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Intellectual Property Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Intellectual Property and Small Claims for California on
Q: How do I go about this situation?

Hi, I purchased a car June 29th with no title. However the seller gave me smog certificate, DMV Bill Of sale Signed, & a dmv title replacement form filled out. I went to AAA to try and get the vehicle title transferred with all the paperwork I have minus the title. They tell me that the car is... View More

James L. Arrasmith
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answered on Jul 24, 2024

In your situation, the first step is to contact the seller again and request the proof of lien release from CarMax. Make it clear that you need this document to proceed with the title transfer and registration. If the seller is unresponsive, you might consider sending a formal written request via... View More

0 Answers | Asked in Intellectual Property for Georgia on
Q: How does one protect their new startup IP from pre-existing IP agreements with current or previous employers?

If new startup founders, co-founders, or associates (either contractors or employees) have a signed IP agreement in effect with their current employer, which claims sole exclusive rights to any intellectual property, inventions, etcetera, that they work on either during or outside of business... View More

0 Answers | Asked in Intellectual Property for Illinois on
Q: My ex won't return my car. The title and the loan is in my name and he is refusing to return the car. What can I do?

I took out a loan for the car. I allowed him to use the car with the agreement that he would pay the insurance and the monthly payments on the car. In which he has done neither. I gave him the option to return the car or pay the car off in order to keep the car. He keeps saying he's going to... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: A trademark has never been used in commerce, and is only being renewed as an "investment for his kids"

Trademark is "Hannifin", currently registered for international class 025, US class codes 022, 039. By all accounts, it was abandoned. There isn't even a website. The image used to "prove" its use in commerce was a one off embroidery design, and was never sold. On top of... View More

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answered on Jul 20, 2024

You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: Trademark Infringement Plausibility? Don't want to screw the pooch.

We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More

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answered on Jul 19, 2024

When considering relaunching a brand/product inspired by an existing one, it's crucial to ensure that you are not infringing on any existing trademarks or intellectual property rights. Even if the original product has not been sold in the U.S. for the past five years and the trademark is in... View More

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1 Answer | Asked in Trademark and Intellectual Property for Arkansas on
Q: I am selling fall candles, can I use "Autumn Walk" on my candle? The word “Autumn” itself is trademarked in candles.

I am looking at selling some of my homemade fall candles. It is considered trademark infringement to describe/name my candle with the word "Autumn" within my candle descriptive name with other words added to it? For example, if I named my candle "Autumn Walk" is that... View More

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answered on Jul 19, 2024

Using "Autumn Walk" for your candle could potentially be considered trademark infringement. The term "Autumn" being trademarked by Bath and Body Works for candles means they have exclusive rights to use it in that context. Adding another word like "Walk" might not be... View More

1 Answer | Asked in Trademark and Intellectual Property for Tennessee on
Q: Can I claim a trademark with status: 606 - abandoned - No Statement Of Use Filed. How much will it cost me?
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answered on Jul 19, 2024

You can potentially claim a trademark that is listed as "abandoned - No Statement Of Use Filed," but you would need to refile for the trademark yourself. An abandoned trademark is one that the previous applicant did not complete the required steps to maintain.

You would need to...
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1 Answer | Asked in Entertainment / Sports, Intellectual Property and Internet Law for Texas on
Q: Is it legal to make amateur pornography and upload it in Texas?
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answered on Jul 20, 2024

Creating and uploading amateur pornography in Texas is generally legal, provided that all participants are consenting adults. It's crucial to ensure that everyone involved is over the age of 18 and has given explicit consent to be filmed and have the footage distributed. Failure to verify ages... View More

3 Answers | Asked in Copyright and Intellectual Property on
Q: Does It infringe to use the word "dummies" - internationally recognised - but preceded by other languages' preposition?

The "for dummies" phrase is registrered, for editorial purposes.

But it also became a common language espression, internationally known in many languages, so fare.

What about using the preposition in other languages (i.e. : "pour dummies" in french)? Using it in... View More

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answered on Jul 18, 2024

Using the phrase "pour dummies" in a book title could potentially infringe on the trademarked "for dummies" series. Trademarks are protected to prevent consumer confusion, and using a similar phrase might imply an association with the well-known series. This protection applies... View More

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3 Answers | Asked in Copyright and Intellectual Property on
Q: Can i create a online course on rational recovery without permission?

There is a book and method called rational recovery for quitting alcohol addiction. It is known and famous. I was wondering if I could freely use the idea and use it to create a course on Food addiction or no?

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answered on Jul 18, 2024

Creating an online course based on the Rational Recovery method for food addiction involves some legal considerations. While you can draw inspiration from the concepts, directly using the name "Rational Recovery" and its specific methods without permission might infringe on copyright or... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Is it legal to design and sell my own Caitlin Clark t-shirts? Are there any trademark or copyright issues?
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answered on Jul 18, 2024

Designing and selling your own Caitlin Clark t-shirts could potentially involve trademark and copyright issues. Caitlin Clark, as a public figure and athlete, may have her name, image, and likeness protected under trademark law. Using her name or likeness without permission could lead to legal... View More

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2 Answers | Asked in Copyright, Intellectual Property and Gaming on
Q: Am I responsible for copyright infringement if i have writen permission from someone but they lied about owning it?

I would like to know If i put my game in a kickstarter and a reward tier says i can put a backers character in the videogame and but they sign a waiver to say that they own the rights to their character and give me permission to use it and that if its not theirs they will be held responsible and... View More

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answered on Jul 18, 2024

If you include a backer's character in your game based on their signed waiver claiming ownership, you might still face legal issues if they lied about owning the rights. The waiver can help protect you, but it doesn't completely absolve you of responsibility. Infringement liability could... View More

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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: Is the name Warhorse copyrighted patented or protected from me using it for my new company or Warhorse production
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answered on Jul 18, 2024

The name "Warhorse" could be protected under trademark law if it is already in use by another company or individual in a related industry. To determine if it's available for your new company or Warhorse production, you should conduct a thorough trademark search. This can be done... View More

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2 Answers | Asked in Intellectual Property, Trademark and Copyright for New York on
Q: "Can I sell T-shirts with images of President Donald Trump in the U.S.? Will it violate any regulations?"
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answered on Jul 18, 2024

Yes, you can sell T-shirts with images of President Donald Trump in the U.S. Generally, using the image of a public figure like a president is allowed under the First Amendment, which protects freedom of speech and expression. However, you should ensure that the image you use is either in the... View More

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3 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: I want to print personal wear of evangelion characters and logo. I do not want to make a business out of it. I’m I able?
Mr. Robert Z. Cashman
Mr. Robert Z. Cashman
answered on Jul 18, 2024

The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.

In the U.S., the "Fair Use...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: can I use the name "Tiny Desk Publications' for my Amazon KDP company?
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answered on Jul 18, 2024

Using the name "Tiny Desk Publications" for your Amazon KDP company could potentially lead to legal issues if there is already an existing company or trademark with a similar name. It's crucial to conduct thorough research to ensure that the name is not already in use or trademarked... View More

1 Answer | Asked in Intellectual Property on
Q: I have some patents that are still in application and not granted, why is that?

I have some patents that are still in application and not granted, why is that?

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answered on Jul 18, 2024

Patents can remain in application status for several reasons. The patent office may still be examining your application, which can be a lengthy process. This includes reviewing your claims, checking for prior art, and ensuring that your invention meets all legal requirements.

Another common...
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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

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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 Copyright and Intellectual Property for Florida on
Q: Is it legal to sell used soccer jerseys for England and Spanish teams ?
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answered on Jul 18, 2024

Yes, you can sell used soccer jerseys for England and Spanish teams as long as they are authentic and not counterfeit. The key is ensuring that the jerseys are genuine and that you are transparent about their condition and authenticity.

If you purchased these jerseys legally and they are...
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1 Answer | Asked in Intellectual Property on
Q: Why are my patents 20230222333 and 20220375461 and still application and not granted

I filed these patents 20230222333 and 20220375461 they are still in application and have not been granted. Why is that?

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answered on Jul 18, 2024

Patent applications can take several years to process before they are granted. The time it takes depends on many factors, such as the complexity of the invention, the backlog at the patent office, and how quickly you respond to requests for more information.

Your patents, identified as...
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