I would like to make another attempt to market my invention. I believe my patent expired and would like to know how I can bring it up to date or does someone else now own it?
answered on May 8, 2023
If you had an issued Utility or Design patent and that patent expired at the end of the life of the patent, then that idea is part of what the public gets to use without paying patent royalties.
If your Utility patent lapsed as you unintentionally failed to pay a maintenance fee, then that... Read more »
The paintings contain nothing copyrighted or trademarked, I have not registered them. They are too numerous to afford to do so. The other person lives too far for both of us to meet to sign a document together. And I have no requirements of them. I simply wish to give the copyright away to... Read more »
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answered on Mar 29, 2023
To transfer copyright ownership to another individual, a written agreement or document is typically necessary. This agreement should clearly state the transfer of ownership, including the scope and duration of the transfer, and should be signed by both parties. While it is possible to create such... Read more »
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answered on Feb 25, 2023
If your grandfather's name has been misspelled in a patent citation, you may be able to get it corrected. The process for correcting a mistake in a patent citation varies depending on the specific situation, but in general, you should contact the issuing authority of the patent that made the... Read more »
answered on Jan 3, 2023
The application SN 74343304 (IF YOU BUILD IT THEY WILL COME) was for art prints, but was abandoned. Applications to register that mark for construction services and fitness centers were made but abandoned.
IF YOU BUILD IT THEY WILL COME is currently registered for use on apparel, but there... Read more »
I want to create a cookbook/blog with Pinterest recipes stating where I found the original I used but talk about how my version turned out while sharing the recipe. is that legal or copyrighted? I plan to take my own photos of my attempts to make the dish, the ingredients (if I change it when I... Read more »
answered on Oct 26, 2022
Your use of previously published recipes does not infringe the copyright in them, as it is "fair use" under the law. Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and... Read more »
What are the rules regarding using a copyrighted name for small business commerical use? I'd like to be able to put albums, song names, or use images from movies on clothing items - obviously with an original twist of my own, but I'd like to stay in business, too.
answered on Oct 12, 2022
These are sort of complicated and not so easy to answer questions which would require more details from your side so we can provide you more case specific answers.
In general - you can not use copyrighted logos, names, designs and so on without the consent of the copyright owner in... Read more »
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answered on Jul 26, 2022
Generally speaking, the photos you take are your own property, and can be protected by copyright. This means, as your property (IP), you can use it as you like. Some buildings can be subject to architectural copyright protection, but being a federal building (taxpayer funded), I would feel... Read more »
I am the founder and president of a non-profit organization, registered in Missouri since 2019. A former board member has stolen the intellectual property of the organization and is using the organization's name for personal use. They have removed my access to the domain name in the... Read more »
answered on Jun 4, 2022
The devil is going to be in the details on this, and there are probably dozens of follow-up questions that a nonprofit attorney (which I am) or an intellectual property attorney (which I am not) would ask you. But here are some thoughts.
This type of situation often arises when two or more... Read more »
I want to make my own cards for people to support their loved ones who are coming out as part of the LGBT community. However, other people are already doing that. Since that idea is so specific and unusual, could someone copyright that type of card? Or can anyone make any type of card as long as... Read more »
answered on Dec 27, 2020
The second. You can not protect the concept. You can only protect the content, its substance and look and feel. So you can protect the combination of words, in a specific style, graphics, artistic elements.
They need to be unique.
Consult with an attorney.
answered on Nov 4, 2020
I recommend contacting a Family Law attorney to discuss your specific situation.
I am looking to write a musical and I would love to write a musical based on the cartoon Danny Phantom. I noticed that there is a trademark on Danny Phantom. So I was curious if I could use the name Danny Phantom and attach Musical to it, while also using the likeliness of characters in the... Read more »
answered on Jul 26, 2020
The biggest thing that you have to worry about is probably copyright because you would be making a derivative work by making a musical. Viacom has the registration for the show, and when you adapt and derive content from one medium into another, you need a license from the respective owner(s).... Read more »
My business is in the US. The other person's business is in Israel. Both of us use a similar name and web address ( I registered my domain a year before. He added a hyphen.) He got his business running before I did. Neither of us have applied for trademarks but both would be operating similar... Read more »
answered on Dec 30, 2019
In general trademark protection is territorial
if they are not selling the same products under the same brand in the same territories, both may be able to coexist
if they are selling in the USA, they can claim rights over the brand, even if it is not registered
consult with... Read more »
My wife and her business partner own their own photography company and were wanting me to dress up as the Grinch and photograph other people with the Grinch during Christmas. Obviously they would be paid for their services. They read somewhere about a photographer being sued by Dr Seuss and... Read more »
answered on Oct 7, 2019
You could repost your question and add Intellectual Property to your categories. Attorneys who work in that area would be likelier to recognize the issues that concern you than ordinary Business Law/Business Formation attorneys. Good luck
Tim Akpinar
I've been selling Nordic Naturals Ultimate Omega 180 gelcaps for a few years. I typically buy from ebay and then sell them for more on Amazon. Therefore, I'm not an "authorized" seller to Nordic Naturals. Since I bought these items legally on ebay, is this still a violation... Read more »
answered on Nov 30, 2018
It might still be trademark infringement. Just because you purchased the item on eBay doesn't mean it's a genuine product, or that your listing isn't causing consumer confusion. The eBay seller may be selling fakes or knockoffs. If so, then re-selling them on Amazon may be trademark... Read more »
I made a "bunch" of Harry Potter robes for 18 inch dolls and put them on my esty shop. I listed them AS "Harry Potter robes for 18 inch dolls". After a week or so a spokesman for Warner Bro. submitted a notice of trademark infringement and Etsy took down the robes. IN that... Read more »
answered on Oct 5, 2018
Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry... Read more »
I contacted the publisher and they are not willing to do anything. What are my options?
answered on Nov 13, 2017
Unfortunately, this happens to good researchers by bad bosses way too often, both in academia and in industry. I am sorry that it happened to you.
If you are a grad student or a post-doc, and you'll eventually need your boss's recommendation to get a good job down the road, it... Read more »
I am an artist wishing to sell posters with quotes from Marcus Aurelius' "Meditations". However, I would like to use the wording from a translation published in 2003. Is it legal for me to do this without compensating the publisher or translator?
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answered on Feb 25, 2017
There are two issues here: (1) derivative work of something in the public domain, and (2) whether a short phrase or quote is even subject to copyright protection.
(1) If an original work enters the public domain, this does not cover derivative or subsequent works based on that original... Read more »
answered on Dec 15, 2010
Yes, you can, by going to uspto.gov. However, unless you are familiar with the regulations of the Trademark Office, your application may be rejected.
Paul Overhauser
317 891-1500
www.overhauser.com
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