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...Read more »
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 »
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 »
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 »
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.
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.
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 »
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...Read more »
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?
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....Read more »
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 »
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
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 »
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 »
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 »
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...Read more »
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 »
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
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...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.