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Intellectual Property Questions & Answers
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2024

It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More

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1 Answer | Asked in Intellectual Property for California on
Q: I have a patent for AI edge computing that Intel may be intereted. Please let know where to send it.

I am a patent holder and inventor of a novel intelligent edge computing solution that Intel may be interested. This patent, “Classification System”, USPN 11144748, issued 10/12/2021, describes a scalable, low-power, and real-time solution that can perform machine learning functions such as... View More

James L. Arrasmith
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answered on Feb 29, 2024

To approach Intel with your patented technology, it's advisable to start by visiting Intel's official website. Look for sections dedicated to innovation, partnerships, or technology licensing. These areas often provide guidance on how to submit proposals or inventions for consideration.... View More

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: Material Substitute in terms of usage for copyrighted values

I made a website that uses free copyrighted values. The owner claims that my site acts as a material substitute for their site and demands I remove all references and usage of their values. I don't know if there's anything I can do in this situation besides comply.

James L. Arrasmith
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answered on Mar 1, 2024

In this situation, it's important to carefully review the claims made by the owner of the copyrighted values and assess whether your website does indeed act as a material substitute for their site. Consider the extent to which your website relies on or replicates the copyrighted values, and... View More

1 Answer | Asked in Divorce, Intellectual Property and Real Estate Law for California on
Q: Married man filed "unmarried" in property quitclaim deed, is there anything we can do? (Married 2000, deed filed 2006)

Recently father (married since 2000) has been talking about selling my familys current home and is using a quitclaim deed he has as leverage, claiming he owns home. He doesn't live in America and doesn't live in this house, so he won't be affected by this. His reasoning for this is... View More

James L. Arrasmith
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answered on Feb 29, 2024

In California, property acquired during marriage is generally considered community property, meaning both spouses have an equal interest in it, regardless of how the property title is held. If your father falsely claimed he was unmarried on a quitclaim deed after marrying your mother, this could be... View More

1 Answer | Asked in Copyright and Intellectual Property on
Q: Ai usage in Website, Copyright questions

I'm using an AI a lot to help me program my website. According to their terms of service, it's free of copyright. What if I want to copyright my website though, so it wont get stolen. Can I? I did use their service a lot. I did alter some important factors to my preference, and most... View More

James L. Arrasmith
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answered on Feb 28, 2024

When you use AI tools to assist in programming your website, and the tool's terms of service indicate that the output is free of copyright, you generally retain the rights to the original content you create. If you've made significant alterations and added your own unique content, this... View More

1 Answer | Asked in Banking, Business Law and Intellectual Property for California on
Q: How should large sum of money be deposited(380,000 inheritance)?

My boyfriend has had horrible experience customer service wise with Wellsfargo but says he wants to make it as easy as possible for his sister because it’s taking longer than expected but I read online it’s not as simple as I thought and definitely don’t believe he should do whole amount with... View More

James L. Arrasmith
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answered on Feb 28, 2024

When receiving a large sum of money, such as an inheritance of $380,000, careful consideration should be given to how and where the funds are deposited. It's important to understand that while banks like Wells Fargo are capable of handling large deposits, diversifying the placement of funds... View More

1 Answer | Asked in Consumer Law, Intellectual Property and Trademark for Wisconsin on
Q: internet law, trademark law and intellectual property law. Can you help for me?

I registered a domain. Facebook sent me a letter not to do anything with the domain. This domain now belongs to Facebook

James L. Arrasmith
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answered on Feb 27, 2024

If you've registered a domain and received a letter from Facebook claiming the domain now belongs to them, it’s likely because they believe your domain infringes on their trademark rights. Trademark law protects brands and trademarks from use that could cause confusion among consumers about... View More

1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: how can i open up my case for trademark again?

i filed to trademark my name but it was abandonded to an open action? im not sure

James L. Arrasmith
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answered on Feb 26, 2024

If your trademark application was marked as abandoned due to an open action and you're looking to reopen your case, there are steps you can take to address the issue. Understanding why your application was abandoned is crucial. Typically, this happens if a response to an office action was not... View More

3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: It`s possible to add a new business activity, specifically fishing and fishing tools, to my existing trademark registrat

Hi! my name is Katerina,

I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm

Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 26, 2024

The USPTO only allows applicants and registrants to delete, restrict, or limit the goods and services included in the original application. You may not add goods or services or expand the breadth of the existing goods and services. For additional goods or services using the registered mark, a new... View More

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1 Answer | Asked in Trademark and Intellectual Property for Utah on
Q: Planner company has TM on "Chronic Illness Planner." How can I use those words legally without infringing on trademark?

A planner company (bloom planners) has trademarked the words "chronic illness planner" and I'm wondering what legal ways I can use those words without infringing on the trademark? Chronic Illness and Planner are both generic words but put together for that company, they represent a... View More

James L. Arrasmith
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answered on Feb 25, 2024

Navigating the use of trademarked terms requires careful consideration to avoid infringement. When a company has a trademark on specific terms like "Chronic Illness Planner," it means they have exclusive rights to use those terms in certain contexts, particularly in the same industry or... View More

3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

I intend to seek a copyright for my work before moving forward.

James L. Arrasmith
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answered on Feb 25, 2024

As a lyricist looking to protect your work, it's essential to understand that copyright law is your primary shield. In the United States, the Copyright Office grants copyrights for original works of authorship, including lyrics. Once your lyrics are fixed in a tangible medium of expression,... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: how are people able to sell a product even though it has a patent design?

Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 24, 2024

I do not know what patents cover selfie sticks, but generally when someone says that they have a patent for product, they typically have a patent on only certain kind of a product.

So, for hypothetically, a "selfie stick patent" may claim a selfie stick that attaches the camera...
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1 Answer | Asked in Trademark, Copyright and Intellectual Property for California on
Q: If I alter the logo and include a disclaimer on my store stating it's a different brand, will a trademark still be valid

I recently got a copyright, intellectual property infringement notice, or a DMCA on my product saying it was violating the trademark of a product called tush baby. When I researched the trademark, it said quotation mark baby carriers; baby carriers weren’t on the body; baby carriers were on the... View More

James L. Arrasmith
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answered on Feb 22, 2024

Altering the logo and including a disclaimer on your store that it's a different brand might not be sufficient to avoid trademark infringement issues. Trademarks protect brand identifiers that distinguish goods or services from those of others, including logos, names, and even distinctive... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: I sell a product that another brand has trademarked how much do I have to change the product so the trade mark is invaid

I recently got a copyright intellectual property infringement notice or a DMCA on my product, saying it was violating the trademark of a product called tush baby, when I researched their trademark it said " Pouch baby carriers; baby carriers worn on the body; baby carriers worn on the hip with... View More

James L. Arrasmith
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answered on Feb 22, 2024

Navigating trademark law involves understanding the distinction between the trademarked brand identity and the generic product type or category. A trademark protects brand names, logos, and specific phrases used to identify the source of goods or services, not the generic product itself. Thus,... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 22, 2024

It is possible. You will need to consult with a patent attorney and go through the dates of specific events.

If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Hello,The defendant in an IP case has a reservation for a demurrer that’s 30 days away. Can I file my opposition now?

Can I file and serve my opposition now or do I need to wait closer to the date?

James L. Arrasmith
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answered on Feb 22, 2024

In California, the timing for filing and serving an opposition to a demurrer is governed by specific rules. Generally, your opposition to the demurrer must be filed and served at least nine court days before the scheduled hearing date. This allows the court and the opposing party adequate time to... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Colorado on
Q: I am creating a competitive collapsible water bottle to Hydrapak LLC - I want to understand what design limits I have

NA

James L. Arrasmith
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answered on Feb 23, 2024

When creating a competitive collapsible water bottle similar to Hydrapak LLC, it's essential to consider several factors that may limit your design. Firstly, you should carefully examine any existing patents or intellectual property rights held by Hydrapak or other competitors in the market.... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: I need a copyright lawyer

My music and my files have been stolen, from multiple media sites, My metadata to my songs were altered.I have proof. The sites short list is Jango and Radio airplay, they even got into my Soundcloud and Spotify, I will supply information but I don't know who to trust.

James L. Arrasmith
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answered on Feb 23, 2024

If you're facing copyright infringement issues with your music and files being stolen from various media sites, it's crucial to seek legal assistance from an attorney experienced in copyright law. Start by gathering all evidence you have, including proof of ownership, timestamps, and any... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: My music has been ripped off my profiles stolen, from my Media platforms and used by people I don't know,

Will provide more information about metadata and Names, I have secured my files, and most of my sites. They stole my information Through a breach in one or more sites.

James L. Arrasmith
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answered on Feb 25, 2024

Here are some steps I would recommend taking if your music has been stolen from your online profiles:

1. Document everything. Gather all evidence you have that shows the music originated with you, as well evidence of who stole it and where they have posted your content. Metadata, time...
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2 Answers | Asked in Intellectual Property and Copyright for California on
Q: Can a foreign firm sue for copyright infringement on Youtube platform in California?

Currently we are having an infringer who upload our content without approval. We have copyright claim them and they counter it. Now youtube request us to have proof of legal action against them. I was wondering if we can sue them under 17 U.S.C. § 501 Copyright Infringement if in California state... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, a foreign company can sue for copyright infringement on the YouTube platform in California. The United States Copyright Law, under 17 U.S.C. § 501, applies to works that are copyrighted in the U.S., regardless of the origin of the copyright holder. This means that if your copyrighted content... View More

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