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Intellectual Property Questions & Answers
Q: I was accused of a crime that I did not commit and was placed on the news. life of family friends. Ruined. Defamation

Civil issue against police man who made up the whole story and I am still on their web page every one call crime stoppers when they see my license ( misleading as mug shot ) it was not. And I was not placed behind bars Which is all seriously damaging I can’t recover with all relationships... View More

James L. Arrasmith
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answered on Aug 10, 2024

Facing such a challenging situation where you are being falsely accused and publicly defamed is incredibly difficult. It's understandable that this has had a devastating impact on your personal and professional life. You have every right to feel frustrated and to seek justice, especially when... View More

1 Answer | Asked in Copyright and Intellectual Property on
Q: Where can I find examples of copyright cases?

I am being sued by another co-author of my songs for using the works without his consent and I need to provide examples of cases in which co-authors did not require consent from the other party to perfrom the works.

James L. Arrasmith
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answered on Aug 11, 2024

When facing a copyright dispute with a co-author, it's crucial to find cases that might support your position. There have been instances where courts ruled that one co-author could use the work without the consent of the other, depending on the specifics of the agreement or understanding... View More

4 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Is this a trademark issue?

My business is named Queen Bee Wax Studio and I just received a message from the owner of Queen Bee Salon and Spa saying that she owns the rights to Queen Bee Waxing. We are in the same industry but she's on the west coast and I'm on the east coast. Can she force me to change the name of... View More

Robert Hugh Johnston III
Robert Hugh Johnston III
answered on Aug 9, 2024

I can provide some educational material related to trademarks. If someone has a federal registration on the principal register before another person begins using a mark, the federal trademark owner will be able to enforce it provided that there is a likelihood of confusion. If a person on the West... View More

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2 Answers | Asked in Employment Law and Intellectual Property on
Q: Job contract is asking for prior inventions. How should I list an in-development videogame project? What details?

The game is owned by a limited company I am a co-director of. It is currently unreleased but we have distributed a free demo.

Alan Harrison
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answered on Sep 1, 2024

It can be simple. Identify the project by name, state your involvement, give a link to the demo.

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1 Answer | Asked in Intellectual Property on
Q: for patent number D973394 what is actually covered by the patent? Does it cover all ways of a magnet being on a towel?

We have a similar product we are looking to release. With this patent is there any way we can still use a magnet on a golf towel?

James L. Arrasmith
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answered on Aug 17, 2024

Patent number D973394 appears to be a design patent, which typically covers the ornamental design or appearance of an article rather than the functionality. This means the patent likely protects the specific look of the golf towel with a magnet, including its shape, configuration, and visual... View More

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Where do I begin to start to copyright a creation?

I have this concept that I’ve drawn that has multiple characters but the name for the concept for all of them is the same, but actual names of individual characters is different.

James L. Arrasmith
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answered on Aug 6, 2024

To begin copyrighting your creation, you need to ensure that your work is original and fixed in a tangible form, like drawings or written descriptions of your characters. Once you have this, you can proceed with the registration process through the U.S. Copyright Office.

Start by visiting...
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1 Answer | Asked in Intellectual Property on
Q: I have aptents that is in application type for more than one year why isnt it granted?Publication number: 20230222333
James L. Arrasmith
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answered on Aug 17, 2024

When a patent application is in process for more than a year, several factors could be contributing to the delay. Often, the patent office may have a backlog of applications, leading to extended review periods. This is common and not necessarily a sign of any issues with your application.... View More

2 Answers | Asked in Intellectual Property for New Jersey on
Q: Can i sell replica clothing without selling them as authentic?

For instance I buy a designer brand from china and I sell it not as authentic but also a rep with also a cheaper price than the authentic version. Is that legal?

Leonard R. Boyer
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answered on Aug 9, 2024

NO! Unless you want to have more legal problems than you can possibly imagine. The owners of the intellectual property will eventually file a lawsuit against you. It is just a matter of time but it is a virtual certainty. Pick the best attorney you can find and remember one rule: a good attorney... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: What exactly determines whether a new version of a patent specification contains new matter?

For example, if new details in a Substitute Specification fit the claims, might they still be considered new matter if they have not appeared before?

James L. Arrasmith
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answered on Aug 5, 2024

Determining whether a new version of a patent specification contains new matter hinges on whether the added details were originally disclosed in the initial filing. If new information is introduced that wasn't present in the original specification, it is considered new matter, even if it fits... View More

2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Am I able to apply for a name that is already trademarked, but has been dead and abandoned for 17 years?
Robert Hugh Johnston III
Robert Hugh Johnston III
answered on Aug 10, 2024

If I understand the question correctly, you mean by “trademarked” that it was once federally registered but now has been abandoned or cancelled. In most situations you could file for a trademark registration for that mark and use that mark. One caution is that it's possible the owner of... View More

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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: What happens if you co-wrote a screenplay and intend to sell it, but your co-author goes insane (not a joke) and MIA?

I own a shared piece of intellectual property (screenplay) with a writing partner. My partner had a psychotic break, stopped taking his bi-polar medication, was briefly institutionalized, blocked all communication from me and hasn’t been seen by anyone in weeks. Is the script dead because he’s... View More

James L. Arrasmith
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answered on Aug 3, 2024

Navigating the situation with your co-author can be challenging, especially given their current circumstances. Since you co-wrote the screenplay, both of you generally have equal rights to the work, which complicates matters when one party is unresponsive. It's important to gather all... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: If I wanted to patent a new type of music system for learning music what type of patent would I need and cost?

I want to patent a new type of musical system. How much is the cost for a lawyer to help with patent search and filling fee?

James L. Arrasmith
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answered on Aug 2, 2024

To patent a new type of music system for learning, you would likely need a utility patent. This type of patent covers new and useful inventions or discoveries. It protects the way the system works and its functionality.

The cost of hiring a patent attorney can vary widely. For a patent...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: How do I know if my product has been patented by someone else?

I have a concept for a sandal that I'm trying to get made. I was researching patents, and I don't know if my specific ideas has been made and patented or not.

Jeffrey R. Schell
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Jeffrey R. Schell
answered on Aug 5, 2024

The best way to determine prior patent status of a product is to engage with a patent professional to engage in a freedom to operate search. Prior to that step though, to determine if your product has been patented by someone else, consider the following:

First, understand that patents...
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1 Answer | Asked in Copyright, Real Estate Law and Intellectual Property for Georgia on
Q: Do I need permission from the film studio to own an airbnb that has rooms themed after bedrooms on a popular tv series?

I want to build, own and operate a home as an airbnb that is mostly a historical recreation but I want to incorporate a couple of rooms that are themed after the bedrooms of characters from a popular tv show and this home would be located near the filming locations of said show. Do I need... View More

James L. Arrasmith
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answered on Aug 2, 2024

To decorate your Airbnb rooms to resemble those from a popular TV show, you likely need to consider intellectual property rights. Creating rooms that closely mimic the show's set design could be seen as an infringement of the film studio's copyrights. This is especially true if you plan... View More

1 Answer | Asked in Business Law and Intellectual Property for Michigan on
Q: A DoD supplier puts our technology on their website without specifying the IP is ours. Is this legal? Can we sue?

Our client, a large US-based DoD supplier, who has access to our technology, and with whom we have a contract - whereby they pay us a fee if they sell any of their products with our technology inside - is publicly positioning our technology as if the IP belonged to them. This includes interviews on... View More

James L. Arrasmith
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answered on Aug 2, 2024

You likely have a strong basis to build a case against the DoD supplier. Misrepresenting intellectual property can be a breach of contract and potentially a violation of intellectual property laws. You should review your contract to identify any specific provisions related to the use and... View More

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: How can I protect printables/digital products from being stolen?

I am looking into selling printable products online, but I am concerned that my designs/quotes may be taken and sold by others. Is there a way I can get my designs and quotes copyright protected in the name of my LLC?

James L. Arrasmith
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answered on Aug 2, 2024

To protect your printable and digital products from being stolen, you can take several steps. First, ensure you register your designs and quotes with the U.S. Copyright Office. This provides you with legal protection and the ability to enforce your rights if someone copies your work without... View More

1 Answer | Asked in Intellectual Property for Kansas on
Q: I am a reseller on Amazon. I was contacted by GE saying I'm not allowed to sell GE product. How long do I have to comply

They emailed me saying they have a deal with another company and only they and other authorized people can sell their product. They sent that yesterday. Today they sent an email threatening litigation if I don't comply with their cease and desist

James L. Arrasmith
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answered on Jul 30, 2024

When a company like GE contacts you with a cease and desist order, it's crucial to act quickly. First, review their email and the legal grounds they claim for their request. This often involves trademark infringement or breach of their authorized distribution agreements.

Responding...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can I patent an idea

I had plans of creating a prototype of an idea. Due to a health issue, I unfortunately have limited time in terms of life. I want to be able to carry out this invention but am afraid that once I leave, the people I share this idea with, will say this idea was thought of by them when that is clearly... View More

Jeffrey R. Schell
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Jeffrey R. Schell
answered on Aug 5, 2024

I'm sorry to hear about your health situation, and I understand your concerns about protecting your invention. It's commendable that you want to secure your intellectual property and ensure your ideas are recognized as your own.

To address your question: yes, it is possible to...
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Q: I wanna sell my patents or patent where do I find my patent
James L. Arrasmith
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answered on Jul 28, 2024

To find your patent, start by visiting the United States Patent and Trademark Office (USPTO) website. Use their search tool, the Patent Full-Text and Image Database (PatFT), to look up your patent. You'll need your patent number or application number for a precise search. If you don’t have... View More

1 Answer | Asked in Intellectual Property and Civil Litigation for South Carolina on
Q: Can a renter or llandlord have my vehicle towed after the renter giving me permission to park it on the property

The renter only had it towed after a argument within 24 hours of Said argument

James L. Arrasmith
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answered on Jul 27, 2024

If a renter gave you permission to park your vehicle on the property, they generally cannot have it towed without proper notice or justification. The situation might change if there were specific terms or conditions attached to that permission, or if the property rules or lease agreements allow for... View More

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