A "respondent" is a party to a lawsuit that is expected to respond to a filing, usually a petition. The person filing the petition is called the "petitioner." A petitioner is similar to a plaintiff, and a respondent is similar to a defendant.

Paul Overhauser

317 891-1500

www.overhauser.com

Not usually. You can always be sued in the jurisdiction where you are located. However, in general, you will only be liable for in other states if you cause harm in the other state. This issues is discussed here:... View More

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

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

Potentially. You may have a claim against the parent for negligent supervision. In pursuing a claim it will be important to know if the renter has assets or insurance.

Paul Overhauser

www.overhauser.com

317-891-1500

No, the "right of publicity" varies considerably from State to state, so check with an attorney in your state. Indiana is viewed as having the most favorabel "right of publicty" statute anywhere in the country, as discussed here:... View More

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

In Indiana and many other states, if you have a claim against the State, you can not file a suit until you first give the State notice of the claim, and allow a certain time period to elapse.

The form to use in Indiana is here: http://www.in.gov/indot/files/tort_claim.pdf

The Indiana... View More

According to the Lanham Act,a “famous” mark under the Lanham Act is:

(2) Definitions

(A) For purposes of paragraph (1), a mark is famous if it is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the... View More

A patent applicant has an obligation under 37 CFR 56 to disclose to the Patent Office information that is "material" to the patentability of the patent application. If the applicant withholds or misrepresents information when dealing with the Patent Office, a court, in a later... View More

Schenk v. US is a famouns case, reported at 249 U.S. 47. However, becuase the case is very old, Decided March 3, 1919, they did not publish the attonreys names in the opinions like they do now.

You can read the opinion here: http://supreme.justia.com/us/249/47/case.html

Paul... View More

In Indiana, defamation is considered a personal injury, so it is subject to a two year statute of limitations. There can be some exceptions, such as if the defamed person is a minor.

Paul Overhauser

www.overhauser.com

317 891-1500

The registration does not become invalid, although unless you intend to continue using trademark, you could be deemed to have "abandoned" the trademark, making it unenforcable. A Federally registered trademark is presumed to be abandonded if it is not used for three years. Specifically,... View More

Your best bet would be to contact a second attorney to get a second opinion.

Paul Overhauser

www.overhauser.com

317 891-1500

Why 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

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

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

A "provisional" patent application is not a "real" patent application in the sense that it will not result in the issuance of a patent. However, it establishes a date of invention. You then have 12 months to file a "non-provisional" patent application which claims... View More

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... View More

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