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Illinois Intellectual Property Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Illinois on
Q: Hello! I want to make an updated griddle caddy to sell on Amazon. Does this patent prevent me from doing so?
James L. Arrasmith
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answered on Jul 10, 2023

The information provided is not sufficient to determine whether the patent you mentioned would prevent you from selling an updated griddle caddy on Amazon. To assess this, you would need to carefully review the details of the patent in question, including its claims and scope of protection.... View More

1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: Trademark Frisbee trademarksCase Title: 23-cv-2957Northern District Court IllinoisI am ebay hobby seller

I cannot afford lawyer. I am pakistani based seller. I sold 1 item of trademarked listing. E bay has frozen my acccount with my money in it. what can I do.

James L. Arrasmith
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answered on May 22, 2023

If your eBay account has been frozen due to selling an item that infringes on a trademark, it is important to address the issue promptly. Here are a few steps you can consider:

Review eBay's policies: Familiarize yourself with eBay's policies regarding trademark infringement and...
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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: can I make designs and put them on merchandise based on the characteristics of a character in a book?

examples:

A character is described as having large bat-like wings. the product would have a photo of a bat wing with words referencing wing size

a character is described as being a gossip "spilling the tea". The product would say "better tea than [insert characters name]"

James L. Arrasmith
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answered on Apr 2, 2023

It is important to consider intellectual property laws when creating merchandise based on a character from a book. If the book is still under copyright protection, the author or publisher may hold the exclusive right to use the character's likeness and characteristics for commercial purposes.... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Can I sell my own 3d model of Lego flowers? I was selling then with the name Lego in the title until Lego took it down.

I created my own scaled up version of the Lego flower in a 3d modeling software. So the model is mine and I was wondering if I could continue to sell them without including the Lego name in the title.

James L. Arrasmith
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answered on Mar 29, 2023

While you created your own scaled-up version of the Lego flower in a 3D modeling software, it is important to note that Lego has trademark and copyright protection over their products. Therefore, using the name "Lego" in the title or description of your 3D model product could be... View More

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: What happens if I got a copyright claim email from my ISP about downloading a torrent file?
James L. Arrasmith
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answered on Mar 29, 2023

Receiving a copyright claim email from your Internet Service Provider (ISP) means that someone has accused you of downloading copyrighted content illegally using a BitTorrent client. ISPs are required by law to forward such notices to their customers, informing them of the alleged infringement and... View More

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for Illinois on
Q: I want to own a fashion online brand. Is there any Iegal requirements I need to take ?

A reputable online fashion brand

James L. Arrasmith
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answered on Feb 25, 2023

Yes, there are legal requirements that you need to consider when starting an online fashion brand. Here are a few important steps to take:

Choose a business structure: You will need to decide on a legal business structure for your brand, such as a sole proprietorship, LLC, or corporation....
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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and International Law for Illinois on
Q: How do you resolve a wrongful copyright claim for a cover song when you obtained a license properly?

I have obtained a legal mechanical license for each cover song in my album. However, my album was taken down for copyright infringement on ONE song. I tried contacting the company via their website but the contact form doesn't work and shows an error. I found their email and have sent them 5... View More

James L. Arrasmith
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answered on Feb 25, 2023

If you have obtained a legal mechanical license for the cover song in question, you have a valid defense against any copyright infringement claim related to that song. You can try contacting the company or person who made the claim and provide them with a copy of the mechanical license. If you have... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: I am within my legal rights to use a modified version of the coppertone logo freely? I would be making money off it.

Am I allowed to use an image of a girl and dog, deliberately meant to resemble the coppertone ads of the 1960s, as a logo for my band?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Sep 19, 2022

Deliberate copying or modification of someone else's image may constitute willful copyright infringement with serious consequences, especially if done for financial gains. You would be well-advised to carefully discuss your specific plans with an experienced intellectual property lawyer... View More

1 Answer | Asked in Intellectual Property for Illinois on
Q: I pitched an idea for a software platform to a large local company around the year 2000. The company was extremely

interested before suddenly cutting off communication with my company. I now work for this large corporation and was recently called into a meeting where I saw the product I had pitched had been fully implemented internally. I have zero proof. Do I have an IP case?

Erik Špila
Erik Špila
answered on Aug 23, 2022

Dear Mrs or Mr,

your case would be very hard as the burden of proof lies on your shoulders as you would be in position of plaintiff. Also the time (20 years) is quite a lot and making situation harder as you did not try to patent or protect differently this idea of yours.

Maybe you...
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1 Answer | Asked in Criminal Law and Intellectual Property for Illinois on
Q: What would the penalty be if someone trespassed on private property, took photos of me in my swimsuit without my consent

photos and videos of me behind a privacy fence, on privacy property, without my knowledge or consent and distributed them to anyone

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Assemble your evidence and present it to the local prosecutor for possible criminal charges.

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: I am a visual artist. I painted a large, photorealistic, 30x30in, painting of a Fritos bag. Can I sell it? Thank you!
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 16, 2022

As long as you're not selling snacks, the transformative work is not an infringement. Andy Warhol did fine with his iconic Campbell's Soup can paintings many years ago.

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Illinois on
Q: Hi there, IP copyright dispute, between equal partners in series LLC. Concerns over whom IP Copyright belongs to.

The business (A clothing company) didn't generate any profit and we have agreed to dissolve the series LLC, Web P, social media page etc, but it does leave us with the IP of the designs that we independently created.

Neither of us were paid employees or hired to create our own designs... View More

Jonathon Maddox
Jonathon Maddox
answered on Feb 2, 2022

There are several factors here, and a thorough review of the LLC and Operating Agreement would be needed, as well as a full understanding of exactly how and when each design was created. I’m an IP Attorney, and would be happy to have a free consultation and see how I can help your legal needs.... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Plantiff asking for unreasonable money in the name of trademark infringement & consequences if seller is outside USA

These days people are making money not by selling products but by filling case against small level dropshipping store in the name of trademark infringement. Platform like Ebay and amazon neither send any warning nor a solution to the seller once the case is filled. On the other hand plantiff ask... View More

Linda Liang
Linda Liang
answered on Oct 30, 2021

If the trademark is not yours and you do not know of the alleged infringement of trademark, you should not be liable. You should at least hire an attorney to stop them from suing you. Even defending should not be expensive. They can ask what they want. What they can get it is another story. I would... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: What is IP/patent ownership assignment when filing a patent application?

I submitted a good patent with my *previous* company. And now as a part of filing, they sent me an "assignment" PDF file to sign which is odd to me and I never had an experience with signing such a file (I was going to sue the company so I'm a bit suspicious about their request).... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 29, 2021

Basically they want you to give them the patent.

Depending on your employment contract they may have rights to it already.

Consult with an attorney.

2 Answers | Asked in Copyright, Gaming and Intellectual Property for Illinois on
Q: If I want to resell a video game streamers highlights, do I need to obtain licensing from the video game publisher?

If its a case by case basis, what companies require a licensing agreement?

Omar Darwich
Omar Darwich
answered on Jul 1, 2021

So you're talking about potential infringement and there are some specific details that need to be discussed.

Your best course of action is to consult with an attorney before making any decisions.

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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: This is in regards to copyrighting an online image.

I own a small pressure washing buisness and I found a before and after picture of a house wash online. The image shows a house on the left side as dirty and then on the right side the same house but it’s clean after a washing. It’s a picture I used for my website and my postcards that I put on... View More

Kathryn Perales
Kathryn Perales
answered on Mar 12, 2021

Based on your story, you don't appear to have explicit permission to use the photo, and may be infringing the photographer's copyright rights. Also based on your story, this photo is widely used and the photographer may not care, or may have intentionally placed the photo in the public... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: Hello my name is jason I’m an inventor and came up with an idea and submitted it. Come to find it’s not patentable

I would like to speak to the inventor

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 24, 2020

First you should consult with a patent attorney to see if the patent that concerns you actually is still in force. It may have lapsed early for failure to pay the maintenance fee and contacting them may cause them to belatedly revive it.

But if you are sure that you want to contact the...
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1 Answer | Asked in Intellectual Property for Illinois on
Q: What is the expected life of a patent? Can I use a patent/design when it is expired?
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 21, 2020

~20 years from filing for a U.S. Utility patent and 15 years for a U.S. Design patent (was 14 until a few years ago). The Utility patent term can be affected by patent term adjustments, and reliance on the filing date of any earlier priority application, and other factors.

Once a patent...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: Question about patent scope

I am writing a patent that consists of separate components that could also be patented. My question is whether it would be better to patent each piece of technology individually or to include them all within the final marketable product.

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 28, 2020

Well, it is generally easiest and cleanest to put it into separate applications (because inventors typically come up with different components at different times, but I generally tend to put it all into one patent application, let the examiner restrict it, and then choose which way you want to go.... View More

2 Answers | Asked in Intellectual Property and Trademark for Illinois on
Q: How can I buy off a trademark?

I’m trying to see if could buy off from the owner this trademark 86480383

Kathryn Perales
Kathryn Perales
answered on Jun 19, 2020

You can look up a trademark owner's contact information at tsdr.uspto.gov. You can then contact the trademark owner, and make your offer. You may want to seek business and legal advice to make sure you offer an appropriate price, and to make sure the trademark is assigned to you properly... View More

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