Drawings included in a published patent application are in the public domain, under long standing US law. In the unlikely event that a copyright notice is included on the patent drawing in the patent application, you should look twice. But, in most cases you can do whatever you want with...Read more »
The original paintings by John James Audubon are old enough that they are in the public domain. Any other photos or paintings or drawings, however, which may be available through the Audubon Society, may not be in the public domain.
I have an app that lists information about menu items from a coffee chain with over 400 store locations in the US. Specifically it lists the officially recognized name of the drink that you can order, what flavors are in it, a brief description, and the various ways you can order it (americano,... Read more »
Sounds like you're on the right side. If you're being clear to your readers and app users that you are not this coffee chain, and that they don't endorse you, and you're not selling coffee, then you're not violating their trademark. You are allowed to talk about...Read more »
Without knowing more, I'd say that it is unlikely but possible. If your invention doesn't change and improve an existing thing, then you'd only be looking at patenting a method to do something useful or to make something. If the method of using the existing thing is new, useful and...Read more »
Hi, student from Michigan. I'm considering starting a nonprofit project where we rewrite published free, publicly accessible scientific articles in simple language and re-publish them on the Web through our own website (freely available of course). I was wondering whether this counts as fair... Read more »
Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in...Read more »
We customized the logo (colors, and words) and the other company just used the stock logo without customizing it from the free site and are trying to send us a letter in the mail from a lawyer saying we have two months to change our logo. We purchased it and have the rights to use for our business... Read more »
Well, it depends. If this other company has registered a trademark for the logo for the same or similar goods or services that you are using your similar logo for, such that consumers would be confused between the logos, then you've got a problem. On the other hand, if the other company...Read more »
You can learn more about filing a provisional patent application at uspto.gov - there are many resources for inventors there. If you wish to do this yourself, you can use efs-web as an unregistered e-filer. Your documents should be in pdf format. Look into the requirements for micro or small...Read more »
Hi, I am a design engineer and 30% shareholder of a medical corporation and manufacturing engineer and 100% owner of a second corporation exclusively working for the first one. The two company are working under the same roof last 20 years. I would like... Read more »
The first thing to figure out is whether you have ever signed an invention assignment or other written agreement to assign your intellectual property rights to one of these companies. If so, those documents would give you the answer.
If not, California state law will govern, and it may...Read more »
I want to start an HVAC repair business. I have a common last name in my area of the country (US), and I want to name the business using my last name. For the purposes of this post I'll use the pseudonym "Smith" - so I want to name my HVAC business "Smith Air Conditioning &... Read more »
Since your name is common, and you're naming your business a generic/descriptive name which describes exactly what you'll be doing, you probably won't have a trademark problem. Usually other people can't stop you from using your own name for your business. Best to search the...Read more »
If a granted patent describes the same method that you want to use, then the inventor can prevent you from using that process without their permission. If a patent application has not yet been granted, then the inventor does not yet have the right to stop you. However, if the patent is granted...Read more »
The scene is not unique, just two people sitting and talking. But overall a viewer can obviously get the idea of where the inspiration came from, since that movie is well known (though over 20 years old by now). The text is changed, but still about 50% of the words are the same (and in same order).... Read more »
From your description, what you want to do is a derivative work, and thus it is copyright infringement. You do have a fair use argument, but as you suspect, using your derivative work as advertising weighs against you in a fair use analysis. Safest thing to do is to get permission from the...Read more »
I have an ecomerce platform and recently got an email about the use of a copyrighted image from a company called pixsy. I was unaware that the image was copyrighted and immediately removed it but after re-reading their message removal is not enough. They require payment to the... Read more »
There's a good chance that they are right - you should not ignore this. If they end up filing a lawsuit against you, REALLY don't ignore it. You may wish to talk to your own lawyer now to get a better idea of how strong their case is, or you could just try to negotiate them down to a...Read more »
I am creating a continuing education program and certification for strength and conditioning coaches and rehabilitation professionals on training and rehab of the throwing athlete. I would like to show video analysis of voiceover style videos featuring professional pitchers to demonstrate proper... Read more »
You should get permission from the copyright holder of the video - could be the videographer or their employer, or ESPN... In my opinion what you are describing would not pass a fair use test. You might also need permission from the athlete in the video, depending on state law.
You can look up a trademark owner's contact information at tsdr.uspto.gov. You can then contact the trademark owner, and make your offer. You may want to seek business and legal advice to make sure you offer an appropriate price, and to make sure the trademark is assigned to you properly...Read more »
I'm so sorry for your loss. In addition to patent law considerations, to figure all of this out you would also need to consult with an attorney in the state that has jurisdiction over your husband's death (California?) Patent rights may pass to you (or someone else) based on your...Read more »
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