Get free answers to your Intellectual Property legal questions from lawyers in your area.
Changed over the years And what is intellectual property
answered on Apr 13, 2018
You cannot update an issued patent to expand coverage. You can file a new patent application. The Bell patent on the telephone was filed more than 100 years ago and there are still lots of new patent applications on the telephone.
Keep in mind, that your new application will need to be... View More 
I want to show future prospective employers this portfolio. Does this break copyright or NDA laws?
answered on Feb 15, 2018
The answer to your question depends on the employment contract you signed with the marketing agency and whether you can share the portfolio. I would look to see what their requirement states first.
As far as copyright law, technically if you were hired as a work for hire with all... View More
Windows are being installed but not yet finished due to failed inspection and damaged window during instal. They are coming to finish job tomorrow but just found thru my bank that they put lien on my property. Is this legal?
answered on Feb 6, 2018
In general, yes. When they get paid they should release the lien. The idea is that you won't be able to sell the property without paying them.
Moreover, the international class is 016, which is the class over goods/services in commerce dealing with paper materials and printed matter. Simply, if the "App" just identified greeting cards and is registered, is it justified or congruent to perform trade through also standard printed... View More
answered on Jan 31, 2018
You need to consult with an experienced trademark attorney prior to taking what seems on its face to be a very risky tack. If your proposed product is sufficiently related to that sold under the registered mark, then you may have a serious infringement issue.
Nobody has opened his estate and I do not want to be involved with administration obligations which will end up being very costly. Can I close business without an estate judge approval and reopen another one with me being 100% shareholder in the new one with the assumption that if one day... View More
answered on Jan 11, 2018
One would need more facts to provide you with a useful answer. Are there business assets that you would use? Did the other shareholder personally guarantee the debt? Did you? Where there other assets owned by your former business associate? As you may suspect, perhaps the best and most prudent... View More
answered on Jan 5, 2018
You can file for application for intent to use. However you will need to start using the mark within 6 months or pay to file an extension if you haven’t started using the mark by then.
answered on Dec 15, 2017
No, the widow may very well have a life estate in her late husband's one half undivided interest in the property. This interest is protected by the homestead provisions of Florida's constitution and statutes.
answered on Dec 25, 2017
Impossible to say as the wife may (and likely does) have ownership rights via her deceased husband's 1/2 interest; she may step into his shoes as co-owner with you. You would need a probate court to determine this and cannot seize the property or evict yet.
Now, I’m wondering do I own the rights to the modified version because the physical painting is still normal.I would like to use the modified version on t shirts to sell.
answered on Dec 8, 2017
I think you do own the rights. It doesn't appear that the painting is protected by the copyright laws because the artist is not identified.
I'm researching cyber claims, HIPAA, PCI - I'm trying to find out how cyber crimes are filed and prosecuted in Florida? Do these cases go thru the courts, are they filed in the courts and do they have a case type if so?
answered on Nov 17, 2017
A violation of the federal HIPAA regulations (health care providers divulging certain personal medical information) is not a crime, nor is it a violation of Florida law. The health care provider can perhaps be subject to sanctions by a specific federal agency, but it is not a court case.
He could never get it when they broke up because she is crazy and pulled a gun on him. The police were called a few times. He recently died and when my sister and I packed his house realized all his stuff is missing. We know she has it but says she does not. His stuff is rightfully ours and there... View More
answered on Nov 17, 2017
Sure; if you file a probate case you can sue her for the stuff.
i recently started selling pop up phone grips online, not thinking or researching if there was a patent. I got them cheap from a supplier on Alibaba and listed on Amazon. I have only been selling for a week now and popsocket, which is the brand name which owns the patent, has reported my listing as... View More
answered on Nov 15, 2017
I have seen a patent case that was awarded less than a dollar in damages as they wanted to make a point in a bigger set of battles.
As a practical matter, if you can show that you shipped them back to your supplier for a refund, then it is unlikely that they will chase you. We do not know... View More
answered on Oct 27, 2017
There is no maximum amount of Trademark am individual or a company can own.
answered on Oct 24, 2017
A trademark Owner may file a request to reinstate a registration if the registration was cancelled or expired for failure to file a section 8 affidavit, trademark renewal or response if they can provide proof that the cancellation was due to USPTO error or that the registrant didn’t receive the... View More
I own a small ecommerce website where I sell some items bearing the names of very famous people from the past, like Michael jackson, muhamad ali, marilyn monroe, etc, can I get in trouble for doing that? A corporation recently contacted me regarding using the name of Frida Khalo on my site, she is... View More
answered on Oct 13, 2017
Maybe yes. If you are duplicating her image, likeness or name (signature) you may be violating trademark/copyright laws.
You need to speak with a patent/trademark attorney on this topic as that is a specialized area of law
answered on Sep 27, 2017
Start with checking your credit to see if it matches your transactions.
Good luck,
If I used my own personal computer to write the code for an app, but tested the app on a company phone, do they have any claim to it? Wouldn't that be the same as downloading an app from the app store in terms of not having a claim to IP?
answered on Oct 23, 2017
The answer will largely depend on if you built the app for your company or while working for your company for their benefit and also what if any, your employment agreement or handbook states about Intellectual Property while working for the company. I suggest you contact an attorney so your... View More
I made an album cover for a very famous rap artist, and I sent it to him. A few days later he posted it on his official Instagram for millions to see, but he cropped my logo off of the bottom. Now the image is being used in thousands of places on the internet without my permission, and the famous... View More
answered on Sep 25, 2017
It appears you likely do have a case for copyright infringement. If you created the album cover, you are the copyright owner. You have the right to determine whether your work is reproduced. One thing to consider is whether your message to him granted him permission to use the artwork. An... View More
Company A is called "Cool Couture" and they make t shirts, hats, etc.. The print the word "Cool" (yes, the adjective cool) but in a stylized form on their t shirts. Company B is has t shirts with the word "Cool" printed on them. NOT in the stylized form that company... View More
answered on Sep 21, 2017
Trademark law is based principally upon consumer confusion. It is a source identifier. So if in your hypothetical COOL (the word alone; not stylized) is so well known that people associate it with one particular t-shirt maker, then potentially that company could prevent others from using the word... View More
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