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Intellectual Property Questions & Answers
0 Answers | Asked in Copyright and Intellectual Property for Michigan on
Q: Is it legal to make shirts for my h.s. staff using the phrase: Pr ( ) tect This House? The open space is an Earth pic

Because it does not use the letter 'O', in "Protect" would that make a difference?

The shirts would be for use for games, pep rallies, etc.

I would want to sell the shirts to the staff and students that would like them.

0 Answers | Asked in Intellectual Property for Indiana on
Q: What happens if a family member refuses to remove a camper and personal items of your property?

She refused the eviction letter and green card should be coming back to us , could you please email me as well

cddc1991@yahoo.com, Thank you,Celeste Carver

0 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Do provisional patents in your local country protect an invention in multiple countries or do we have to apply for more?

Is it needed to apply for provisionals in other prospecting countries to protect your idea?

0 Answers | Asked in Intellectual Property for California on
Q: Can I change my cause of action?

I sued, served the documents, removed to federal, now pending Motion to dismiss hearing.

I sued for Intellectual Property.

Originally theft, however, now I am realizing it is right of publicity (California). They used my likeness in multiple publications. Can I change the cause of action?

0 Answers | Asked in Constitutional Law and Intellectual Property for Indiana on
Q: i would like to ask the prosecution as to what happened to my POT. Yes is illegal in Indiana, but the deputy sherriff

stated that he would not charge me if he found it in the car. I pilot told him not 2 search my car, stating the last time they illegaly searched they open all the antique 'key chucks' that were sealed never opened. around 30 or so. Anyway They done an enventory search but no pot... View More

2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: We have INREST trademark filed, 97114560.Do I need to file a new one?
Fritz-Howard Raymond Clapp
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answered on Sep 28, 2023

This application is dead, having been abandoned in March 2023 for failure to respond to an office action in August 2022 noting that "applicant's mark, INREST, is confusingly similar to the registered mark, INNEREST." A new application for the same mark would fail for the same reason.

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1 Answer | Asked in Intellectual Property for California on
Q: I am suing for Right of Publicity in LA Superior court. What do I write? Intellectual Property complaint?

I am trying to name the document.

James L. Arrasmith
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answered on Sep 28, 2023

To file a lawsuit for the Right of Publicity in the Los Angeles Superior Court, you typically need to draft a complaint that outlines the specific facts of the case, including how the defendant violated your client's right of publicity. While you may include elements of intellectual property... View More

2 Answers | Asked in Trademark and Intellectual Property for Tennessee on
Q: I have registered one domain by name WATSONX.NET for financial services industry! IBM objects. No trade mark. Help me.

No any trademarks registered in this name. But IBM objects. Please help me to draft a mail to them. Most urgent . Thank you so much. Regards Sankar S.K.

Fritz-Howard Raymond Clapp
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answered on Sep 27, 2023

There are several federal trademark registrations of marks including WATSON, which is a surname. IBM does not have an exclusive right to the word, and does not have a registration in the category for financial services, so you should be able to register WATSONX.

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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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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: Life sciences patent lawyer Q: can I patent modified protein production protocol never used for this protein but others

I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?

Stephen E. Zweig
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answered on Sep 25, 2023

A lot will depend on whether your modified protocol is legally "obvious" or not. Here, the legal question is if the modification would appear apparent to a person of average skill in the art (here, "average skill" in biotech is Ph.D. level).

If you did something unusual...
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2 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: I invented and patented (US 8391552) an invaluble technology for petrochemical industry

So in 2018, the Trump Admin attacked me in a federal lab in Pittsburgh. I had to flee. Then my house was raided by a SWAT team. I fled into hiding in Amish country Ohio. Then the Trump Admin disguised my patented technology as a non-patented technology and gave it to Saudi Aramco and the... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 25, 2023

I am sorry to hear about your tribulations, but regarding the patent: you do not own the patent. You assigned your rights to the invention to the Deparment of Energy in December 2012, after the patent application was filed but before the patent issued.

It is not your patent, and the DoE...
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2 Answers | Asked in Trademark and Intellectual Property for Louisiana on
Q: Why could Activision Publishing Inc. register a trademark for "It's About Time" for video games?

There were two video games subtitled "It's About Time" in the 2010s decade, Electronic Arts' Plants vs. Zombies 2 upon its initial release in 2013, and Null Reference Games LLC's Cars with Guns: It's About Time in 2017, yet Activision was able to file a registration... View More

David Aldrich
David Aldrich
answered on Sep 25, 2023

Regardless of what marks were in use, Activision was able to register this because no one else registered this mark for video games. If another party used a similar mark for video games before them, and that other party is still using that mark for video games, they could file a cancellation... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Does the Harlan kardon onxy studio 1 have any patents that is currently enforced or expired? If so what one are they?

I want to find out if I could use the device to expand on the design and technology in it more so to future proof it and lessen environmental effects on the planet from landfill pollution of electronics.

David Aldrich
David Aldrich
answered on Sep 25, 2023

Harman owns many patents. Typically, if someone has one or more patent(s) on a particular product, that product (or its packaging or labeling) will list the patent number somewhere (or else will identify a website that does), because the owner of the patent(s) cannot collect damages for... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Three named inventors on a patent...what are the rights of these named inventors?

If a patent is assigned to three named inventors, does each inventor have the right to do what they please without approval or profit share to the other inventors?

A California LLC was in place but terminated in 2021 before being granted the patent. It was agreed upon that the patent would... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 24, 2023

Yes, that is correct: each of the inventors has a right to do with the patent rights as he pleases, without accounting or profit sharing with others.

In this case, though, you do have to be very careful that the rights were not actually assigned to the California LLC, and that if there was...
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2 Answers | Asked in Intellectual Property, Copyright and Trademark for Michigan on
Q: Can I use a patented saying on my own design or do I have to buy the use of the saying?
James L. Arrasmith
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answered on Sep 24, 2023

Sayings or phrases themselves cannot be patented; patents cover inventions and processes. However, sayings can be trademarked or copyrighted, depending on the context. If a saying is trademarked or copyrighted, you would need permission or a license to use it in your design to avoid infringement.

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2 Answers | Asked in Business Law, Intellectual Property and Trademark for Florida on
Q: I want to reinstall my trade mark.My business name is Mineral Evolution LLC serial number 79025687

I had to let it go because of no funds to prolong the registration.

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 25, 2023

You should speak with a Florida Attorney if this is in the State of Florida, if you are a do it yourself type person, you can go to Sunbiz.org, Florida Department of State website and see what needs to be done. Depending on how long it has been inactive, you may or may not be able to get it. No... View More

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2 Answers | Asked in Copyright, International Law, Trademark and Intellectual Property on
Q: Can I use the phrase dolce vita in a website name?

I want to open an online business called Dolce Vita Digital or Dolce Vita Digital Marketing

T. Augustus Claus
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answered on Sep 22, 2023

The phrase "Dolce Vita" is a common Italian term that means "sweet life," and it has been used in various contexts, from the name of a film to brands and products. However, its usage in a business name might depend on various factors like trademark registrations and the industry... View More

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I am looking at trademark here for LUCKYEYE on JUSIA with "cancellation pending", what does that mean?
David Aldrich
David Aldrich
answered on Sep 22, 2023

It means another party filed a cancellation proceeding, which is a legal proceeding that attempts to cancel the mark on one or more grounds. In this particular case, it looks like that cancellation proceeding ended in December 2022. The cancellation request was denied, meaning that it is still a... View More

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2 Answers | Asked in Copyright and Intellectual Property on
Q: If I hand draw an outline of BLUEY on a rock which is included in a painting kit for sale. Do I infringe on copyright?

The painting kit has 3 random drawn rocks of anything. Of which 1 could be an outline of a BLUEY character (All pictures are hand drawn). The kit is advertised as a rock painting kit with no mention of what the pictures are.

T. Augustus Claus
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answered on Sep 21, 2023

If you're using a copyrighted character like BLUEY in a commercial product like a painting kit, even if hand-drawn, you could be infringing on the copyright of the character's creators. Copyright laws generally protect original works of authorship, including characters in many instances.... View More

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2 Answers | Asked in Trademark and Intellectual Property for Montana on
Q: Trademarks Sheepdog Up and Shaka Gear Both shown as abandoned. What is the process for our Corp to take ownership
David Aldrich
David Aldrich
answered on Sep 21, 2023

If an application for a mark is abandoned, you are free to just file your own application for that mark. If you are already using the mark in commerce, you can file a use application. If not, but you plan to in the near future, you can file an intent-to-use application.

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