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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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?
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 »
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...Read more »
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.
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 »
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 »
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?
The company publishing/editing my book states I need an international copyright and they are trying to sell me one for $1,100 for a lifetime copyright. I have registered and submitted my book to the US Copyright Office with a receipt as follows:
Yes, it sounds like an upsell. Most US authors only register in the US. Are there certain countries where you intend to market your book, and you are particularly concerned that you might have a large audience there, and it might be extensively copied there? If not, tell your publisher no thank...Read more »
I am looking at accepting employment for software development at a company that has a intellectual property clause. stating "Any invention, discovery, development, concept, idea, process or work related to our Company’s business no matter what form it takes, whether or not it can be patented... Read more »
If this is important to you, then you should discuss the specifics with the company before you accept employment and sign any paperwork. Perhaps they will waive their rights in your project. If you start to work for them without an agreement about this prior project, then it could turn into a...Read more »
In order to get an answer to this question, you'll need to have a confidential consultation with an intellectual property attorney, so that you can describe what you mean. Your innovation/idea may be protectable by patent, copyright, contract or other types of law, or it may not be legally...Read more »
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