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Questions Answered by Bernard Samuel Klosowski
1 Answer | Asked in Intellectual Property for Alabama on
Q: Is this Infringement

I own the registered trademark "God's Country" for use on goods and services/clothing. Is it infringement if someone uses "This is God's Country" on a thsirt.?

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Oct 14, 2020

Yes, possibly. But there are multiple factors that a court must weigh to determine trademark infringement.

The two main factors are the mark itself and its underlying goods/services. In your example, "God's Country" is the "dominant" or key phrase, which is...
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1 Answer | Asked in Copyright and Intellectual Property for Nebraska on
Q: If I make a podcast where I review books and highlight their essential details, am I committing infringement?

I plan to give credit to the author and don’t plan on quoting the book directly. I’m just wondering if I’m crossing a line between doing a “book review” and committing infringement

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Oct 13, 2020

What's described sounds like "Fair Use" under Section 107 of the Copyright Act; e.g., criticism, comment, news reporting, teaching, scholarship, and research are forms of freedom of expression and are likely fair use.

Of course, "fair use" is simply a defense to a...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: good day.referring to the patent at this link:https://patents.justia.com/patent/8381623this is my patent from 2008

I offered to sell the patent to Fiskars in early 2009, after a long distance call they went quiet on me.

I just discovered that they went ahead and claimed the patent for themselves. My patent was published in a journal in South Africa shortly after South africa joined the international... Read more »

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Oct 12, 2020

You will need to retain a U.S. patent attorney to sit down with all pertinent documents to fully assess the situation, including but not limited to reviewing the "prosecution history" of the Fiskars patent (does it cite your SA patent?). The claims of the patent are key - if the claims... Read more »

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1 Answer | Asked in Copyright for Virginia on
Q: What happens when I'm sued in PA federal court for image copyright infringement but haven't lived in state since 2014?

I just moved to VA on Oct. 1, 2020 after living in MD for six years. Alleged infringements (I have EXCEPTIONALLY STRONG FAIR USE claim) came after I left PA. There are 225,000 fashion industry and cultural images on my website, and I've had zero problems in 13 years. I'm being sued... Read more »

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Oct 10, 2020

You need to consult a litigation firm. There are many variables in this scenario that must be considered to determine a prudent course of action, including but not limited to: are the allegedly infringed images federally registered? were they registered AFTER first publication? can/should the two... Read more »

1 Answer | Asked in Copyright on
Q: Where can I find a Patent attorney in or near Cookeville, Tn 38506
Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Oct 8, 2020

My law partner Peter Brewer is in Knoxville. https://thrive-ip.com/attorneys/peter-l-brewer-j-d-patent-attorney-knoxville-tn/

I personally have clients all over the the world and throughout the United States. Being in the same physical area, perhaps for convenience of in-person meetings,...
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3 Answers | Asked in Copyright and Trademark for Ohio on
Q: Can i take an abandoned trademarj
Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Oct 5, 2020

I agree with my colleague, Mr. Billick. Furthermore, it's possible that the original trademark owner can attempt to revive an abandoned federal trademark application (if that's the case here) under certain circumstances.

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2 Answers | Asked in Trademark on
Q: Can a name be trademarked if it includes a part of a trademarked phrase?

The phrase "Car and Coffee" as well as "Cars & Coffee" are both trademarked as well as several other associated names that include locations. Can the name of our local Cars and Coffee be trademarked? "City Name" Cars and Coffee.

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 30, 2020

By "trademarked," I assume that you mean "registered," either state or federally. A trademark is not the same thing as a trademark registration ...kind of like a house compared to a deed to the house.

Adding a word or a design element to a registered mark usually...
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2 Answers | Asked in Intellectual Property for North Carolina on
Q: Can I file a copyright claim??

I have social media page with almost a million followers. I make collages of people to show how they can change. There another page reuploading everything from my page and putting it on his without giving credit. I have the persons permission in each post to use their pictures. Since I created... Read more »

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 28, 2020

A copyright attorney would have to assess your specific situation and facts to determine your rights and potential options.

Assuming for the sake of discussion that you own the copyright in the pictures/collages, in order to file a federal copyright infringement lawsuit to seek an...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: What is the difference between inventor and assignee in terms of rights with a patent
Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 17, 2020

Ownership.

The inventor is the original "owner" of the patent application/patent unless or until the inventor "assigns" (sells, gives, etc.) his or her rights in the patent to an assignee. Except for some unusual situations, the inventor listed on a patent never...
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1 Answer | Asked in Copyright and Civil Litigation for California on
Q: Discovery Issues

I am a pro per litigant. Opposing counsel will not provide address/ phone # of former employees of company being sued? He claims harassment. He did not provide that info in Initial Disclosure. Can I compel?

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 16, 2020

Maybe, if the information reasonably related to the claims or defenses in the case.

Presumably - because this is posted under "copyright" - this question has to do with a federal lawsuit. If so, discovery is governed by the Federal Rules of Civil Procedure (FRCP), Rules 26-37....
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2 Answers | Asked in Business Law and Trademark for Florida on
Q: I need to get a lawyer to assist my Veteran's NonProfit 501c3 to trademark/stripe something something

We want to trademark/stripe "Got Your Six"

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 15, 2020

There appear to be some federal registrations and pending applications for the same or similar mark that you have in mind. Among other things, your goods or services are one factor that a trademark attorney can discuss with you to help determine if your mark is "registerable," and even if... Read more »

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1 Answer | Asked in Copyright and Trademark on
Q: Can trademarks in website URL's be disputed?

For example, if someone trademarks "Essential Hunting Gear" would the website "Essential Hunting Gear Warehouse" be violating the trademark? Specifically if the verbiage on the website was Essential Hunting Warehouse

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 8, 2020

Possibly.

First of all, trademarks and trademark registrations are different - kind of like a car and the title to the car. This will determine the strength, scope and reach of the senior user's rights.

In this instance, if the other party owns and uses EHG as a...
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3 Answers | Asked in Intellectual Property and Trademark for Arizona on
Q: I was contacted by someone who says they own the trademark to a brand that I have been using since 2008. They filed 2015

How can I go after them to reverse the Trademark?

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 6, 2020

First, a point of clarification - a trademark and a trademark registration are not the same thing... they're kind of like a car and its title, or a house and its deed.

If you've been commercially using your mark since 2008 without a federal trademark registration, you have what...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Are the drawings in a patent also public domain when a patent is expired, or is there a copyright attached limiting use?

I'd like to print and sell drawings from expired patents as art pieces. Is this legal?

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 4, 2020

There are cases which suggest that patent drawings are protected under copyright law, but as part of the "patent bargain" the public has an implied license to use the contents of a patent to make or use the invention. Theoretically, a patent owner could try to use copyright law to stop... Read more »

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1 Answer | Asked in Trademark for Arizona on
Q: if i am producing a product that uses another product, do I have to get the permission from the product I am using ?
Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 27, 2020

Maybe. If the other product is patented, it might act as a "blocking" patent against your product. This can occur if a claim of the patented product "reads on" your end-product (e.g., if your product has each and every element, or substantial equivalent, of one of the related... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: if i had a provisional patent a few years back. can you work on its previous search and resubmit with adjustments?
Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 25, 2020

If the original provisional patent application (PPA) expired without being published (e.g., it was never used as a basis for a formal utility patent application), then the PPA might be "recycled" into a new PPA to include improvements or changes to the invention since the first PPA.... Read more »

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2 Answers | Asked in Copyright on
Q: I just bought domain: kabrow.com - wanting to do an eyebrow-focused webshop (trimmers, serums, styling / coloring)

Benefit Cosmetics has this: https://trademarks.justia.com/866/14/ka-86614532.html

Can I legally run Kabrow.com (not calling my products Kabrow) without getting sued? (And they winning, ofc.)

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 25, 2020

You might want to hold off until you speak with a trademark attorney.

If a mark owner believes that its rights are being infringed, it can sue to stop the use of the same or similar mark (including in a domain name) by a suspected infringer. Which party "wins or loses" will be...
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1 Answer | Asked in Internet Law and Trademark for Connecticut on
Q: I am dealing with Design Dok in CA and they claim 100% money back guaranteed and they won’t give me my money back

I also filed a trademark with them and I don’t believe they ever filed for one and just took my money.

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 22, 2020

It sounds like you might have a contract breach, but their fine print probably says that you have to arbitrate the dispute in California and that damages are limited to the price paid to them. You may have to consult with a California attorney to review your specific details in this regard.... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Ohio on
Q: I want to make portals is there anyway I can legally do this considering patent number 10479156

I believe this patent is for a gear driven portal and the case is one machined piece the product I want to sell is chain driven and the case is made of multiple pieces welded together can I legally sell this

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 21, 2020

A U.S. patent owner has the right to stop others from making, using, selling, offering to sell, or importing a product that infringes any claim of the patent. (Claims are the numbered paragraphs found at the end of the patent.)

The answer to your question would depend on whether any of the...
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