Get free answers to your Intellectual Property legal questions from lawyers in your area.
I want to create a sports channel for my school titled WWSN. I have approval from school officials and do not plan to monetize the channel, but I am concerned about potential trademark issues with the name "WWSN." What steps should I take to ensure there are no legal issues with using... View More 
I have a patent that has been issued, but the assignee has not yet officially recorded the assignment, and the maintenance fees are now overdue by one day. There is a stipulation that the assignee is responsible for the fees only after the assignment is recorded. Given this situation and having... View More
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answered on Apr 15, 2025
Right now, the responsibility for paying the maintenance fees falls on you, the current recorded owner of the patent. Until the assignment is officially recorded with the USPTO, the assignee is not recognized as the legal owner, regardless of what was agreed privately. This means any deadlines or... View More
I want to trademark the name of my podcast, which features conversations about relationships. I have already conducted a search for trademark registration. Additionally, I am offering related merchandise, including t-shirts and coffee mugs. What is the correct class that a podcast would fall under... View More
answered on Apr 7, 2025
The question is a little too broad. Simply producing and streaming a podcast would be protected in one class, while downloadable podcasts would be protected in another. In some cases, you would want both. Associated merchandise would be in other class(es), depending on the particular merchandise... View More
I'm interested in using a business name that has been registered as a trademark but appears to be abandoned for over 2 years. I plan to use it for the same type of business. I haven't conducted any research to determine if the name is still legally protected or associated with any entity.... View More
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answered on Apr 1, 2025
The mark will be considered abandoned if its use in commerce or trade has been discontinued with intent not to resume the use. Intent not to resume may be inferred from circumstances.
Nonuse for 3 consecutive years is prima facie evidence of abandonment. The burden of proof then shifts... View More
I had a mutual agreement with a manager to create videos for free in exchange for him providing me with artists to work with, without a formal contract. Initially, this elevated my career, but after I sought financial compensation, he ended the collaboration. Now, he's taking actions against... View More
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answered on Apr 2, 2025
You likely retain copyright ownership of your videos despite the absence of a formal written contract. Copyright protection attaches automatically to original creative works once fixed in tangible form, giving you exclusive rights to reproduce, distribute, and display your content. Your verbal... View More
I am considering using the name "The Property Princess 706" for my real estate business, while “The Property Princess” is a registered trademark. I don't intend to trademark my name and there are no similar trademarks in my area. Could I potentially face legal issues for using... View More
answered on Mar 26, 2025
You could face an opposition if you attempt to use or register your requested business name for trademark protection. Because your intended business is within the same realm as another registered trademark, your best course of action will be to speak with a trademark attorney. They will run a... View More
I am planning to start an app-based SaaS business using a name that is currently used by two entities: a nursing wear brand in another country and a blog in the U.S. Neither has trademarked the name in the U.S. I have conducted a U.S. trademark search, and no one has trademarked the name. I am... View More
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answered on Mar 20, 2025
While using an untrademarked business name is legally possible in the US, you should consider both domestic and international implications. Common law trademark rights can still exist based on actual use in commerce, even without formal registration, so the US blog might have some territorial... View More
I want to create and sell a custom ball-shaped product similar to a "magic 8 ball," with a different color, my own logo, and 20 unique answers. I know Mattel owns the patent and the traditional answers might be copyrighted. Are there any legal issues I should be aware of before... View More
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answered on Mar 10, 2025
Based on my limited review, the patent family for Mattel's "Magic 8 Ball" patents appears to be either abandoned or expired. You can reference this here: https://patentcenter.uspto.gov/applications/10139148/continuity?application=. For patents that are abandoned or expired, there... View More
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
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???
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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.
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
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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
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
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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
I'd like to know the boundaries around the use of the name Soul Train and if it is up for sale.
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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
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?
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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
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
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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... View More
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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... View More
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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
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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
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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
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
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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
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