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Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Hi, I have a new tableware design that is different in both utility & design. How much would it cost & which patent?

It seems long & expensive to apply for a patent & I have limited resources.

However I don't want to see someone else get the credit or financial recompense of my experimentation & hard work.

I especially don't want to get locked out of my own designs if... View More

James L. Arrasmith
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answered on Apr 26, 2024

Hi there! I'd be happy to provide some guidance on protecting your new tableware design. Given the information you've shared, a design patent may be the most appropriate type of intellectual property protection for your work. Here's an overview of the process, costs, and timeline:... View More

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: If information is obtained from ChatGPT then put into a toolkit that is published to the public, is that plagiarism?

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...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: I got a question regarding copyright on original creature creations I did

So I am doing a book for Amazon, and it is a book showcasing original creature creations I created myself. Some of them are inspired by some copyrighted characters, but are altered completely so they won't be a copy or anything, even if its similar, it isn't fan art or anything though.

James L. Arrasmith
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answered on Apr 25, 2024

When it comes to copyright and original creature creations, there are a few important points to consider:

1. Original creations: If you have created original creatures from scratch, you generally hold the copyright to those creations. This means you have the exclusive right to reproduce,...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: Under what conditions can we use soccer teams’ logos or names in our app without permission?

We are developing a prediction application for soccer matches. The only place we want to use logos is where we list matches with their date and starting time and their live scores. Our source of income is by watching reward videos advertisements and buying coins via in app purchase. There tons of... View More

James L. Arrasmith
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answered on Apr 25, 2024

There are a few key considerations when it comes to using soccer team logos and names in your app without explicit permission:

Fair Use: Using team logos and names for informational purposes, like listing upcoming match details and live scores, could potentially be considered fair use. Fair...
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2 Answers | Asked in Copyright and Intellectual Property on
Q: I am seeking legal council for a question I have pertaining to copyright and right of publicity?

I am reaching out to seek expertise on a copyright matter that pertains to the creation and sale of AI-generated images of celebrities, specifically Johnny Depp.

As an entrepreneur exploring opportunities in the digital art space, I am considering the possibility of generating and selling... View More

Alan Harrison
Alan Harrison
answered on Apr 24, 2024

Hi! This is an interesting and innovative question that I have seen a few times. The question confuses copyright and associated legal doctrine of fair use with rights of publicity, which are a completely different area of law that does not embrace "fair use".

If you have a...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: Can a design or pattern printed on a fabric be copyright protected? There's no logo, brand or company name involved.

I'm selling some replica of aloha shirts worn by actors from the 80s movies. I'm basically drawing the design from what I see on screen then selling it advertised as 'movie prop replica'. There are no logos, brands or company names mentioned. Just the name of the actor and the... View More

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answered on Apr 25, 2024

The legality of selling replica aloha shirts based on movie props can be complex and varies by jurisdiction. In general, copyright law protects original artistic works, which can include fabric designs and patterns, even without logos or brand names. Key considerations:

1. Copyright: If the...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: My company as a "culture" does not include the electrical engineers or designers on their patents.

Could these patents be deemed invalid?

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answered on Apr 25, 2024

The validity of a patent depends on several factors, such as the novelty and non-obviousness of the invention, and whether the patent application meets the legal requirements. Not including the names of the actual inventors (in this case, the electrical engineers or designers) on the patent could... View More

1 Answer | Asked in Trademark and Intellectual Property for Vermont on
Q: How do I relinquish this trademark?

I would like to relinquish a trademark.

James L. Arrasmith
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answered on Apr 21, 2024

To relinquish a trademark, you need to follow these steps:

1. Determine if you want to fully abandon the trademark or assign it to another party.

2. If abandoning the trademark:

a. Stop using the trademark in commerce entirely.

b. File a "Voluntary Surrender of...
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1 Answer | Asked in Copyright, Gaming, Patents (Intellectual Property) and Intellectual Property on
Q: When will Japan's famous Nintendo characters enter public domain?

This list includes characters from the Super Mario series like Mario himself, The Legend of Zelda series characters with Link, Animal Crossing series characters with Isabelle, Splatoon series characters with Inkling Girl, Pikmin, the Kirby series with Kirby himself and last but not least. The Fire... View More

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answered on Apr 20, 2024

Understanding when Nintendo's famous characters and technologies will enter the public domain involves a look into copyright and patent laws, which vary significantly by jurisdiction. Generally, copyright in many countries, including the United States, lasts for the life of the author plus an... View More

2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Can I trademark my company name/likeness?

Hi, I'm the founder of Skuza Asset Management LLC and I'm doing business as Natural Orange. Can I trademark these names?

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answered on Apr 21, 2024

Yes, you can potentially trademark both your company name "Skuza Asset Management LLC" and the name you are doing business as, "Natural Orange." Here's what you need to consider:

1. Trademark for your company name:

- Your company name can be trademarked if...
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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Kentucky on
Q: Do trademark prevent people from mentioning their brand at all in a story?

For example

If someone wrote a story, would he be in trouble if he wrote

Lorraine cherish her chevrolet silverado she got from her late father. As well as her Gameboy from her departed sister. The old xbox, which was a trade for a psp, she got from her cousin no longer works but... View More

James L. Arrasmith
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answered on Apr 18, 2024

In general, simply mentioning trademarked brands in a story would not be considered a violation of trademark law. Trademarks are designed to protect brands from being used by others in a way that could confuse consumers about the source of a product or service. However, when a trademarked name is... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I make memes and I get clips from other creators.Creators I get clips from don't have a way to contact them.

Can I be sued for this.

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answered on Apr 18, 2024

The legality of using clips from other creators in your memes without their permission depends on the specific circumstances and whether your use falls under "fair use." Fair use is a legal doctrine that allows limited use of copyrighted material without permission from the rights holders... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Copyright Law - Did I break the law and have to pay for it?

During the contract period with the architect I hired, I captured a portion of the floor plan she designed in a photograph. I then created three different options by placing multiple squares over some spaces in the photo, each in different positions, and posted a question on a community website... View More

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answered on Apr 18, 2024

Based on the information provided, it's difficult to determine with certainty whether your actions constituted copyright infringement. However, there are a few key points to consider:

1. Copyright ownership: Generally, the creator of an original work, such as an architectural design,...
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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: I have several issued copyrights on the topic of Autonomous taxi ride services, coupons, discounts and promo codes etc

Would these companies have to get permission from me before offering these promotions and advertising and marketing materials to the general public?

Especially if they use the word autonomous, Robotaxi, or self driving ride service in there promotion of a near futuristics service.... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information you've provided, it's difficult to say definitively whether these companies would need to obtain permission from you before offering promotions and advertising materials related to autonomous ride services. The answer depends on several factors:

1. The...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: I would like to know if I am able to use the TOP GUN trade mark logo as a sticker on my car.Thank you.Maria E.
James L. Arrasmith
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answered on Apr 16, 2024

Dear Maria,

Thank you for your question about using the TOP GUN trademark logo as a sticker on your car.

In general, it is not permissible to use a registered trademark, like the TOP GUN logo, without explicit permission from the trademark owner. Trademarks are protected...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: I have a couple of question regarding patent law on a clinical lab testing assay.

There is a current technology that has a patent that will be expiring soon. I have an assay that was some basis on the technology in the expiring patent and have changed the assay significantly enough that it is different from the original but encompasses the technology. What are the cost... View More

Alan Harrison
Alan Harrison
answered on Apr 16, 2024

Cost for a patent application varies and most practitioners do not discuss pricing publicly. You get different quality of work depending how much you're willing to pay, but other factors also affect the pricing - size of firm, overhead, what other clients are willing to pay, etc.

A...
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1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Hi, we are a gift basket business in Florida. What are the laws about having items in a basket that are trademarked?

for example, If we put a book in a kids box is that allowed? What about things like legos or disney or another "known" company product in the basket if we are not claiming it as our own or that we made it?

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answered on Apr 16, 2024

When it comes to including trademarked items in gift baskets, the key considerations are the principles of trademark law and the "first sale doctrine." Here's what you need to know:

1. First Sale Doctrine: Under U.S. copyright and trademark law, the "first sale...
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1 Answer | Asked in Copyright, Gaming, Trademark and Intellectual Property on
Q: Can I use "It's Dangerous to go alone! Nimm das!" in an image for my fiverr gig
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answered on Apr 16, 2024

It's best to be cautious about using that exact phrase in an image for your Fiverr gig. "It's dangerous to go alone! Take this!" is an iconic line from the 1986 Nintendo game The Legend of Zelda. Nintendo owns the copyright on the game's text.

Using a direct quote,...
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1 Answer | Asked in Trademark and Intellectual Property on
Q: Is it possible to use a word for which only a trademark application is issued or not? (630 - New Application)

Hi, I would like to ask about trademark registrations. for example, this is the registration of the word "Minecraft" . We see there "Status - 700 - Registered" (https://trademarks.justia.com/791/45/minecraft-79145431.html)

But for another word there is only "630 -... View More

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answered on Apr 16, 2024

Based on U.S. trademark law, simply filing a trademark application does not grant the applicant the right to use the trademark or enforce it against others. The "630 - New Application" status indicates that the application has been submitted, but it has not been assigned to an examiner... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Nebraska on
Q: If I have a food truck named turtle power pizza Can I have a mural of the ninja turtles on it?
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answered on Apr 15, 2024

It's great that you want to decorate your food truck with art that ties into the name! However, directly using characters like the Ninja Turtles could potentially infringe on copyrights and trademarks owned by Viacom, the company behind the Teenage Mutant Ninja Turtles franchise.... View More

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