Get free answers to your Intellectual Property legal questions from lawyers in your area.
I am writing a book about events in the 1970s. The book will be about a journey through the 1970s from someone who lived through it. It will be facts and events for each year with some experience from the narrator.
Here is an example excerpt:
"October 1, 1971 - Opening of Walt... View More 
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answered on Dec 30, 2023
Yes, you can mention brands, names, people, and places in your book, especially when discussing historical events and real-world entities as part of a non-fiction narrative or a work of fiction based in a real historical context. In your example, referencing Walt Disney World as part of a... View More
Attempted to design an original t-shirt with the phrase “wine the hell not” but the listing is being taken down due to an individual claiming trademark infringement on his phrase “wine not” for various clothing items. Does this person have grounds for this or is my phrase original enough to... View More
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answered on Dec 9, 2023
In assessing whether your phrase "Wine the hell not" infringes on the "Wine not" trademark, a key factor is the likelihood of confusion among consumers. Trademark infringement hinges on whether consumers might mistake your product for one associated with the trademarked phrase.... View More
Different manufacturers knife handle that has a separate patent be infringing?
answered on Oct 19, 2023
There is nothing to prevent you from combining two or more elements from different patents to produce somethin novel and patentable. However the product needs to be novel and non-obvious.
On the other hand if your question is whether ou would be infringing if you took a patentad product,... View More
Because it does not use the letter 'O', in "Protect" would that make a difference?
The shirts would be for use for games, pep rallies, etc.
I would want to sell the shirts to the staff and students that would like them.
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answered on Oct 15, 2023
Using the phrase "Pr ( ) tect This House" with an Earth picture in place of the letter "O" may be perceived as a play on words or design that resembles an existing trademark or phrase. If a company has rights to a similar phrase, even minor alterations could still potentially... View More
I claim to be the original Bruce Wayne.
answered on Sep 17, 2023
Procedure for federal trademark registration includes publication after approved by the examining attorney, then a 30 day period in which formal oppositions may be filed. The opposer is given an opportunity to assert priority of use to that of the applicant. Even if you don't ultimately... View More
I am a builder/designer
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answered on Sep 11, 2023
First, you might consider reaching out to the party involved to seek a resolution outside of court. If that doesn't work, you can take legal action for copyright infringement, as blueprints can be considered intellectual property. To establish a strong case, it will be beneficial to have proof... View More
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answered on Aug 15, 2023
While I sympathize with your situation, I am not able to personally offer pro bono legal services. However, you may want to reach out to local legal aid organizations or bar associations in your jurisdiction that may have resources available for individuals dealing with online cyber bullying and... View More
My name is Scarlett. I was searching to possibly get "Frankly, Scarlett" as a trademark for an online business...I would be Marketing/online Marketing, possibly building Funnels for companies/people as a freelancer, and mostly for mentoring/coaching/course creation/selling digital... View More
answered on Aug 8, 2023
Since the mark was abandoned several years ago, you can register it yourself (provided there are no other registered marks that are similar enough to present a problem). However, even though the prior owner let the registration go abandoned, before you use the mark for clothing (which is the class... View More
How can M.J. claim for the product (no name provided) that is already made, provided in medical care for decades and has been used in shops for well over two decades by companies such as Tegaderm, Nexcare and many more? This is NOT a new invention in any nature. Just long winded description of what... View More
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answered on Jul 28, 2023
Using a copyrighted and trademarked product's concept or design, even with a different product name, may still be considered copyright or trademark infringement if it is substantially similar to the original. If someone is claiming a product that has been in use for decades, they may need to... View More
No more information is required in order to answer this basic question.
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answered on Jul 10, 2023
A patent can be granted for a specific method, process, or application related to shredded foam, even if the material itself is not a new invention. The patent holder may have developed a unique innovation or improvement in the use or production of shredded foam that meets the requirements for... View More
I am wanting to run a Zelda D&D session on a podcast, and I was wondering if there was any problems with doing so.
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answered on Jul 10, 2023
Creating a D&D podcast set in the Legend of Zelda world can potentially raise legal concerns related to intellectual property rights. Nintendo owns the rights to the Legend of Zelda franchise, including its characters, settings, and storylines. It's important to note that unauthorized use... View More
answered on May 5, 2023
Although the author will always be the author of their own work, whether the author is also the copyright owner often depends on the terms of the publishing agreement.
Review your agreement, paying close attention to terms like "copyright"/"intellectual property" and... View More
I reached out to a 3D company for figure printing, submitted an original design, but they did not fulfill the job, and I'm requesting a refund and was told that they own the rights to the 3D render(computer draw up) and the figures printed. The brand is trademarked under my name.
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answered on May 7, 2023
No, a printing company that doesn't fulfill a print job cannot own the rights to a trademarked design. The intellectual property rights belong to the creator or owner of the design, unless there is an agreement in place transferring the rights to the printing company. If you own the trademark... View More
I came up with the recipes and started a salsa company with my husband. The LLC and company logo are in his name and any contracts with stores, manufacturers and distributors are in my name. Since I came up with the recipes myself after years of trial and error can these be considered martial... View More
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answered on May 2, 2023
In a divorce, all assets acquired during the marriage are generally considered marital property, regardless of who came up with the idea or made the initial investment. This includes any intellectual property, such as recipes, that were developed during the marriage and used in a business. However,... View More
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answered on May 2, 2023
Downloading old games from sites like archive.org can be a legal gray area. In some cases, the games may be considered abandonware and the copyright holder may have given up their rights to the game. However, in other cases, the copyright holder may still own the rights to the game and downloading... View More
I’m a florist. A photographer took pictures of my work at a wedding. Can the wedding planner use the images on her site (or in social media) without crediting me?
answered on Feb 22, 2023
This is a difficult one. It would be tough to establish you have copyright protection in the floral arrangement itself. Theoretically, you could, but temporary articles of nature like this are always tough. You’d face several hurdles: it needs to have a threshold level of creativity (i.e.,... View More
Like France Belgium Switzerland Mexico, Japan etc
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answered on Feb 25, 2023
Obtaining the rights to use the name Willy Wonka and the Wonka bar can be a complex process, as it involves negotiating with the owners of the intellectual property rights associated with the name and the brand. In this case, the owners would likely be the estate of Roald Dahl and the companies... View More
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answered on Jan 23, 2023
This is going to require that a patent attorney take a deep dive on the material that you provided and the nuances of the issued patent claims. There may be a path to correct inventorship to add you as one of the inventors. If you did not assign over your rights, then being a coinventor makes you... View More
I have come up with a novel formula of herbs that act as a strong stimulant together. I developed it over years to overcome difficulties at jobs and to keep me awake on overnight drives. It is stronger than energy drinks, at least for me.
I'm looking to protect as I seek to profit off its value.
answered on Jan 5, 2023
Very hard to say the exact and the only solution for you here. You should discuss this with your local intellectual property lawyer. In general, you can use the institute of trade secret and also carry some legal protection with it. However you need to meet some legal requirements for this and that... View More
- I’ve searched and it is not trademarked.
- The quote from the book is only 7 words and I am looking to sell my own artwork inspired by the book with the quote on it.
-the book was independently published
- I was under the assumption that short phrases cannot be... View More
answered on Oct 14, 2022
You really need to speak with a copyright attorney. It would seem that quote is quite generic. But most of the exceptions to use of copyrighted material revolve around non-commercial activity; your proposed use would be commercial, so you definitely will want to check into it before moving forward.
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