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Florida Intellectual Property Questions & Answers
1 Answer | Asked in Contracts, Collections, Communications Law and Intellectual Property for Florida on
Q: Do I have to pay this charged off vehicle?

I live in Florida. I was behind on my car payments but made it current the month that my finance company did a charge off on the car. I even spoke with them on the phone and nothing was mentioned to me about the charge off happening. I was only told that I should refinance to trade the car in. They... View More

James L. Arrasmith
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answered on Sep 13, 2024

Even though your vehicle was charged off, you may still be legally responsible for the remaining balance on the loan. A charge-off means the lender has decided the debt is unlikely to be collected and has written it off their books, but this doesn’t cancel your obligation to pay. The debt can be... View More

1 Answer | Asked in Constitutional Law, Criminal Law, Products Liability and Intellectual Property for Florida on
Q: Can a YouTuber legally audio watermark police interviews they obtained via a FOIA request from the courts?

I would think the police interviews, body cams, etc are copyright the police and state. Thanks.

James L. Arrasmith
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answered on Sep 12, 2024

When you obtain police interviews, body cam footage, or other similar materials through a FOIA request, it's essential to understand that these materials are generally considered public records. However, they may still be subject to certain copyright protections, usually held by the government... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: do I need approval to rebrand a generic product to sell under my company name?

Hi, I found a generic hair beauty product that is sold as a generic product that I would like to private label. It is not sold on Alibaba. It is sold by a couple manufacturers in South America. Do I need a white label agreement to get approval to rebrand their generic product under my company name.... View More

James L. Arrasmith
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answered on Aug 17, 2024

To rebrand a generic product and sell it under your company name, you don't necessarily need approval from the manufacturer unless there are specific legal agreements or trademark protections in place. However, it’s good practice to have clear communication with the manufacturer to avoid... View More

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Where do I begin to start to copyright a creation?

I have this concept that I’ve drawn that has multiple characters but the name for the concept for all of them is the same, but actual names of individual characters is different.

James L. Arrasmith
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answered on Aug 6, 2024

To begin copyrighting your creation, you need to ensure that your work is original and fixed in a tangible form, like drawings or written descriptions of your characters. Once you have this, you can proceed with the registration process through the U.S. Copyright Office.

Start by visiting...
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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Am I able to apply for a name that is already trademarked, but has been dead and abandoned for 17 years?
Robert Hugh Johnston III
Robert Hugh Johnston III
answered on Aug 10, 2024

If I understand the question correctly, you mean by “trademarked” that it was once federally registered but now has been abandoned or cancelled. In most situations you could file for a trademark registration for that mark and use that mark. One caution is that it's possible the owner of... View More

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If someone has a tattoo that is a copy of someone else's work, could they get in legal trouble for it?

How should someone who is trying to build a career online go about this?

Bao Tran
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Bao Tran
answered on Jul 25, 2024

If someone has a tattoo that is a copy of another artist's work, they could potentially face legal issues related to copyright infringement. Here are the key points to consider:

Copyright Infringement

Tattoo Artists' Liability: Tattoo artists can be sued for intellectual...
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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: Is it legal to sell used soccer jerseys for England and Spanish teams ?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the search results and general legal principles regarding the resale of sports jerseys, here are the key points to consider:

Authenticity: It is legal to resell authentic, used soccer jerseys for England and Spanish teams, as long as they are genuine products that were originally...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: how do I contact this company for a licence to one of these patents

My dream is to get Beta Hydroxy butyrate (BHB) available for everybody in the supermarket because of its unprecedented health potential. The use of BHB for increasing ketone bodies is patented. Therefore, I probably need a licence to this patent if I would like to sell such a product in the... View More

James L. Arrasmith
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answered on Jun 22, 2024

To answer your question, we need to break it down into a few steps:

1. Patent verification:

First, we need to confirm that the use of Beta-Hydroxybutyrate (BHB) for increasing ketone bodies is indeed patented. Without specific patent information, I can't verify this claim....
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1 Answer | Asked in Business Law, Copyright, Civil Rights and Intellectual Property for Florida on
Q: as a photographer can photos of people in a public space be added to my website without the permission of the person?

as a freelance photographer, do i really need someones permission to add the pictures i take in a public setting to my website? or would this not be allowed for any reason?

James L. Arrasmith
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answered on Jun 19, 2024

As a photographer, you generally have the right to take photographs of people in public spaces without their permission. This is based on the legal principle that there is no reasonable expectation of privacy in public places. However, there are some important considerations and potential... View More

Q: Do I need the list all ingredients in a hair growth oil that only contains essential oils?

I want to sell a hair growth formula I created. It is a blend of 5 essential oils. I want 3 of them to be kept private. The reason for this is because this specific formulation and combination of oils is currently not on the market and I would like to keep my unique formula protected. Would I be... View More

James L. Arrasmith
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answered on Jun 15, 2024

When selling a hair growth oil, you generally need to comply with cosmetic labeling regulations, which typically require listing all ingredients on the product label. This ensures transparency and helps consumers make informed choices, especially if they have allergies or sensitivities.... View More

1 Answer | Asked in Intellectual Property and Copyright for Florida on
Q: Can i do a parody video on youtube using a Beatles song changing the lyrics
James L. Arrasmith
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answered on Jun 13, 2024

Creating a parody video using a Beatles song with altered lyrics can be tricky due to copyright laws. Parody is often protected under fair use, but it needs to be clear that the work is a parody, commenting on or criticizing the original in some way. Simply changing the lyrics without this context... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Is the method of ‘adjusting golf scores based on abnormal weather conditions’ patenable?

USGA World Handicap System

James L. Arrasmith
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answered on Jun 22, 2024

To assess the patentability of 'adjusting golf scores based on abnormal weather conditions' as part of the USGA World Handicap System, we need to consider several factors:

1. Novelty: The idea must be new and not previously disclosed to the public.

2. Non-obviousness: It...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: What can I do to protect the ingredients in my hair growth oil?

I created my own hair growth oil formula that is a combination for 5 oils. I know I need to at least list two of them since they have allergen potentials however, I'd like to protect the last 3. I do not know if I have to list all the ingredient's on the labels or if there is something I... View More

James L. Arrasmith
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answered on Jun 9, 2024

When it comes to protecting your hair growth oil formula, you have a few options. Here's some guidance on each:

1. Ingredient Labeling:

In most countries, including the USA, cosmetic products must list all ingredients on the label. This is to ensure consumer safety and...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Can I use picture frame designs around the text in my authored books?
James L. Arrasmith
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answered on Jun 8, 2024

Based on your question, it seems you are asking whether using decorative picture frame designs around the text in books you have written would be legally permissible from an intellectual property perspective. Here are a few key considerations:

Copyright: Assuming you created the picture...
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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I am the owner of Purple Dryad and have been so legally since 2017.

My former attorney arranged the ownership for me so I don't know what this is. I simply need some direction and will have another attorney, local, attend to it.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 25, 2024

US Reg No. 5500635 for PURPLE DRYAD is active for retail store services, and your name and address are correctly shown in the USPTO records. To maintain the registration, statement of continuing use must be filed by Jun. 26, 2024. This is a simple task for an experienced trademark attorney.

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If I wanted to copyright art for a new card game, would that protect just one card, or every single one?

I'm making a new card game, and while all of the art is original, I'm worried someone might steal it. If I were to copyright it would it protect all of my art or just one single card?

Alan Harrison
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answered on Apr 24, 2024

You could file a copyright registration for each individual card or for the whole set of cards. If you file for the whole set as one registration and someone copied just one card there is an argument that their copying would be de mínimus (not a big deal) compared to the whole set of cards.

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1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Hi, we are a gift basket business in Florida. What are the laws about having items in a basket that are trademarked?

for example, If we put a book in a kids box is that allowed? What about things like legos or disney or another "known" company product in the basket if we are not claiming it as our own or that we made it?

James L. Arrasmith
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answered on Apr 16, 2024

When it comes to including trademarked items in gift baskets, the key considerations are the principles of trademark law and the "first sale doctrine." Here's what you need to know:

1. First Sale Doctrine: Under U.S. copyright and trademark law, the "first sale...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: If I modify a Japan art work that is copyrighted am I subject to American or Japanese Copyright law?

I am living in the United States, this is a non profit fan image, i have no intentions of profiting or selling the image

James L. Arrasmith
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answered on Apr 11, 2024

In this case, there are a few key considerations:

1. Jurisdiction: Generally, copyright infringement lawsuits are governed by the laws of the country where the lawsuit is filed. As you're based in the U.S., it's likely that U.S. copyright law would apply if a lawsuit was brought...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Are quotes from books copyright infringement?

I am in the process of developing a content series for TikTok, focusing on the literary world. The essence of my project involves creating videos that feature narrations of quotes from various books, accompanied by original artwork inspired by the narratives.The videos are intended to be... View More

James L. Arrasmith
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answered on Mar 29, 2024

When it comes to using literary quotes in videos, especially in a commercial context, navigating copyright laws can indeed be complex. The concept of "fair use" is particularly relevant here. While fair use might cover the use of quotes to a certain extent, the commercial nature of your... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Would like know if patent on sealed wafer ice cream sandwich that is partitioned into multiple breakaway segments exists

This would be an ice cream confection product that is completely sealed by two eatable wafers. These wafers would have multiple pockets that hold and seal the ice cream and can be broken apart and shared without exposing the ice cream or making a mess. This ice cream confection product would... View More

James L. Arrasmith
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answered on Mar 29, 2024

Your concept of a sealed wafer ice cream sandwich with multiple breakaway segments is quite innovative, focusing on a neat, shareable, and melt-resistant design. Upon reviewing patents related to ice cream products, it appears that while there are numerous patents concerning ice cream sandwiches... View More

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