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Questions Answered by Paul Overhauser
1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: How much does a patent application cost?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

The cost of a patent application varies widely depending on the invention you seek to protect. A very simple design patent application might cost $500 - $1,000 to get on file. I've done very complex patent applications for telecommunications systems that have cost nearly $30,000. Moreover,... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What are the benefits of filing for a patent?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

In my experience, there are five reasons businesses get patents. First, and most prevalent, is to obtain a monopoly on the patent technology. In other words, a patent owner can prevent others from making, using or selling the patented invention. Second, you can make money by selling or licensing... 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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2 Answers | Asked in Copyright for Indiana on
Q: Do you have to register a copyright to take advantage of copyright law?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

No, you don't have to register a copyright to take advantage of copyright law. For example, you can sell or license a copyrighted work even if you have not registered. However, if you have made an investment in your work, it is a good idea to register it with the Copyright Office. If you... 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: Shouldn't the United States Postal Service be able to sue the Faternal Order of Eagles for copyright infringment?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

I don't think so. I am not aware of any specific eagle logo of the FOE that they have registered and that the USPS has copied.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

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: Can I copyright the name of my band?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

A band name is not copyrightable, but it can be protected by trademark law. You may be ablet to obtain a State or Federal trademark registration on the name, and, a logo for the band's name, if you have one.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

1 Answer | Asked in Intellectual Property for Indiana on
Q: Is it possible to file a trademark request without an attorney?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

Yes, you can, by going to uspto.gov. However, unless you are familiar with the regulations of the Trademark Office, your application may be rejected.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

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 Trademark for Indiana on
Q: What is the difference between a trademark and a service mark?
Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

A trademark is used in connection with products (such as TIDE for laundry detergent), while a servicemark is used in connection with services (such as ROTO-ROOTER fo plumbing services). Some marks can be both a trademark and a service, such as DAIRY QUEEN, which is used for both restaurant... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: I saw an innovatiive machine at a trade show in Germany, and there is nothing like it in the US. Can I get a US patent?
Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

No, you would not be able to obtain a US patent on the same machine, because in the US, a patent can only be issued to the "inventor," and you are not the inventor. However, most patents are not for entire machines, but only improvements to things others have done in the past. If you make... 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 Copyright for Indiana on
Q: How do i copyright my music?
Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

I presume you mean how you register a copyright to your music. You fill out a form and file it with the Copyright Office. The form to use depends on whether your "music" comprises lyrics, a recording, or both. see www.copyright.gov for details. However, if others contributed to the music... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: Can I register a copyright to a diary I found in my grandmother's attic?
Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

Only a "claimant" to a copyright can register it. You are not the "author" so you cannot claim ownership through authorship. However, assuming your grandmother is dead, and your are her sole heir, you may be the copyright owner under the laws where your grandmother died. If this... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: Can I copyright my website?
Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

Assuming you created the website yourself, yes, you can copyright a website by using Copyright application form TX or by filing on-line. However, most business websites are created by website development companies. Unless they assign the copyrights in the website to you, they own it not you. Also,... View More

2 Answers | Asked in Copyright for Indiana on
Q: Can I get a star named after me and claim copyright to it?
Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

No. There is a lot of misunderstanding about this. Names are not protected by copyright. Publishers of publications such as a star registry may register a claim to copyright in the text of the volume [or book] containing the names the registry has assigned to stars, and perhaps the compilation of... View More

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