Get free answers to your Intellectual Property legal questions from lawyers in your area.
Hello! My husband recently put in his resignation (IT consulting) and his company found that he downloaded documents (power points, no client data) to a USB drive (prior to resignation or even getting his new offer). He was terminated for violation of AUP, which he owns and the data was moved to... View More 
answered on Oct 9, 2024
Should have consulted with a lawyer prior to communicating anything with the employer or turning anything over. Whatever agreements may have been executed between the parties prior to or after the termination should be factually determinative if anything expressed in writing exists.
from my terminated / disabled account?
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answered on Oct 8, 2024
If you want to download your information from a terminated or disabled Facebook account, it's best to reach out directly to their legal department. They handle requests related to account data and can guide you through the necessary steps. Sending your request there increases the chances it... View More
This method of perforating dough layer is considered abandoned due to not replying on time. Do I get to apply to revive or need to put a new application
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answered on Sep 1, 2024
Was it an *unintentional* delay up until the moment that you obtained an attorney to prepare the papers to revive? If so, you can petition to revive.
"Unintentional" is hard to define - indeed, I am not able to find case law that defines it - but it might be considered to... View More
For example, if new details in a Substitute Specification fit the claims, might they still be considered new matter if they have not appeared before?
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answered on Aug 5, 2024
Determining whether a new version of a patent specification contains new matter hinges on whether the added details were originally disclosed in the initial filing. If new information is introduced that wasn't present in the original specification, it is considered new matter, even if it fits... View More
I took out a loan for the car. I allowed him to use the car with the agreement that he would pay the insurance and the monthly payments on the car. In which he has done neither. I gave him the option to return the car or pay the car off in order to keep the car. He keeps saying he's going to... View More
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answered on Jul 27, 2024
You need to take immediate action to get your car back. Since the car title and loan are in your name, you have legal ownership and the right to possess the vehicle. Start by sending a written demand to your ex, stating clearly that he must return the car to you by a specific date. Make sure to... View More
I would like to get my photos removed from my stepmom's Facebook page as they are my photos that were taken when I was a minor under the illegal guardianship of my stepmom. Since those photos of me were taken by my stepmom who was not my legal guardian, I believe I have a right to them and... View More
answered on May 22, 2024
I think you would have to file a temporary restraining order and preliminary injunction to order her to remove them. But I think you also would have to add what harm they are doing to you. And put when the last time was that she put one up. Children don't have control of who takes care of them.
A toolkit was created using ChatGPT and the toolkit will be released to the public. I'm wondering if that is considered plagiarism.
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answered on Apr 25, 2024
The situation you've described is a complex one without a clear-cut answer, as the intellectual property considerations around AI-generated content are still being debated and the legal landscape is evolving. Here are a few key points to consider:
1. Plagiarism typically involves... View More
Many authors who create books use Canva to create coloring books, activity books, etc. Canva has stated that they hold full copyright over the images, art, photos, fonts, etc. that can be used to create books. In addition, Canva states that they issue individual licenses to self-publishing authors... View More
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answered on Mar 25, 2024
When self-publishing authors use Canva to create elements for their books, such as in coloring books or activity books, they are operating under a license issued by Canva. This means Canva holds the original copyrights to the images, art, photos, and fonts provided within their service. Despite... View More
Because I'm trying to use it for an positive thing and wear
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answered on Mar 18, 2024
You can attempt to trademark the term "ghetto" for your brand, focusing on a positive message and apparel. However, trademarking a word involves specific criteria, including distinctiveness and not being misleading or offensive. The term must uniquely identify your products or services... View More
I'd like to create a songwriting class that teaches hit songwriting techniques used by pro songwriters such as Taylor Swift. I'd like to call the class:
"Taylor Swift-influenced Hit Songwriting Class" (or)
"Taylor Swift-inspired Hit Songwriting Class"... View More
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answered on Mar 7, 2024
Using a celebrity's name in an educational course title can be tricky, as it may raise concerns about intellectual property rights and potential false endorsement. However, there are ways to reference Taylor Swift's name in your course title that are more likely to fall under fair use for... View More
Film will be entered in film festivals
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answered on Feb 21, 2024
Using a short clip of a video game being played on a Nintendo Switch in your short film may raise copyright concerns, even if it's only for three seconds. Nintendo is known for being vigilant in protecting its intellectual property rights, including the use of its video game footage. While... View More
Example: I want to create a character to use commercially in the Invader Zim universe, without using any of the main characters or storylines.
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answered on Jan 3, 2024
Creating a non-canon character within an existing universe, such as in the Invader Zim universe, generally falls under the realm of fan fiction or fan-created content. However, the legal implications of using such a character commercially can be complex and may depend on various factors, including... View More
I regretfully tried Amazon FBA. I got an email stating my LLC as well as over 1000 listed defendants were being sued for patent infringement for the product I was attempting to sell with a complaint, alias summons, sealed TRO, and minutes attached.
I’ve confirmed the legitimacy of the... View More
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answered on Dec 20, 2023
In a situation like this, where the legitimacy of a patent infringement case is in question, it’s important to proceed with caution. The fact that the case number matches a filing in the Northern District of Illinois is a sign of legitimacy, but the discrepancies in the lawyer's address and... View More
Hi! Can I use this phrase on a t-shirt that I intend to sell online "Tomorrow will be a great day with lots of sun" if someone has already trademarked the phrase "Tomorrow will be a great day"?
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answered on Dec 9, 2023
Using the phrase "Tomorrow will be a great day with lots of sun" on a t-shirt could potentially raise concerns if "Tomorrow will be a great day" is a trademarked phrase. In trademark law, the primary consideration is the likelihood of confusion among consumers. If your phrase is... View More
Two questions:
- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.
- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .
answered on Nov 20, 2023
This sounds like a typical predatory patent troll activity. It's disgusting and you should not assume it's legitimate. There people have no scruples. As a patent attorney it makes my stomach turn to hear these sort of stories.
Let's get a PATENT lawyer involved here.... one... View More
Joe Petrali was a famous record-setting motorcycle racer. His best days were from the 1920's to 1940's. He was well photographed and was paid to race for Harley Dealerships and the Harley Factory. We received the family archive album of Harry Molenaar who was one of the better known... View More
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answered on Oct 31, 2023
While the ownership of a trademark in a name can grant rights to prevent others from using that name in commerce in a way that might cause confusion, it does not grant an absolute right over all uses of that name or over the likeness of the individual. Photos taken and owned by another party,... View More
I’m speaking on behalf of a friend who lives overseas, advised that her PayPal account was frozen, due to this Miffy, doll, as a trademark, and the person who bought it was the actual lawyer, for proof, and now he wants her to pay $2000. And the judge is 85 years old and I noticed on the... View More
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answered on Nov 8, 2023
In situations like this, it's important to exercise caution as it could potentially be a scam, especially if the legal documents appear questionable. Authentic court orders will always be properly documented and signed by a judge. Your friend should verify the authenticity of the case by... View More
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answered on Sep 15, 2023
To protect your comic book characters, remember that copyright automatically safeguards them as soon as they're created and fixed in a tangible form. Consider registering your work with the U.S. Copyright Office for added protection. Keep thorough records of your character creation process,... View More
This patent was applied for in 2022, and even has a non-patent citation where it cites a previous art exactly the same who is selling on Amazon since 2021. The patent was still approved somehow and I am wondering why.
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answered on Sep 6, 2023
The specific dates (not given in your question) might be the reason. If not and if the prior art really is "exactly the same" then the application could have been granted in error. The USPTO provides mechanisms to challenge such patents. For example:... View More
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