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Questions Answered by Paul Overhauser
1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Are invention promotion companies reliable and trustworthy?
Paul Overhauser
Paul Overhauser
answered on Mar 23, 2011

This can't be answered in the abstract - some companies are legitimate and some do a very poor job. No. The Patent Office publishes complaints regarding invention promoters and replies from the invention promoters. Questions or complaints can be sent to Mail Stop 24; Director of the U.S.... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Can I write to the Patent Office about my application after it is filed?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

The Patent Office will answer an applicant's inquiries as to the status of the application, and inform you whether your application has been rejected, allowed, or is awaiting action. However, if you have a patent attorney or agent of record in the application file the Office will not... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: If a first person furnishes all of the ideas to make an invention and a second person employs the first person

Or furnishes the money for building and testing the invention, should the patent application be filed by the first and second persons jointly?

Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

No. The application must be signed by the true inventor, and filed with the Patent Office, in the inventor's name. This is the person who furnishes the ideas (e.g. the first person in the above fact pattern), not the employer or the person who furnishes the money.

Paul...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What do the terms "patent pending" and "patent applied for" mean?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

"Patent pending" means you applied for a patent, and the application is still active - it has not been finally rejected, or, issued as a patent. "Patent applied for" is not a commonly used term, but it means that a patent application was filed, even though it could have been... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: I've designed a new logo for my company. Should it be trademarked or copyrighted?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

You may be able to do both, if the logo contains sufficient creative content. Trademark protection would protect against someone else using a confusingly similar logo in thier business, even if they did not "copy" your logo (e.g., they coincidentally designed a logo that is similar).... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: A large company has sued me an other in my industry for patent infringement. We think the patent is bogus. What to do?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

Some patent owners file many individual suits in different jurisdictions against purported infringers, with the hope that they can obtain quick settlements. However, it can potentially be prudent for the various defendants to join forces and have all the various lawsuits consolidated in one court... View More

1 Answer | Asked in Business Law for Indiana on
Q: I deal in mechanical fixtures, and I found a Chinese supplier that is much cheaper,

And make products that look almost identical to the US ones I now sell. Can I get in trouble if I switch to the Chinese supplier?

Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

You should take care that the fixtures do not look so similar to the originals, that consumers are confused. This could lead to a claim for trade dress, or possibly design patent, infringement. These issues are discussed here;... View More

1 Answer | Asked in Business Law for Indiana on
Q: I own a restaurant. Is it OK for me to bring in my TV to show football games in the restaurant?
Paul Overhauser
Paul Overhauser
answered on Mar 21, 2011

This would be risky, and could violate the copyrights of the broadcaster / producer of the football game. Copyright infringement can occur from publicly displaying a copyrighted broadcast without a license. Some broadcasters have contractors they hire to visit bars and restaruants to find... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I've invented a toilet with an automatic exhaust fan that goes on when you sit on it. Is it patentable?
Paul Overhauser
Paul Overhauser
answered on Mar 21, 2011

First, it is not a good idea to disclose your invention in a public forum like this until you have determined whether your invention is patentable. That being said, there is not sufficient information to determine patentability. It would be necessary to learn more information about your invention,... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: One of my employees designed a great logo for my business. Am I safe to use it without paying them extra for it?
Paul Overhauser
Paul Overhauser
answered on Mar 21, 2011

Good question. If the logo is copyrightable, and making the logo was not within the scope of the employee's job, then the employee may own the copyright to the logo, meaning it could not be reproduced without infringing his or her copyright. However, the circumstances are highly fact specific,... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: It is possible for a small business protect a original clothing line from copycat?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

Yes it is. Clothing designs can be protected by copyrights, patents (usually design patents) and by trademarks. There is also new federal legislation under consideration to provide a stronger form of protection for clothing designs, but at the moment, it does not look like it will be passed soon.... View More

1 Answer | Asked in Employment Law for Indiana on
Q: I came up with a great idea and told my employer about it before I quit. Now she's using it. Do I have any rights?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

There is a good chance you have rights, but more facts must be known. In particiular, did you ever sign an agreement with your employer agreeing to assign rights to any inventions to the employer. If not, was your job to "invent" the particualr invention? You should consult with a... View More

2 Answers | Asked in Copyright for Indiana on
Q: I have a great plot for a James Bond novel / movie. Am I safe to write it without getting sued?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

While you could probably write it without getting sued, if you wanted to publish, license, or sell the rights, you would need to get permission from the owner of the James Bond copyrights. At the present time, I believe MGM owns those rights. However, they are in finanical difficulty and may have... View More

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1 Answer | Asked in Intellectual Property for Indiana on
Q: How do I find case results for patent infringement cases in Virginia?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

Try going here: http://dockets.justia.com/ Select Virgina for the jurisdiction and patent (under intellectual property) for the case "Type." This will show you patent cases that have been filed. Then get a PACER account, and look at the docket reports for various cases.

Paul...
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1 Answer | Asked in Intellectual Property for Indiana on
Q: Is it a violation of appropriation of name if i publish a book using a pen name the same as a celebrities true name?

I would think it is, but then again no matter what your pen name is someone with the same name exists, and pen names are very commonly used. My follow up question would be a misspelling of the celebrities name; for example his name is John Doe, could the famous actor John take civil actions against... View More

Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

Yes, you would have potential liability if your book was published under circumstances that led consumers to believe that it came from a celebrity, rather than yourself. This would include misstating the name of a celebrity. If you changed your name to be the same as the celebrity, there could... View More

3 Answers | Asked in Intellectual Property for Indiana on
Q: How can I protect a new recipe I have come up with for barbeque sauce? It is really good.
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

The best way to protect a recipe would, in theory, be through a patent. However, this could be difficult for two reasons. First, "non-obviousness" is required for a patent, and the Patent Office may consider your ingredients to be "obvious," and hence unpatentable. Second, in... View More

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1 Answer | Asked in Intellectual Property for Indiana on
Q: Our free paper wants to use lyrics of songs in an article--is there a fixed number of words to quote copyright free?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

First consider whether the lyrics may be in the public domain, for example, if the song is over 75 years old. Assuming the song is protected by copyright, unfortunately, there is no "objective test" for how many words you can quote. In general, reproducing a copyrighted work for purposes... View More

1 Answer | Asked in Trademark for Indiana on
Q: My website domain name is similar those of several competitive websites. Can I be sued for trademark infringement?
Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

You might be sued if the names are so similar that consumers might be confused by the similarity. A domain name can constitute a trademark or service mark, and domain names can be registered with the Trademark Office. However, depending on where you are located, you may not be subject to the... View More

1 Answer | Asked in Copyright for Indiana on
Q: I am being sued by CP productions for piracy. They are represented by Steele law firm.

Do I need a lawyer? I didn't do it.

Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

Yes, you need an attorney. The laws regarding piracy are very much in favor of the owner of the intellectual property rights. Moreover, in most piracy cases, if you are found liable, you can be obligated to pay the attorneys fees of the IP owner, which can easily run into tens of thousands of... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: Can district court prosecute you for a counterfeit trademark offense?
Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

Yes, a Federal Attonrey can prosecute you for a counterfeit trademark offense per 9 USC 1715: In order to show that a trademark used by the defendant was a "counterfeit mark" the government must prove the following: The mark is spurious. 18 U.S.C. § 2320(d)(1)(a). A mark is... View More

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