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3 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: How do I get a patent?
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

To get a patent, you need to file a "non-provisional" patent application. While legally, you are not required to use a patent attorney to file for a patent, the patent regulations are very complex, and most businesses and individuals use a patent attorney. More information about the... View More

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2 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: Are patents good in other countries?
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

You must file for patent protection in each individual country in which you want protection. Usually companies select which countries to seek patents in based on where the biggest markets for the invention are located. The costs for patent protection varies considerably from one country to the... View More

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2 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: How long does a patent last?
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

The term of a patent depends on the country that issued the patent, on the type of patent, and on whether "maintenance fees" have been paid. In the US, a "utility" patent lasts 20 years from the date of the first patent application giving rise to the patent. However, the... View More

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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 Dec 20, 2010

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... View More

2 Answers | Asked in Intellectual Property for California 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... View More

Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

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

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3 Answers | Asked in Copyright for Illinois on
Q: How do i copyright my music?
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

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... View More

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1 Answer | Asked in Copyright for Missouri on
Q: I am being sued by CP productions for piracy. They are repersented by Steele law firm. Do I need a lawyer? I didnt do it
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

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 New York 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? thx
Paul Overhauser
Paul Overhauser
answered on Dec 17, 2010

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... View More

1 Answer | Asked in Intellectual Property for Virginia on
Q: How do I find case results for patent infrigement cases in Virginia?
Paul Overhauser
Paul Overhauser
answered on Dec 17, 2010

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...
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2 Answers | Asked in Intellectual Property for Washington on
Q: Can I register a copyright to a diary I found in my grandmother's attic?
Paul Overhauser
Paul Overhauser
answered on Dec 17, 2010

Only a "claimant" to a copyright can register it. You are not the "author" you so you can not 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.... View More

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1 Answer | Asked in Intellectual Property for Kansas on
Q: Do i have any commercial rights over my own photographs?
Paul Overhauser
Paul Overhauser
answered on Dec 15, 2010

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

2 Answers | Asked in Intellectual Property for Florida 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 Dec 15, 2010

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.

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2 Answers | Asked in Intellectual Property for Missouri on
Q: Is it possible to file a trademark request without an attorney?
Paul Overhauser
Paul Overhauser
answered on Dec 15, 2010

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

317 891-1500

www.overhauser.com

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2 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 Dec 15, 2010

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

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2 Answers | Asked in Intellectual Property for Indiana on
Q: Can I copyright the name of my band?
Paul Overhauser
Paul Overhauser
answered on Dec 14, 2010

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.overhauser.com

317 891-1500

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2 Answers | Asked in Trademark for Indiana on
Q: What is the difference between a trademark and a service mark?
Paul Overhauser
Paul Overhauser
answered on Dec 14, 2010

A trademark is used in connection with products (such as TIDE for laundry detergent), while a servicemark is used in connection 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 services,... View More

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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 Dec 14, 2010

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

2 Answers | 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 Dec 14, 2010

No, you would not be able to obtain a US patent on the same machine, becuase 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... View More

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1 Answer | Asked in Business Law for Texas on
Q: If I were to start small party business selling replica purses that had the tradmark of real brand . Would I go to jail?

I am not sure about this but have heard all sorts of rumors. I am looking into starting a party business going to others homes and having a party where I sell purses, etc. Some of the purses about 20 will be replicas (knock offs) and would have the trademark of name brand the other 40 purses of my... View More

Paul Overhauser
Paul Overhauser
answered on Dec 11, 2010

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 infriger knowlgy takes advantage of the trademark, bandname, and goodwill of a firm to deliverately... View More

1 Answer | Asked in Constitutional Law for Indiana on
Q: What affect will Bartnicki v. Vopper have on the Wikileaks situation?
Paul Overhauser
Paul Overhauser
answered on Dec 11, 2010

Bartnicki v. Vopper, 532 U.S. 514 (2001), will likely immunize the US media outlets from US liability for disclosing or discussing the leaked Wikileaks documents. The case is from the United States Supreme Court, and relieved a media defendant of liability for broadcasting a taped conversation of... View More

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