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Colorado Intellectual Property Questions & Answers
3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 15, 2024

If someone is infringing your product or process, you need to see a patent litigation attorney.

The first thing that the attorney will do is to investigate whether the company is actually infringing your patent. By "infringing your patent", I mean that the company is making or...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 22, 2024

It is possible. You will need to consult with a patent attorney and go through the dates of specific events.

If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Colorado on
Q: I am creating a competitive collapsible water bottle to Hydrapak LLC - I want to understand what design limits I have

NA

James L. Arrasmith
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answered on Feb 23, 2024

When creating a competitive collapsible water bottle similar to Hydrapak LLC, it's essential to consider several factors that may limit your design. Firstly, you should carefully examine any existing patents or intellectual property rights held by Hydrapak or other competitors in the market.... View More

3 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Colorado on
Q: My gym made a t shirt that hints at another gyms logo. The t shirt is satire. I’m looking for a lawyer to take a look

The t shirt is purple and says “welcome to the judgement zone” this is a twist on a popular gym franchise. We used the colors yellow and purple and the shirt features a thumbs down in the middle. We can send the design for review

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 17, 2024

Though I can't comment on your specific legal situation in this forum, I can offer some guidance on the fair use doctrines in US trademark law. In a combination of codified federal law and certain supreme court rulings, the development of a phrase or logo that parodies an existing, registered... View More

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2 Answers | Asked in Trademark, Copyright and Intellectual Property for Colorado on
Q: Can I use shadow silhouettes of trademarked characters on the cover of an educational non-fiction book?

It is a book about positive, negative, and flat character arcs. The cover would preferably have easily recognizable shadows of characters that fit each arc type. Such as Han Solo, Walter White, and Wonder Woman. I have characters in the public domain in mind in case I need to go that route, but... View More

Fritz-Howard Raymond Clapp
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answered on Aug 10, 2023

This raises both copyright and trademark issues, but both bend in your favor.

The copyrights in the commercial depictions of the characters are owned by the producers, but allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship,...
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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Colorado on
Q: Can I take a photo that I took of a car in a public area, put it on a peice of clothing and sell it?

I took a photo of a bmw m3, in a public area and I edited the photo and designed it, and I’m wondering if I can put it on a shirt and sell it.

James L. Arrasmith
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answered on May 7, 2023

In general, yes, you can take a photo of a car in a public area and use it for commercial purposes such as selling it on a shirt. However, there are certain legal considerations to keep in mind, such as potential copyright or trademark issues if there are logos or branding visible on the car.... View More

1 Answer | Asked in Intellectual Property for Colorado on
Q: I am looking to start a blog and am wanting to ensure that the domain name I chose is ok.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 27, 2023

You should consult with an attorney to make sure you are not violating anybody's rights.

3 Answers | Asked in Trademark, Copyright and Intellectual Property for Colorado on
Q: I’m planning to get a trademark for my company name and slogan. Should I get a copyright for the different artwork?

It is a T-shirt company that will have a variety of artwork along with our basic name and slogan.

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 7, 2023

Trademarks and copyright protection are good business protection tools, but these two areas of law can be confusing.

Trademarks protect words slogans, phrases, and graphic art (such as a logo) that are used to identify a brand or a product's seller in the marketplace. Two companies...
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1 Answer | Asked in Intellectual Property for Colorado on
Q: I'd like to get any info on how should I act not to violate design rights.

I am an Amazon entrepreneur. We manufacture picture frames using the names and team colors of NFL teams. We received notification about intellectual property violations. Amazin indicated it as design right infringement. But there were no logos, only team colors. I’d like to know where I can check... View More

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 25, 2022

Football logos are protected by trademark law. Trademark protection is recognized in the first user of the logo to associate the logo with good or services in a marketplace. The protection of that logo is automatic, but limited. For a larger set of legal protections, the logo owner should register... View More

1 Answer | Asked in Business Law, Government Contracts and Intellectual Property for Colorado on
Q: Does my company own the right to my licenses?

During the course of my employment with my current employer I uptained my professional engineer (PE) license. I paid for all classes, books, exams out of my pocket. I even took paid time off to take the exam. My company really wants to use this license on their proposal work in order to win more... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Oct 27, 2021

The company does not have the right to use your property without your permission. Get your request in writing and then if they don't comply within 10 days go get a lawyer.

Also, if you're a W2 employee and you were told you would receive a pay increase and you didn't file a...
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1 Answer | Asked in Intellectual Property for Colorado on
Q: My patent for an electromagnetic motor just got granted. how do I get into contact with Tesla?
Timothy John Billick
Timothy John Billick
answered on Oct 6, 2020

Ideally use a personal contact, or find one. If none exist, you will have a hard time getting its attention. However, there is some precedent for Elon Musk taking notice of people who reach out to the company directly via Twitter. If you're lucky you might get someone's attention.... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Colorado on
Q: I am designing shoes and named one pair Kill Bill. Could I get in trouble for trademark infringement?

It would be helpful if you could guide me to some resources to prevent copyright/trademark infringement with my designs and names for shoes.

John B. Hudak
John B. Hudak
answered on Jun 10, 2020

When doing research about trademarks and copyrights look at uspto.gov and copyright.gov.

You can search for trademarks on TESS. Your trademark search should include more than TESS.

Consider hiring an intellectual property attorney to do a full analysis of the facts specific to...
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1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: I want to know about data scraping and possible copyright infringement.

I want to create a social app for people that collect things, but I need public data to do it. For instance, this site http://www.tycollector.com/beanies/beanie-roster.htm has a list of all beanie babies and info about them. I need the data so collectors can id their items. They would be able to... View More

John B. Hudak
John B. Hudak
answered on Jun 10, 2020

Copyright related to compilations of data is a specific area of copyright law and analysis of the exact list and estimations of the mental effort and transformation to the underlying facts in the list may be part of the analysis. If you are doing research on your own, and want a potential starting... View More

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: How can I tell if what I’m selling violates any intellectual property infringements? I sell themed diaper cakes I make

Star Wars , a Harry Potter and other trademarked characters or brands used to make a baby shower gifts I sell. I want to make sure I don’t get sued or violate any trademark, copyrights, etc

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 10, 2020

You can always be sued.

Most big companies decide not to go after small guys, specially if it is in the fan realm like in Comicon.

You do not have zero risk, you are at the mercy of what the owners want to do.

1 Answer | Asked in Intellectual Property for Colorado on
Q: I have an idea for a new business. How do I know if I should file for a patent or just keep it a trade secret?
Griffin Klema
Griffin Klema
answered on Dec 5, 2018

That can be a tough call, but generally depends on a few things: 1. Whether what you have is protectable by a patent, 2. Whether the information can truly be maintained confidentially.

The first question can be answered by a patent lawyer by performing a patentability assessment. The answer...
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2 Answers | Asked in Trademark and Intellectual Property for Colorado on
Q: Is it possible to get approval for use of Denver Broncos logo for apparel?

I'm interested in starting a clothing store and would like to know if it is possible to get permission to use professional sports teams logos and if so...how to go about doing that.

Ashley Dean Powell
Ashley Dean Powell
answered on Nov 13, 2018

It is technically possible, though very difficult. Last I checked (I once had a hat idea that all my friends told me was dumb), the apparel (and hats) categories of licenses were essentially considered "closed" in that the NFL was not interested in talking to new potential licensees.... View More

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1 Answer | Asked in Intellectual Property for Colorado on
Q: Is there ever any situation where you can trademark and copyright the same piece of intellectual property?
Griffin Klema
Griffin Klema
answered on Nov 14, 2018

Yes. Broadly speaking if it's both a creative work (copyright) as well as a source identifier (trademark), then it may be covered by both types of IP. This is sometimes referred to as "industrial art."

1 Answer | Asked in Intellectual Property for Colorado on
Q: It seems like there are different types of IP protections for different types of work. How do I know which one applies

to mine?

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 17, 2018

This is out of my practice area, but I can confirm that there are multiple types of protections: patents, copyrights, trade secrets, and trademarks are the main categories we often think of (with some subcategories I believe).

Each of these can be highly technical, and you will often find...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Colorado on
Q: How do u find out if someone has a patent on a wooded kite?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 17, 2018

The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.

One strategy is to...
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1 Answer | Asked in Intellectual Property for Colorado on
Q: Am writing a comic book - should I just get a copyright on that, or on the characters too?
Andrew Zulieve
Andrew Zulieve
answered on Jun 5, 2018

Under the U.S. Copyright Act of 1976, as amended, copyright is automatic upon the creation and fixation of an original work of authorship in a tangible medium. Placing copyright notice is not required, but provides some worthwhile benefits. Registration with the U.S. Copyright is not required to... View More

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