An attp to defraud me by his creation of intellectual property?

Kathryn Perales
Kathryn Perales answered on Dec 14, 2020

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...
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