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
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
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
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
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
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... View More
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
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
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
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
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
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
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
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
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
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
Do I need a lawyer? I didn't do it.
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
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
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
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.