Get free answers to your Intellectual Property legal questions from lawyers in your area.
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 
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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
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
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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
We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More
answered on Mar 26, 2024
It depends. A close examination of their request is warranted. If their registered trademark covers the service you provide, and your use of your business name "is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the... View More
I would also like to know if a phase that is the business name should be trademark
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answered on Mar 15, 2024
Starting an online aromatherapy service is an exciting venture. Regarding your question about setting up a business trust, it's indeed possible. A business trust can manage the business's assets and operations, but the specifics can vary widely based on your location and business needs.... View More
Most pictures will just be the car after being cleaned. Some pictures will showcase the before & after.
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answered on Mar 11, 2024
In most cases, posting pictures of cars you have worked on or detailed on your website or in advertisements would not be considered trademark infringement, as long as you follow certain guidelines:
1. No false association: Ensure that your use of the pictures does not falsely suggest that... View More
My design expired can I modify it for resubmission, is their possible law suits I can receive compensation from?
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answered on Mar 5, 2024
Based on the limited information provided, I'll try to address your questions as best as I can.
1. Royalties: If your design patent has expired, you will no longer receive royalties from it. Once a patent expires, the invention or design enters the public domain, meaning anyone can... View More
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answered on Mar 2, 2024
Choosing a business name is a significant step in establishing your brand and presence in the market. Using your legal name, Billy, as part of your business name, such as "Billy The Kid - Home Repair & Restoration," is generally permissible. However, it's essential to consider a... View More
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answered on Feb 4, 2024
Using the name of a university on a woodcut map can potentially raise trademark and intellectual property concerns. While you're not using logos, universities often have trademark protection for their names to prevent unauthorized use for commercial purposes. Whether you can use the name... View More
On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?
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answered on Feb 1, 2024
Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted... View More
I would like to start a Facebook group and name it Florida Boss Babes and want to know if this is okay or if I would be violating someone else's trademark.
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answered on Jan 25, 2024
To determine if "Boss Babes" is trademarked, you can conduct a search in the United States Patent and Trademark Office (USPTO) database. This will show if the term is currently registered as a trademark. Remember, even if a term is not registered as a federal trademark, it could still be... View More
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answered on Jan 23, 2024
Mickey Mouse, as a character and brand, is indeed protected by both copyright and trademark laws. Copyright protects original works of authorship, such as movies, books, and artwork, including animated characters. Mickey Mouse, as a creation of Walt Disney, falls under this category, safeguarding... View More
The 17 U.S. Code 110 does not state that a disclaimer has to be posted.
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answered on Feb 21, 2024
While churches may stream live services on platforms like Facebook, Instagram, or TikTok, it's essential to be mindful of copyright laws when using recorded songs during these broadcasts. The fact that the songs are performed live in a church setting does not exempt them from copyright... View More
I'm looking at the LovePop patents and wondering if, instead of flowers, I allowed customers to upload some images and create a collection that probably somewhat resembled a bouquet if you squinted your eyes, and if that would conflict with their bouquet patents.
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answered on Dec 25, 2023
When assessing potential conflicts with LovePop's patents, it's essential to consider the specific claims each patent makes. Patents are often very detailed in their claims, focusing on particular methods, designs, or unique aspects of a product.
In your case, creating a foldable... View More
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answered on Nov 28, 2023
No, the decorative patterns and designs on Pfaltzgraff Yorktowne dishware lines are very unlikely to be protected by active trademarks or eligible for trademark protection. Therefore, you should generally be free to sell paint stencils replicating those patterns without infringing trademarks.... View More
I would like to ask what I can do when my former partner in the company stole the software and registered a patent only for himself? The software belongs to a Slovak company in which he was a partner, but the court canceled his partnership. Is it possible to challenge this patent or file a request... View More
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answered on Nov 21, 2023
If your former partner registered a patent on software that was developed within your Slovak company and without including you or the company as co-owners, you have several options to consider. The first step would be to gather all evidence that demonstrates your contribution and the company's... View More
I composed a song where, at some point, I make reference to the title of an important social protest song that became a sort of an anthem, and I describe how important it was to rally the people and brake their fear to the oppressor. However I found out that its title has been trademarked, and I... View More
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answered on Nov 17, 2023
In Florida, referencing the title of a trademarked song in a new composition can be legally permissible under certain conditions. This usually falls under the category of fair use, especially if the reference is made in a way that is transformative, such as using the title to comment on, criticize,... View More
We are trying to make thee brand for America and want to know if the brand is in use we saw that the brand was used in the UK and want to know if it’s available for the United States
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answered on Nov 8, 2023
To ascertain if "TNO" is trademarked and who currently holds the rights, you should search the United States Patent and Trademark Office (USPTO) database. Trademarks can be country-specific, and the fact that a brand is trademarked in the UK does not automatically mean it is protected in... View More
Heres the dilemma: Person 1 runs a Nike monitor and pays for it to give out Nike links to members that paid a subscription which allows them to get hype releases first. Person 2 else just posted a link from that Nike monitor (using the monitor's domain) to the public for free. Does that... View More
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answered on Oct 31, 2023
In general, mere URLs or links themselves are not considered intellectual property. However, the issue here isn't just about the link but about the service Person 1 provides. If Person 2 is accessing Person 1's paid service and redistributing its contents without permission, there may be... View More
answered on Oct 20, 2023
If a trademark has been abandoned you can file an application with the USPTO to apply for the trademark. In order to receive a registered trademark an application for the mark must be filed with the USPTO and you must also be able to provide proof of the mark being used by you as the owner in... View More
I had to let it go because of no funds to prolong the registration.
answered on Sep 25, 2023
You should speak with a Florida Attorney if this is in the State of Florida, if you are a do it yourself type person, you can go to Sunbiz.org, Florida Department of State website and see what needs to be done. Depending on how long it has been inactive, you may or may not be able to get it. No... View More
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