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Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property for California on
Q: I had a storage unit and it was broken into and they stole about $140000 of property. I need lawyer to file suit

Had unit for over a year. Gate codes needed to access entrance to facility and elevators to units. Code used was supposedly someone who no longer rented there (but code still active). Video of vehicle and persons who stole my stuff. Filed police report. Late notification from facility to me about... View More

James L. Arrasmith
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answered on Dec 21, 2024

Your situation with the storage facility break-in is serious, and you have several potential legal claims worth pursuing, particularly regarding their negligence in maintaining security and delayed notification.

California law requires storage facilities to maintain reasonable security...
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1 Answer | Asked in Intellectual Property, Tax Law and Real Estate Law for Georgia on
Q: Is the land office allowed to sell property for taxes owed without a deed?

Also can the land office tax you for a house on open property and change status of farm to residence without your approval?

James L. Arrasmith
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answered on Dec 21, 2024

If the land office decides to sell your property for unpaid taxes, they typically need to follow legal procedures, which usually include having a valid deed or lien on the property. Selling without proper documentation can be challenged and is generally not allowed. It’s important to review your... View More

1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: Is it legal to sell UNBRANDED products on-line (via eBay) without restriction? Product not made by original manufacturer
James L. Arrasmith
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answered on Dec 21, 2024

Selling unbranded products online requires careful consideration of several legal aspects.

The legality depends on whether these products infringe on existing trademarks, patents, or intellectual property rights. While selling generic, unbranded items is generally allowed, you must ensure...
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2 Answers | Asked in Gaming, Intellectual Property, Patents (Intellectual Property) and Trademark for Florida on
Q: Hello, I found an OGL for a game called OpenD6, I was seeking help with understanding the OGL

I am working on a tabletop game with an Open Game License, I was just wanting to make a little side project I could publicly put out there/gain donations for the project and not get into legal hot water.

My game is generic, so I know that bit won't cause any issues, but, I'd... View More

Alan Harrison
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answered on Dec 20, 2024

Open game licenses are interesting beasts because the fundamental concepts and mechanics of tabletop games are not protectable by any form of intellectual property. This is a particular interest of mine and one that I'd be glad to discuss in depth offline.

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1 Answer | Asked in Criminal Law and Intellectual Property for Nevada on
Q: 21 O.S. 1953, 21 O.S. 1541.1, and 21 O.S. 2001(A) - these charges has been filed against me. I took a job from Indeed

I took a job from Indeed. And I got scammed. I got proof that all of this was told by them for me to do step by step. Who can help me out this.

James L. Arrasmith
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answered on Dec 21, 2024

I'm really sorry you're going through this. Start by contacting a qualified attorney who can help you understand the specific charges and advise you on the best steps to take. They can assist in building a defense based on the evidence you have about the scam.

Make sure to gather...
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3 Answers | Asked in Copyright, Business Law and Intellectual Property for New York on
Q: My photos are being used on SHEIN without my permission. What can I do about this?

I have a small business where I sell handmade bracelets. It has come to my attention that

SHEIN used to of my photos.

David H. Relkin
David H. Relkin
answered on Dec 19, 2024

I assume that your images are on Shein's website.

So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: “Could you clarify what U.S. Patent No. 10,745,83

“Could you clarify what U.S. Patent No. 10,745,833 specifically covers in relation to the product? Does this patent apply to the design, size, or a unique functional feature of the towel? Since a towel is a common and widely available commodity, how is it possible for such an item to be patented,... View More

Sean Goodwin
Sean Goodwin
answered on Dec 19, 2024

The "Claims" section defines exactly what the patent covers. The two main ("independent") claims are:

1. A fabric, comprising:

a plurality of first material yarns; and

a plurality of second material yarns, in which the plurality of first material yarns...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for South Carolina on
Q: How a commodity like towel can be patented?

Anybody can create a towel, there is no design just blank towels. The fabric is very commonly made and used in different categories as towels. Can someone please be more specific about what the patent is describing like can we not produce these towels and sell them, is there a size patent or design... View More

Alan Harrison
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answered on Dec 18, 2024

This is a very interesting question. Answering it would require careful study of the patent and the prior art. You're not going to get a comprehensive answer for free from anyone.

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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for South Carolina on
Q: According to U.S. PATENT NO. 10,745,833, we need clarification if we are producing same towels can we import it into US

We are manufacturer of towels, as per U.S. PATENT NO. 10,745,833, we need to know that we are producing same towels in different sizes and want to export it to US. Are we allowed to import towel in US. Is this patent for printing or blank towels also need a little clarification

David Aldrich
David Aldrich
answered on Dec 18, 2024

U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, which are of varied scope. Whether... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: If I sell a coffee blend called “Goondocks Blend” am I at risk of trademark infringement?
Sean Goodwin
Sean Goodwin
answered on Dec 18, 2024

That's a great question. I highly recommend that you hire a competent trademark attorney to run a clearance search before you launch the brand. That search should take approximately 1-3 hours, depending on how many results need to be reviewed. If you get the green light, you should also... View More

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3 Answers | Asked in Trademark, Entertainment / Sports and Intellectual Property for California on
Q: How can I claim the right to use a similar band name that was previously trademarked?

The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More

Sean Goodwin
Sean Goodwin
answered on Dec 15, 2024

File a trademark application with the USPTO.

Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned...
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1 Answer | Asked in Intellectual Property on
Q: One of my friends sent me a tiktok from a private profile and I sent it out to more people is it illigal?

I got sent a video from a private profile and I sent it out to more people the video didn't contain any illicit or private information except the owners face will I be in trouble for distribuiting the video or am I in the clear since that video was posted online even if it was a private profile

James L. Arrasmith
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answered on Dec 21, 2024

Sharing a video from a private TikTok profile can raise some legal and ethical concerns. Even if the video doesn't contain illicit content, the owner has set their profile to private, which means they intended to limit who can view their content. Distributing the video without their permission... View More

1 Answer | Asked in Intellectual Property on
Q: Property purchased by mother on my name in 1962. Mother died in 1998. Younger brother claimed and suit file against it.

The property was purchased at my age of 17 yrs. Younger brother suit file that the property is Benami and the source of funding the property is from family business.

James L. Arrasmith
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answered on Dec 21, 2024

I'm sorry to hear about the challenges you're facing with your property. Since the property was purchased in your name when you were a minor, it's important to gather all relevant documents, such as the original purchase agreement, your mother's will, and any records showing the... View More

3 Answers | Asked in Bankruptcy and Intellectual Property for Virginia on
Q: Would an unfinished software app need to be disclosed in a Chapter 7 Bankruptcy?

Hello, I met with an attorney and was told I qualify for a Chapter 7. I have very few assets, I took out a lot of personal debt when trying to start a failed software business. I have closed that business and the attorney mentioned disclosing the apps that I released as assets.

Let’s say... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Dec 12, 2024

The tradeoff in bankruptcy is full disclosure in return for a discharge of debts. The debtor benefits from full disclosure, and avoids the possibility of a denial or revocation of discharge. All the schedules and statements in bankruptcy are signed by the debtor under penalty of perjury. If a... View More

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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: I am getting emails and letters about a copyright infringement from Higbee & Associates. It is a single news image.

They are requesting me provide a license or negotiate. I can also pay "settlement" of $1400. I can buy a license today for $170. My question is, can I buy a license and email them the info and be done with this? Or will they say, I didn't have it in the past and want me to still... View More

James L. Arrasmith
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answered on Dec 11, 2024

Copyright infringement claims from law firms like Higbee & Associates are serious matters that deserve careful consideration. While purchasing a current license shows good faith, it unfortunately doesn't resolve potential claims for past unauthorized use. Think of it like paying for a... View More

1 Answer | Asked in Identity Theft, Copyright, Gaming and Intellectual Property for California on
Q: Do I have a case for Unjust Enrichment, Idea Theft, Misappropriation, etc?

- I created a blueprint for a massive new game mode for a videogame

- The blueprint was hosted on my self-created website + a 3rd party platform. Some 3rd party elements were "embedded" in my site.

- The 3rd party platform had browsewrap TOS that said "author owns... View More

James L. Arrasmith
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answered on Dec 11, 2024

You're dealing with a complex intellectual property situation that intersects with contract law and technology. Based on the timeline and details you've shared, pursuing legal action could be challenging due to California's statute of limitations, which typically requires claims to... View More

1 Answer | Asked in Contracts and Intellectual Property for New York on
Q: I paid for services and they weren't rendered. What do I do?

I paid a publishing company in Oct 2023 and still haven't received my books. After tons of follow up emails every few months without many responses, it's now been 18 months since first communication and I am concerned I will not receive what I paid for. He must have responded a total of 4... View More

James L. Arrasmith
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answered on Dec 21, 2024

I'm sorry you're going through this frustrating experience. Start by gathering all your documentation, including receipts, contracts, and all email correspondence. This evidence will be crucial for any further actions you decide to take.

Next, send a formal demand letter to the...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: can I contact an inventor of a patent?

I had the same idea that one inventor patented but he if from Australia. This product doesn't look like it sold in America and I want to get in touch with him to ask him some questions. Is this possible?

Sean Goodwin
Sean Goodwin
answered on Dec 8, 2024

Yes, you can contact the inventor. Most inventors assign (i.e., sell) their patent. So, you should contact the owner of the patent instead.

If the owner of a patent in a foreign country does not have a correlating patent in the United States, then you are free to make, use, and sell the...
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1 Answer | Asked in Intellectual Property for New York on
Q: What action I can take to stop neighbor with mental health problems stop pounding/ hitting my walls every night?

Hello.

We have a neighbor, who used to watch TV on max volume every day 24/7 for years. Recently, about month ago his mental health changed and he started to break things.( TV included) because we don’t hear TV anymore but he started to hit walls with something that sounds like hammer... View More

James L. Arrasmith
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answered on Dec 21, 2024

I'm sorry you're experiencing this difficult situation. Start by keeping a detailed record of each incident, including dates, times, and descriptions. This documentation can support your case when you speak to authorities or your housing management.

Reach out to local mental...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: My friend has an Etsy shop and one of her listings got deactivated due to intellectual property infringement.

They stated it was due to 'got milk?' trademark.

The listing in question is a shirt with a design of a strawberry milk in tetra pack with words 'Delicious' and 'Strawberry Milk' in Japanese. It has a cow mascot designed like an emblem / seal.

The... View More

James L. Arrasmith
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answered on Dec 7, 2024

From your description, it seems the issue may be broader than just the "got milk?" trademark - the combination of milk imagery, cow mascot, and text could potentially overlap with their brand identity elements beyond just the specific slogan. While your friend's design appears quite... View More

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