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Questions Answered by Floyd Edwin Ivey
2 Answers | Asked in Trademark for New York on
Q: Can I pickup thus trademark if it’s dead
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 26, 2020

It may show as dead because of a error in the calendar. A trademark attorney will have to review the history of the mark for information suggestive of your use as a good or a bad idea. You may be infringing if the renewal failure was an oversight.

See an attorney.

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2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Trademark certificate has Disclaimer what does it mean?

Trademark certificate states:

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE THE FOLLOWING APART FROM THE MARK AS SHOWN: “beautifying skin solutions”

What does this mean?

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 26, 2020

That means you can't stop others from using the generic words except when selling the goods you sell when using the same or similar trademark phrase.

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3 Answers | Asked in Intellectual Property and Trademark on
Q: The one word title for my intended novel is the same as a published U.S. 4 book series. Could I be infringing trademark?

A few points:

• The series is completely different regards genre/style/look.

• I couldn't find the trademark registered on TESS or it’s UK equivalent (I’m British).

• The series doesn't appear to be well-known. The last book in the series was published... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 25, 2020

Titles are not protected.

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3 Answers | Asked in Entertainment / Sports, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a LLC for 'clothing'. Do I need an additional LLC to trademark the same name for 'Entertainment' purposes?

Do I need two separate LLC's. When filing trademark should it be under the LLC or me as individual?

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 25, 2020

Your existing LLC can provide goods and services in more than one classification. The application regarding entertainment can be made on behalf of the existing LLC. Contact an attorney who is aware of Trademark law.

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3 Answers | Asked in Contracts for New York on
Q: In NYC, Signed agreement with a company without reading everything. Owner info they wrote is incorrect. Can we void?

I signed an agreement on behalf of my company, he put down my info as 100% ownership, my date of birth incorrect, my title as owner, which is all incorrect. I didn't look it over. They wrote in an early termination fee after I signed everything so it was not stated before I signed. We want to... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 23, 2020

Were there witnesses other than "they" that the termination fee was included after you signed? If so then the potential for breach is increased as a factor allowing you to withdraw. The matters of dates, titles may be corrected as an administrative act.

It is presumed that a...
Read more »

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3 Answers | Asked in Trademark for California on
Q: Hi. I would like to use the name feasty? Am I allowed to use it?
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 23, 2020

Is "feasty" a made up word? Your use in commerce to identify the source of goods or services is use as a trademark. If you want nation wide protection then contact an attorney with Trademark experience who can file an application. Cost including the Federal Trademark Office filing fee... Read more »

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3 Answers | Asked in Patents (Intellectual Property) for California on
Q: hello, would you help me understand this abstract?

A method for interpreting user submitted coupon images is described. A coupon image is received over a network from a user. The coupon image is associated with a coupon. A server system processes the received coupon image to identify one or more coupon matching characteristics. The one or more... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 23, 2020

Go to Google Patents and read the entire patent.

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3 Answers | Asked in Trademark on
Q: If I register a trademark with a similar name and similar goods and services will it get rejected?

Hello, I have a domain name and want to register a trademark for this name.

Looking through the US trademark search system, I see a live trademark with a name which could be considered word play on my name.

The goods and services is listed as:

IC 009. US 021 023 026 036... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 22, 2020

The opening statement re: similar in sight or sound for similar goods and or services is the definition of infringement. The similar name for computer program products is likely to confuse consumers - they think, "Which company provided the computer assistance we got last time?"... Read more »

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3 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: If an invention company gets a patent on a potential clients idea. Does the client have any legal rights for the idea?
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 22, 2020

Patents do not protect ideas. Patents protect new structures that do something. In food processing of onions there are several patents for machines, which are structures, which cut the tops and roots from onions to prepare them for processing. Each machine has different structue and each are... Read more »

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4 Answers | Asked in Patents (Intellectual Property) on
Q: What makes the length of the patent protection too short?

The approval date for a drug named BIKTARVY is 02/07/2018 and the date of the first-expiring patent is 11/04/2020. Meaning the amount of time between the approval date of the drug and the date of the first-expiring patent is 2 years, 8 months and 29 days. Why would it be too short and not a length... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 21, 2020

The term for a patent currently is 20 years from the date of filing.

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4 Answers | Asked in Trademark for Texas on
Q: I just found out the name that I've been using for years is trademarked already, but is spelled different. Can I still

Can I still trademark and use the name even though the spelling is different? Another thing the logos are totally different.

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 19, 2020

Infringement is similarity in sight or sound for similar goods or services. Many factors exist - when did you first use - are the goods / services similar - where is the opposing using the mark - how do you use the mark?

You will have to see counsel who will have to see all...
Read more »

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3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Texas on
Q: How can I go about researching to confirm my new idea doesn't copy someone else's patent.
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 19, 2020

Patents are for new structures which do something. It is the structure!! And it is a structural difference which does the same or a similar function which allows the issurance of a patent.

The word patent regarding inventions has a meaning similar to the meaning of the word...
Read more »

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2 Answers | Asked in Copyright and Business Law for Michigan on
Q: Does Huntington's trademarked "welcome" prohibit if I say "Welcome to Crossnik Media" in a single advertisement?

I have a business called Crossnik Media. We are getting ready to run an introductory ad with the goal of getting some brand recognition for our new local business in Midland, MI. At the end, we say "Welcome to Crossnik Media", because throughout the ad, we're explaining our... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 19, 2020

Issues may arise if your goods and or services are similar to those of the goods and or services of another business using WELCOME. Otherwise likely not. However you should be advised by Trademark Counsel.

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2 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: the title of my business is the same as another well established company’s product

how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 19, 2020

You can search for Federally Registered Trademarks at "USPTO.GOV" by selecting Trademark and searching the mark. Your comment "it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented" is answered as follows: The mark, as presented,... Read more »

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3 Answers | Asked in Copyright, Business Law and Trademark for Texas on
Q: Can I send a cease and desist to someone who has a name similar to my company's even though my trademark is live

My trademark application is live and pending yet I recently realized someone with a similar name like mine, they just changed the last letter on the word, so instead of Y they replaced it with an E. So can I send a cease and desist even though my application is pending yet live? The other company... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 18, 2020

The use of a mark which is similar in sight and sound used for similar goods and or services is infringement. Is the other mark used for sale of similar goods and or services?

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2 Answers | Asked in Copyright for Minnesota on
Q: Does quoting a source for a history book infringe on its copyright?

I am writing a book on Native American battlefields in the Midwest. Some of my source books have statements such as “No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise,... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 18, 2020

It may be "fair use". However, certainty of not having a conflict can be. by getting permission.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Can dapper be registered as a trademark since there currently late code 602 I think. Mine would be Dapper with no period
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 18, 2020

The suggestion is that a TM of "dapper" has expired. the expiration may be an oversight, the mark may still be in use and your use may infringe. Also, is the use of "dapper" with the same or similar goods or services as you propose to use? See an attorney having Trademark Law experience.

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2 Answers | Asked in Copyright and Trademark for Washington on
Q: Can I put anime designs on t shirts and sell them with the anime title in the name?

I'm trying to design some t shirts based off of anime. However, they are simply inspired by the anime. For example, its not an entire picture of naruto or anything, but like a blue swirl and some yellow and orange lines for naruto. I don't think the designs infringe on any copyright and I... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 17, 2020

Re: Copyright, your phrases :"...based off or anime..", "..simply inspiredly the anime...", "I don't think the designs infringe..." , "...I am the one creating..." may show willfulness and are troublesome regarding Copyright Infringement. It may be... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: I have rented the same house for 7 years. We just signed a lease ending sept 2021. It just came to our attention that

the house is deed restricted and therefor the landlord is in violation of the deed restriction by renting the house out. He is putting pressure on us to buy and we are looking into it, but he says if we don't soon he will put the house on the market and we are going to have to move out. Is... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

Probably true. But you will need an attorney if you contest. Its a cost benefit analysis. To purchase, contest or move - those are the questions. If contest then see an attorney in the county where the property is located.

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