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Minnesota Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Trademark for Minnesota on
Q: Trademark Help

I just started a business doing cases for mobile device, gaming consoles, tablets, etc. I just found out today a direct competitor has the same domain name as me but adds a few characters to the end of his URL. We are both ecommerce and both sell basically the same product. I know he does not have... View More

Benton R Patterson III
Benton R Patterson III
answered on Feb 6, 2018

You are not necessarily in the wrong here. The two marks may be distinguishable. Although, its difficult to say without knowing the exact names. It is also possible the other user may have surrendered its rights by not enforcing its mark. An attorney would need to know all the facts to make a... View More

1 Answer | Asked in Business Law and Intellectual Property for Minnesota on
Q: I brought my own CAD software and computer to use at work after signing an NDA with a new employer. Is the NDA valid?

More specifically the CAD software is pirated and unlicensed and has been used in engineering and designing products for a manufacturing business.

Andrew Zulieve
Andrew Zulieve
answered on Jan 31, 2018

Yes.

0 Answers | Asked in Employment Law and Intellectual Property for Minnesota on
Q: I was recently layed off from my employer and I have been asked to sign a severance agreement but have an issue, below.

The company paid for my Masters program in computer science and now wants ownership of the rights of my Masters project work. This work had nothing to do with the companies business (I came up with the idea on my own) and I did all the work on my own time. Does the company have rights like this to... View More

1 Answer | Asked in Copyright and Intellectual Property for Minnesota on
Q: Laws that protect intellectual material.

I am a Realtor out of MN and owner of twincitiessold.com, my real estate blog and advice website. The website 'Help a Reporter Out' (HARO) allows journalists to ask questions to experts about a variety of topics. One of the only reasons people answer these inquiries is to get PR exposure... View More

Will Blackton
Will Blackton
answered on Sep 25, 2017

Generally, websites contain their own terms of service, determining the rights you grant to the website when you post content. HARO is no different, according to their terms of service (https://www.helpareporter.com/terms-of-service/?nav_location=footer):

5.4. You hereby grant HARO a...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: Is it legal to use verses from the bible on "print on demand items" to sell online? Do I need a license? I live in MN.
Will Blackton
Will Blackton
answered on Aug 29, 2017

It depends on what version (edition/translation) of the bible you're quoting.

The ancient versions of religious texts are almost certainly in the public domain, and freely usable. However, any quote you're likely to come across in the "print on demand" context is...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: do i need to ask approval to use a trademarked name in the title of a mobile app or can i disclaim we're not associated?

i'd like to create a study guide app for a certification exam but am not sure if i need approval from the certification body to use it in the name / description...or if i can just disclaim that the app isn't associated with the certification body and i'd be clear?

Lucas Wynne
Lucas Wynne
answered on Jan 25, 2017

You need approval.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: I am interested in pitching a recovery technique/business model to a large fitness conglomerate. Do I need patent?

I am concerned my intellectual idea may be stolen and replicated as this corporation is needed to provided initial capital to develop the business idea which may then be able to be self-sufficient if the idea is successful.

Lucas Wynne
Lucas Wynne
answered on Aug 7, 2016

I am not a patent attorney, but you cannot patent an idea - it has to be an actual invention/product. With that being said, you can retain an attorney to draft a contract that would offer you some protection in the event your idea was stolen.

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1 Answer | Asked in Intellectual Property for Minnesota on
Q: We want aprons for our cooking group for us to wear, and we have the same name as a remodeling company.Is this an issue?

We have a speperate logo

We are not selling them

We are just a group of ladies cooking together, wanting aprons

Mr. Ilya Libenzon
Mr. Ilya Libenzon
answered on Sep 13, 2011

If you want to use your own logo on aprons that are used by a remodeling company that has the same name as your cooking group, then you will be fine as long as you cook some delicious food - just don't use their logo/trademark on your aprons to be on a safe side.

2 Answers | Asked in Intellectual Property for Minnesota on
Q: A book I wrote was pirated and published in Russia, selling 15,000 copies. Is there anything I can do?
Robert Douglas Kane Jr
Robert Douglas Kane Jr
answered on Dec 19, 2010

Yes, there may be something you can do. There are protections for unauthorized use. Here is a publication from the US Copyright Office.(http://www.copyright.gov/circs/circ38a.pdf). Obviously, you will need to evaluate your chances of being able to obtain a judgment and collecting it.

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