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Georgia Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property, Tax Law and Real Estate Law for Georgia on
Q: Is the land office allowed to sell property for taxes owed without a deed?

Also can the land office tax you for a house on open property and change status of farm to residence without your approval?

James L. Arrasmith
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answered on Dec 21, 2024

If the land office decides to sell your property for unpaid taxes, they typically need to follow legal procedures, which usually include having a valid deed or lien on the property. Selling without proper documentation can be challenged and is generally not allowed. It’s important to review your... View More

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: I am getting emails and letters about a copyright infringement from Higbee & Associates. It is a single news image.

They are requesting me provide a license or negotiate. I can also pay "settlement" of $1400. I can buy a license today for $170. My question is, can I buy a license and email them the info and be done with this? Or will they say, I didn't have it in the past and want me to still... View More

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answered on Dec 11, 2024

Copyright infringement claims from law firms like Higbee & Associates are serious matters that deserve careful consideration. While purchasing a current license shows good faith, it unfortunately doesn't resolve potential claims for past unauthorized use. Think of it like paying for a... View More

2 Answers | Asked in Estate Planning, Intellectual Property, Tax Law and Probate for Georgia on
Q: What does it mean when a property in Bartow county ga goes from the estate to the estate and then attn so and so????

My grandfather's property on his land tax accessor online went from owner: state of so and so then to owner: estate of so and so with ATTN so and so rite under it..... What does that mean???

Anthony M. Avery
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answered on Nov 6, 2024

That is the tax assessor's on line chain of title, which may or may not be correct or complete. Hire a GA attorney to search the title and explain to you the title.

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1 Answer | Asked in Copyright, Real Estate Law and Intellectual Property for Georgia on
Q: Do I need permission from the film studio to own an airbnb that has rooms themed after bedrooms on a popular tv series?

I want to build, own and operate a home as an airbnb that is mostly a historical recreation but I want to incorporate a couple of rooms that are themed after the bedrooms of characters from a popular tv show and this home would be located near the filming locations of said show. Do I need... View More

James L. Arrasmith
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answered on Aug 2, 2024

To decorate your Airbnb rooms to resemble those from a popular TV show, you likely need to consider intellectual property rights. Creating rooms that closely mimic the show's set design could be seen as an infringement of the film studio's copyrights. This is especially true if you plan... View More

1 Answer | Asked in Intellectual Property for Georgia on
Q: How does one protect their new startup IP from pre-existing IP agreements with current or previous employers?

If new startup founders, co-founders, or associates (either contractors or employees) have a signed IP agreement in effect with their current employer, which claims sole exclusive rights to any intellectual property, inventions, etcetera, that they work on either during or outside of business... View More

James L. Arrasmith
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answered on Jul 27, 2024

To protect your new startup's intellectual property (IP) from claims by current or previous employers, start by thoroughly reviewing the terms of any existing IP agreements. Ensure you understand the scope of the employer's claims, especially regarding the timing and resources used for... View More

1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: I'm looking at the Soul Train trademark details. Is it possible to TM that name now? Cancellation is pending.

I'd like to know the boundaries around the use of the name Soul Train and if it is up for sale.

James L. Arrasmith
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answered on Jul 2, 2024

To provide accurate information about the current status of the "Soul Train" trademark and its potential availability, I'd need to check the latest records from the United States Patent and Trademark Office (USPTO). However, I can offer some general guidance based on trademark law... View More

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: If someone false copyright strike you would that be against the law?

by someone i mean that if someone is pretending and claiming an art work is theirs, when it was proven false. that would be False copyright striking . If im correct, false copyright strikes are against the law?

James L. Arrasmith
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answered on May 10, 2024

Yes, you are correct. False copyright strikes, also known as fraudulent or abusive copyright claims, are against the law in many jurisdictions. This practice involves knowingly making false claims of copyright infringement against content that the claimant does not actually own or have the rights... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: I have a couple of question regarding patent law on a clinical lab testing assay.

There is a current technology that has a patent that will be expiring soon. I have an assay that was some basis on the technology in the expiring patent and have changed the assay significantly enough that it is different from the original but encompasses the technology. What are the cost... View More

Alan Harrison
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answered on Apr 16, 2024

Cost for a patent application varies and most practitioners do not discuss pricing publicly. You get different quality of work depending how much you're willing to pay, but other factors also affect the pricing - size of firm, overhead, what other clients are willing to pay, etc.

A...
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1 Answer | Asked in Trademark and Intellectual Property for Georgia on
Q: What should i trademark as a music producer
James L. Arrasmith
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answered on Mar 31, 2024

As a music producer, there are several elements you might consider trademarking to protect your brand and intellectual property:

1. Artist name or stage name: If you produce music under a specific name, trademarking it can prevent others from using the same or a similar name in the music...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Can someone legally use the acronym 'MAGA' but change a few of the letters to mean something else?
James L. Arrasmith
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answered on Mar 15, 2024

When considering the use of acronyms, particularly one as widely recognized as 'MAGA', it's important to note the context and existing trademark laws. Trademarks protect brand names, slogans, and logos that distinguish goods and services. If 'MAGA' is trademarked for... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Is the phrase, "Straight Outta" available for legal use?
James L. Arrasmith
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answered on Mar 15, 2024

The phrase "Straight Outta" is well-known and often associated with the music and entertainment industry, particularly with the hip-hop group N.W.A. and their album "Straight Outta Compton." If this phrase has been trademarked, its use could be restricted in certain contexts,... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: I have developed a math puzzle game. I want to copyright) patent it, or sell to game manufacturer or media house. Advise
James L. Arrasmith
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answered on Feb 21, 2024

To protect your math puzzle game, you have a few options. Copyright would protect the specific expression of your game, such as the artwork, design, and written instructions, but not the underlying idea or concept. Patenting your game could protect the idea or mechanics behind it, but this can be... View More

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: If I commission art and don’t like the hair and get someone to edit it, is it a violation of VARA?

A friend of mine had digital art made for their stream but the hair on the character was incorrect so she had it changed. The artist is claiming that it violates their rights under VARA

James L. Arrasmith
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answered on Feb 21, 2024

Under the Visual Artists Rights Act (VARA), artists have certain rights to integrity of their work, which includes the right to prevent alterations or modifications that could harm their reputation. However, VARA protections generally apply to physical works of art rather than digital creations.... View More

2 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: Does one trademark protect the whole class of goods regardless of what I'm currently selling?

I currently sell dog collars and dog leashes, which are both class 18. I plan to soon start selling backpacks, which are also class 18. If I only get the trademark for the collars and leashes, will it also protect the backpacks that I plan to sell later?

T. Augustus Claus
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answered on Feb 8, 2024

In Georgia, obtaining a trademark for specific goods within a class, such as dog collars and leashes in class 18, provides protection for those specific goods but doesn't automatically extend to all goods within the same class. While trademarks are registered under specific classes to broadly... View More

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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: I'm researching a small business idea. How can I protect myself from copyright infringement liability?

My business idea is basicaly a service to make advertising more accessible to solo artists/makers.

I would write a Facebook post scheduling app. Then erect a website where solo artists/makers can purchase a campaign. A campaign would consist of a series of scheduled posts and possibly email... View More

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answered on Dec 10, 2023

To mitigate the risk of copyright infringement liability in your business, it's essential to implement clear policies and procedures. First, establish a terms of service agreement for your users, clearly stating that they must own or have the right to use all content they include in their... View More

4 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: Should I register my business name before trademark
David Aldrich
David Aldrich
answered on Nov 3, 2023

Generally, it is a good idea to form the business before filing for any trademarks. When you apply for a trademark, the "owner" you identify should be the entity that is actually using the mark in commerce (or else you put your registration in jeopardy). This is typically the company,... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Can I buy Disney or licensed fabric and make a headband or scrunchie and sell it?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 11, 2023

The answer is YES. The "first sale doctrine", codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... View More

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2 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: Can I own this trademark? “Taking Care of Business”?
Felicia Altman
Felicia Altman
answered on Sep 3, 2023

It order to gain rights and ownership of a trademark you must file for the trademark with the USPTO in connection with the specific goods and services you are using the mark in connection with. In order to know if a trademark is available you should work with a trademark specialist to conduct a... View More

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1 Answer | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: Can I trademark Face.Lip.Body Cosmetics name
T. Augustus Claus
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answered on Aug 17, 2023

To trademark the name "Face.Lip.Body Cosmetics" in Georgia or the United States, you would need to go through the federal process with the United States Patent and Trademark Office (USPTO). It's important to ensure that the name is distinctive and not overly descriptive or generic.... View More

2 Answers | Asked in Copyright, Business Formation, Business Law, Trademark and Intellectual Property for Georgia on
Q: Would there be any trademark infringements to Skippy Peanut Butter for a dog treat bakery to be named Skippy's Snack?

Skippy's Snack Shack

David Aldrich
David Aldrich
answered on Aug 8, 2023

If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact... View More

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