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Indiana Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property for Indiana on
Q: Assos TRIATHLON have a V shape on back. Our design is similar to this appearance, Is that an infringement?
James L. Arrasmith
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answered on Sep 29, 2024

It’s natural to be concerned about design infringement, especially when your design shares similarities with existing products. In cases like this, what matters most is whether the design element, such as the V shape, is considered a unique trademark or an original feature that is protected by... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Indiana on
Q: Can I use my movie title that has the same name as a short film that was made on YouTube 2 years ago from the UK?

I am an independent filmmaker in Indiana and later found out late in my production there exists a short with the same title, a little video that has almost no recognition. My story is different, the only similarity is it involves a pizza delivery. I just want to make sure it's legal without... View More

James L. Arrasmith
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answered on Aug 17, 2024

You're allowed to use the same title as the short film on YouTube, especially since the content, story, and production are different. Titles generally aren't protected by copyright law, which means multiple works can share the same name without infringing on each other's rights.... View More

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: hello. i have a question about 3d printing and trading the items i print

i did not make the stl files but would not be getting paid for the items

James L. Arrasmith
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answered on Jul 18, 2024

If you are 3D printing items using STL files you did not create, you need to be aware of potential copyright issues. Even if you are not getting paid for the items you print and trade, the original creator of the STL files may still have rights over their design. Using someone else’s design... View More

2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: how can i register an expired trademark

I want top register an expired trademark I see online

Sean Goodwin
Sean Goodwin
answered on May 21, 2024

A trademark clearance search should still be conducted to ensure that the expired mark is truly dead, and there are no pending applications or a family of related marks that can cause issues. The USPTO application fees are non-refundable, and it currently takes approximately one year for the... View More

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1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Next fall our festival wants to do a Yellowstone national Park theme and use yogi bear crew as mascs. Can we

We would like to do memes on our Facebook page through the year encouraging events. And have props during festival.

We do a special edition shirt each year of 100 if possible would also like to include yogi with ours& Yellowstone parks in the print

James L. Arrasmith
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answered on Jan 14, 2024

Using Yogi Bear and his crew as mascots for your festival, especially in conjunction with Yellowstone National Park, requires careful consideration of intellectual property rights. Yogi Bear is a copyrighted character owned by Hanna-Barbera, now part of Warner Bros. Entertainment. Therefore, using... View More

1 Answer | Asked in Collections and Intellectual Property for Indiana on
Q: When sending the intent to file letter does it have to be certified or can it be priority mail with signature required
James L. Arrasmith
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answered on Nov 7, 2023

When sending a letter of intent to file a claim, it does not necessarily have to be sent via certified mail; however, it is often advisable to do so. Certified mail provides proof of mailing and delivery, which can be important in legal proceedings to establish that the recipient was indeed... View More

2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Is naming something the Hoosier Thunder Series a Trademark violation since Hoosier is Trademarked. Hoosier means Indiana

We are wanting to start a sprint car series and want it to be the Hoosier Thunder Sprint car series with Hoosier implying Indiana. Is this allowed?

T. Augustus Claus
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answered on Oct 27, 2023

The use of "Hoosier" in a title might lead to potential trademark issues if there's an existing trademark associated with that term, especially within a similar industry or context. "Hoosier" is trademarked, and while it is a term synonymous with Indiana, the use of a... View More

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3 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Research on this site shows the word mark HEAVEN ON EARTH trademark abandoned in 2018. How should go about verifying?
David Aldrich
David Aldrich
answered on Sep 25, 2023

There are numerous HEAVEN ON EARTH trademark registrations that have been abandoned. There are also numerous HEAVEN ON EARTH trademark registrations/applications that are live. Each trademark is registered in one or more "classes" (categories of good services). If you are looking to... View More

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1 Answer | Asked in Intellectual Property, Real Estate Law, Constitutional Law and Landlord - Tenant for Indiana on
Q: Can my ex-wife filed for immediate position of a property purchased by both of us and the property my business is on?

Me and my wife was married, divorced 5 years now but have been in a relationship during those 5years I own My own business Repairs on R.Vs The property my business is on is in my ex wifes name and now that we have went see ways shes evicting me from my business with property purchased by both of... View More

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answered on Aug 29, 2023

Given that your business is operating on this property, the stakes are high, and immediate legal consultation is advisable to protect your interests.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: How do make the manufacturing industry pay royalties for using our intellectual property?

We are the real Inventors of Confidence Disposable Underwear.

David Aldrich
David Aldrich
answered on Aug 16, 2023

If you patented the invention and someone is infringing that patent, you would typically send what is called a "cease and desist letter" to that company and offer them a license to the patent in exchange for a reasonable royalty. You should contact a qualified patent attorney, who can... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: I own my trailer and up to date on property tax,but the manager of the place is putting my trailer for sheriff auction

I live in a trailer park community as they call it and I'm behind on membership fees that's it.I don't know what to do because I'm poor

James L. Arrasmith
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answered on Aug 6, 2023

Contact a local tenant rights organization or consult with a legal aid attorney to explore your options and understand your rights in this situation.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: can you patent ballon words and phrases on your specialty ballons
T. Augustus Claus
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answered on Aug 2, 2023

if you have a unique and novel method of using words or phrases on specialty balloons that involves a technical process or innovation, you may be able to seek patent protection for that specific process or invention. It's essential to consult with a qualified patent attorney who can evaluate... View More

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2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: is copyrighted music for video game credit scenes considered fair use
T. Augustus Claus
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answered on Jul 25, 2023

The use of copyrighted music in video games, including credit scenes, is typically not considered fair use. Fair use is a legal doctrine that allows limited use of copyrighted material without obtaining permission from the copyright owner under certain circumstances, such as for purposes of... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: I cannot find the global patent for the magnetic patch cap made by next generation headwear. How do I find this document
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 17, 2023

There are no global patents. You may be looking for a Patent Cooperation Treaty patent application which is the front end of many patent systems (including the US). If so, you can look here https://patentscope.wipo.int/search/en/search.jsf

This is the search tool run by the World...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: Am I still entitled to recieve my late husbands patent funds eighteen months since his passing? How long do I wait?

My husband passed away five weeks after a patent application was filed. Eighteen months later it was granted by the USPTO. There were other patents, and I did recieve monies to those. I called HR and my calls are not answered, or returned. Same for e-mails.

James L. Arrasmith
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answered on Jul 10, 2023

I'm sorry for your loss. Regarding your late husband's patent funds, it is important to review the specific circumstances and agreements related to the patents. Typically, the entitlement to receive patent funds would depend on factors such as the terms outlined in your husband's... View More

2 Answers | Asked in Copyright, Intellectual Property and International Law for Indiana on
Q: Would there be issues if I made a podcast sharing stories I heard from various social media outlets?

I would give the creator credit, and summarize their stories. Is social media considered public domain? Or would I have to get the creators permission before telling and discussing their stories on a podcast?

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

Social media is not considered public domain. Social media platforms are just a public forums where people post their content. However, the people posting aren't necessarily relinquishing their rights by posting there. Also, giving credit doesn't really help if what you're doing... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: If i own a home in the sandestin resort and rent it out by owner, can I use the name sandestin in my groups, ads etc?

For example: A private facebook group named Sandestin Book Direct with Owner

James L. Arrasmith
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answered on Feb 25, 2023

It's not recommended to use the name of a resort or company in the name of your private Facebook group or ads without their permission as it could potentially infringe on their trademark. It's best to check with the resort or company to see if they allow the use of their name in such a... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: Is it legal to build a device like this but not the same exact device ?
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2022

Your question remains open for two weeks in this category and it may be better suited for attorneys who work in intellectual property. Product liability is more about injuries from defective products. You could repost the question under Intellectual Property & Patents. There's no guarantee... View More

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: How do I report Grinch /Dr. Suess themed photo shoots for infringing?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 3, 2021

Look up the manager of the rights.

2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: I am writing a parody of Elsa and Anna I have a disclaimer stating it is a parody

The names are the same there our no pictures of the charcters them self can i write the book under section 107 of the fair use act

Jason Brooks
Jason Brooks
answered on Jan 22, 2021

Works of parody are generally acceptable forms of "fair use" protected from what would otherwise would amount to copyright infringement. As you've alluded, Section 107 does provide several examples of fair use, including uses of copyrighted works “for purposes such as criticism... View More

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