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

Criminal penalties are applicable in severe trademark infringement cases involving counterfeiting of products. Counterfeiting is considered to be an extreme form of trademark infrigmement since the infringer knowingly takes advantage of the trademark, brandname, and goodwill of a firm to... View More

It depends on what you mean by your "own" photographs. If these are photos you took, yes, you probably own copyrights to them. If someone else took picture of you, they would own the rights to them. However, you may also have a "right of publicity," which would give you the... View More

You could be liable, as there is no "intent" requirement to be liable for copyright infringement. However, your exposure could be reduced if you are determined to have been an "innocent infringer."

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

If there is actual or likely confusion caused by the similar name, you probably have rights that can be enforced. Both state law and the Federal Lanham Act allow claims for infringement of trademarks, even if there is no state or federal trademark registration. You should consult a trademark... View More

A registration is effective as of the date the application is received by the Copyright Office. However, the registration certificate takes a while to receive. If you pay for "special handling," a registration usually takes about a week. If you file an application electronically, it takes... View More

Third World has filed 5 cases. The first two are concluded, and the last three are still pending: 1 Third World Media, LLC (cd) cacdce 2:2009-cv-01603 820 03/06/2009 10/28/2009 2 Third World Media, LLC (pla) cacdce 2:2009-cv-01603 820 03/06/2009 10/28/2009 3 Third World Media, LLC (pla) cacdce... View More

There is no requirement that you hire a trademark lawyer. However, some reasons you might want to hire one are: (a) to ensure that a trademark is what you really need (many people confuse a trademark with a copyright or patent); (b) to conduct a search to ensure your mark is not infringing someone... View More

It depends on exactly "what" was sold, and on what is claimed in the patent. However, assuming what was sold is the thing covered by the patent, you have probably missed the deadline to get a patent in most foreign countries. Most do not have a 12-month "grace period" for... View More

No, you do not need a lawyer to file for a patent. The US Patent Office website lists the requirements for a patent application here: http://www.uspto.gov/patents/resources/types/utility.jsp However, it is a good idea to use an lawyer if you have not been through the patent process before. Most lay... View More

Yes, these agreements are often enforced. However, depending on the state you are in, obtaining monetary damages may be easier than getting an injunction.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

If your book copies copyrightable elements of the Twilight book, technically, writing your own book would probably be copyright infringement. However, as a practical matter, it is unlikely that the owner of the copyrights in the Twilight book would complain. Independent authors write proposed... View More

Assuming you never signed an agreement with WalMart stating that you would assign inventions to them, it is very unlikely that WalMart has a claim on your invention. Except in instances where there is an agreement, or a particular employee was ""hired to invent,"" the employee,... View More

The safest answer is that if you pay the copyright holder, you will have a license and will not be subject to being sued by the copyright owner. The bloggers could be at risk of being sued. However, there is a a great deal of public domain material on the internet that you can use free of charge.... View More

It depends on several factors, such as whether you filed for a patent, whether it may still be possible for you to do so, and whether the company you called agreed to keep the invention confidential. There may also be other relevant facts. You should contact an intellectual property attorney to... View More

For the patent application, unless the application is abandoned within 18 months, or unless it was filed with a Non-publication Request (which would limit your ability to file for foreign patents) your application will be published. Similarly, unless you with withdraw your copyright application,... View More

No. When you register a claim to copyright in a work with the Copyright Office, you create a public record of your claim to copyright. This record cannot be removed from the public record once it has been entered. All information you provide on your copyright registration will be available to the... View More

The best way is to always include contact information on copies of your work that you distributed, such as your name, phone number, and website URL, if you have one. Also, be sure to register your copyright. The registrations are searchable, and you would be listed as the owner. If you do this,... View More

The Copyright office maintain an web-searchable database of copyright registrations, which you can access here: http://www.copyright.gov/records/

Paul Overhauser

317 891-1500

www.overhauser.com

"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