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Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Can I sell hoodies with animated design of Donald Trump with lines like The Final Boss, The Last Emperor nd not his name

I am based in India and I wanna create and sell Trump merch to Americans as people will buy a lot of it due to upcoming elections. I am not gonna use any of his real existing images from anywhere nor am I gonna use his name anywhere on the merch and in marketing on tiktok, Instagram and Facebook. I... View More

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answered on Aug 30, 2024

Selling hoodies with animated designs of Donald Trump, even without using his name or real images, involves potential legal risks. The design you described might still be seen as a likeness or caricature of Trump. In the United States, individuals have the "right of publicity," which... View More

1 Answer | Asked in Intellectual Property for Texas on
Q: Does this patent stop somebody from making a drink with r 1,3 butanediol as the main ingredient ?
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answered on Aug 27, 2024

Whether a patent prevents someone from making a drink with 1,3-butanediol as the main ingredient depends on the scope of the patent claims. Patents typically cover specific methods, compositions, or uses of a substance. If the patent in question covers a particular formulation, method of... View More

2 Answers | Asked in Copyright and Intellectual Property on
Q: I am the author of the patent 20240212181. It was sent by my ex-employer without my permission. What should I do?

It was submitted without my permission after I left the company.

Alan Harrison
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answered on Sep 20, 2024

You could refuse to sign the inventor's declaration. This might be contrary to your previous employment agreement. It is an option but it could make trouble for you. It also might be a way to exact some extra money from your ex-employer. Good luck.

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2 Answers | Asked in Copyright and Intellectual Property on
Q: I believe someone is maliciously striking people on youtube to get rid of competition.

I take GrandTheft auto streamers and help advertise for them (Including the owner of the server). I always ask first (although I do understand verbal agreement is hard to prove) There was no defamation or slander and I use multiple streamers in one video, mash them up and create a story. I believe... View More

Alan Harrison
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answered on Sep 16, 2024

You have a really interesting set of facts. If the other party was a Connecticut resident I believe you might have a claim under Connecticut's unfair trade practices act. I do not know whether Montana has a similar statute. In the event that you decide to sue the other party, who is a Montana... View More

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1 Answer | Asked in Business Law, Gov & Administrative Law, Intellectual Property and Trademark for New York on
Q: Legality of Naming a Fragrance After a Biological Compound

Hello,

I am seeking guidance on the legality of naming a fragrance after a biological compound. Specifically, whether it is permissible to name a fragrance something like "Androstenol," which is a human sex pheromone, assuming the name isn't registered by another beauty and... View More

James L. Arrasmith
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answered on Aug 21, 2024

Naming a fragrance after a biological compound like "Androstenol" could potentially raise legal concerns, especially if the name suggests a specific biological effect or health benefit. Regulatory bodies, such as the FDA in the United States, may scrutinize such a name to ensure it... View More

2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: What Rights can I exclude over trademark name WeatherShield Inc?

My Uncle and his associates started a Company in PA Called "WeatherShield, Inc" in 1976 w/ a soon registered DBA of AllWeatherShield for phone book listings. The business was Selling and Installing Siding, windows, Doors, and Insulation Services. What Rights can I push to capture too... View More

Alan Harrison
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answered on Sep 15, 2024

Your ability to expand and protect the WEATHER SHIELD mark nationally will be affected by whether there already are other national or regional brands that have been using similar marks for similar goods or services. Your scope of protection will be limited to goods and services for which you have... View More

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1 Answer | Asked in Intellectual Property for Texas on
Q: Hi, I am trying to manufacture BLUE ROBOTICS T-200 Thruster in its entirety. Can I copy without any legal ramifications?

T-200 has a patent, but it looks like it is a design patent and I can modify the geometry while keeping all of the interfaces same. Need legal help.

James L. Arrasmith
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answered on Aug 25, 2024

If you're considering manufacturing a product similar to the Blue Robotics T-200 Thruster, you need to be cautious about potential legal risks. Even if the patent is a design patent, altering the geometry slightly may not be enough to avoid infringement if the core elements of the design... View More

1 Answer | Asked in Intellectual Property and Trademark on
Q: Can a company register RGBIC as a trademark while this word RGBIC stands for "Red, Green, Blue Independent Control" ?

RGBIC is a technology primarily used in LED lighting systems, but there isn't a single inventor associated with it.

James L. Arrasmith
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answered on Aug 19, 2024

Yes, a company can attempt to register "RGBIC" as a trademark, but there are important factors to consider. Trademarks protect brand names or logos used in commerce, but they must be distinctive and not merely descriptive of the product or service. If "RGBIC" is deemed too... View More

2 Answers | Asked in Copyright and Intellectual Property on
Q: I want to upload "Friends " series on youtube for free , how do i get a copyrights , or its legal to just upload .
Natia Kurdadze
Natia Kurdadze
answered on Aug 19, 2024

Unauthorized uploading and distribution of copyrighted audiovisual content, including but not limited to the television series "Friends," to online platforms such as YouTube, without express permission from the rights holder(s), constitutes copyright infringement.

Such actions are...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: In a patent about bacteria in a probiotic, can I claim use of any member of a genus or must the species be specified?
James L. Arrasmith
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answered on Aug 19, 2024

When filing a patent for bacteria in a probiotic, it's important to be precise in your claims. If you are claiming the use of bacteria, you generally need to specify the species, not just the genus. Patent law requires that your claim be both novel and non-obvious, and specifying a genus... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: do I need approval to rebrand a generic product to sell under my company name?

Hi, I found a generic hair beauty product that is sold as a generic product that I would like to private label. It is not sold on Alibaba. It is sold by a couple manufacturers in South America. Do I need a white label agreement to get approval to rebrand their generic product under my company name.... View More

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answered on Aug 17, 2024

To rebrand a generic product and sell it under your company name, you don't necessarily need approval from the manufacturer unless there are specific legal agreements or trademark protections in place. However, it’s good practice to have clear communication with the manufacturer to avoid... View More

1 Answer | Asked in Copyright, Gaming and Intellectual Property on
Q: Do remixed versions of songs come under the original's copyright laws?

I'm looking to make YouTube videos, but copyrighted music is pretty daunting. I want to have some background music and I'm not sure if remixes or covers can still be taken down.

James L. Arrasmith
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answered on Aug 17, 2024

When using remixed versions of songs, it's important to know that they can still fall under the original song's copyright laws. Even though a remix may change the arrangement or style, the underlying composition and lyrics are often still protected. If the original rights holders... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Indiana on
Q: Can I use my movie title that has the same name as a short film that was made on YouTube 2 years ago from the UK?

I am an independent filmmaker in Indiana and later found out late in my production there exists a short with the same title, a little video that has almost no recognition. My story is different, the only similarity is it involves a pizza delivery. I just want to make sure it's legal without... View More

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answered on Aug 17, 2024

You're allowed to use the same title as the short film on YouTube, especially since the content, story, and production are different. Titles generally aren't protected by copyright law, which means multiple works can share the same name without infringing on each other's rights.... View More

1 Answer | Asked in Intellectual Property for Oklahoma on
Q: CM Knowingly concealing stolen property with a text from the seller saying sorry they didn't know it was stolen is proof

Enough showing that I had no idea that the item purchased was stolen for a rebuttal?

James L. Arrasmith
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answered on Aug 17, 2024

If you have a text from the seller stating they didn't know the item was stolen, it could help support your claim that you were unaware of the item's origin. This shows that even the person who sold it to you had no knowledge of its status, which can back up your own lack of awareness.... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for New York on
Q: Can I get sued for using my company name VMoss Body and the other companies name is “V The Seamoss Boss”?

my company sells body soaps with seamoss. and the other company sells raw seamoss.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 10, 2024

Understanding the difference between using a name as a trademark versus simply as a business or legal entity name is crucial. Here’s what happens in each scenario:

1. Name Used as a Trademark

When a name is used as a trademark, it is intended to identify and distinguish the goods...
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1 Answer | Asked in Banking, Civil Litigation, Intellectual Property and Mergers & Acquisitions for California on
Q: I have a company that has illegal control over my technology how do I get an emergency injunction against them to stop

I have a 20 million dollar lawsuit against a company for breach of contract. They are still using my technology how can I stop them now. they are going to put that money into another account.

James L. Arrasmith
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answered on Aug 13, 2024

To stop the company from using your technology immediately, you need to file for a temporary restraining order (TRO) in court. A TRO is an emergency measure that can halt their actions until a formal hearing can be held. You'll need to demonstrate that you’re likely to win your case and that... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Hi, I have developed a prototype solution and would like to know how I can file for patent of this product.

I have developed a solution to integrate Blood Collection , distribution and stakeholders. I would like to patent this solution so that I can seek for investments to build a complete product.

Regards

Natia Kurdadze
Natia Kurdadze
answered on Aug 19, 2024

Filing a patent for your prototype solution involves several steps. Here’s a general overview of the process:

1. Determine the Type of Patent

Utility Patent: Protects the functional aspects of your invention.

Design Patent: Protects the ornamental design of your invention....
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Hawaii on
Q: How can companies legally use other patented products?

If a product is patented how are other companies able to produce similar if not identical products? For instance coconut oil is patented under 5108775 so how is it legal for thousands of brands of coconut oil using this same method? Or is it irrelevant if it is branded under something else?

Sean Goodwin
Sean Goodwin
answered on Sep 5, 2024

Patents also have a lifespan. Typically, a utility patent only lasts for 20 years from the date of filing the application. After that period, the patent enters the public domain and anyone in that country is free to make and use the technology described in the patent. The patent you referenced... View More

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1 Answer | Asked in Intellectual Property on
Q: Urgently needed; IP lawyer to sign USPTO Micro Entity Certificate on my LLC behalf

I need to asap find an IP lawyer who is authorized to practice in front of USPTO to sign Micro Entity Certificate on my LLC behalf. Urgent!

James L. Arrasmith
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answered on Aug 17, 2024

You need to find an IP lawyer who can assist with signing the USPTO Micro Entity Certificate for your LLC as soon as possible. Start by contacting lawyers who are registered with the USPTO and have the authority to practice before it. Many law firms have IP attorneys who handle patent filings and... View More

1 Answer | Asked in Copyright, Gaming and Intellectual Property on
Q: Can someone use copyrighted material (i.e., images and sounds) from a discontinued video game in order to recreate it?

There is a mod for a video game that was discontinued years prior due to the lead developer no longer wanting to spend time on it.

The frontpage now states that every assets are intellectual property of X and that redistribution of the current files could be met with legal actions.... View More

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answered on Aug 11, 2024

Using copyrighted material from a discontinued video game to recreate it can still lead to legal issues, even if the game is no longer actively supported by its developer. Copyright laws protect original works regardless of whether the game is still available or not. The fact that the developer has... View More

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