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New Jersey Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property for New Jersey on
Q: Creating content for brand with an end card that says 'brought to you by'. Content includes pics of athletes. Doable?

Working with a non-sponsor brand to create content that includes athlete image and stats, and then the graphic will have in association with. Was wondering if there was an issue here. What if the image of the athlete is in art form?

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

Short answer: Yes, there are issues.

Longer answer: There are several issues that need to be carefully evaluated in your situation. First is the right of publicity. The second is potential copyright implications both for the photos and any stylized/artistic rendering of a person. Trademark...
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2 Answers | Asked in Intellectual Property for New Jersey on
Q: I was told that the story I wrote has copyright automatically attached to it. What are the benefits of registering

copyright then?

Tim Akpinar
Tim Akpinar
answered on Nov 14, 2018

The U.S. Copyright Office addresses this issue in its bulletin, Copyright Basics. Here is a link:

https://www.copyright.gov/circs/circ01.pdf. If you are seeking guidance beyond general information, you could consult with a copyright attorney.

Tim Akpinar

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1 Answer | Asked in Intellectual Property and Trademark for New Jersey on
Q: trademarks question

If i have a LLC in NJ and its called 123abc, can someone trademark it and steal it from me? the business does work globally.

would i be able to win the trademark back? Should I be safe and get it now?

Nyasha A. West
Nyasha A. West
answered on Aug 10, 2018

Because your use of 123bc pre-dates any future trademark filings of the same name, the individual or company attempting to register the mark would not be able to sue you for infringement.

Further, the filing of a trademark application requires evidence of the mark’s use in commerce....
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1 Answer | Asked in Intellectual Property for New Jersey on
Q: Can I copyright a recipe?
Jason Brooks
Jason Brooks
answered on Apr 13, 2018

Copyright law does not protect recipes that are mere listings of ingredients... Copyright protection may, however, extend to "substantial literary expression"—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes,... View More

1 Answer | Asked in Intellectual Property and Landlord - Tenant for New Jersey on
Q: Are the landlords responsable for car damage inside of the property that I am renting?

Somebody hit my car while it was parking in the garage at the house I rent.

Marcel Wurms
Marcel Wurms
answered on Jan 22, 2018

It's hard to say with so little facts. If the landlord somehow contributed to the accident by overcrowding the garage, or by putting the spaces too close together, perhaps.

You should consult a local attorney.

Disclaimer: The provided information is for informational...
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2 Answers | Asked in Divorce and Intellectual Property for New Jersey on
Q: I divorce my husband and have 2 properties but these properties have judgements from a business he owned. what can i do

My ex had judgments against him that i was unaware of when we divorced. Now I have 2 homes that I thought have equity in them based off of the mortgages but I can't refi or get any equity out with the judgements attached. What can be done. I was awarded both properties in the divorce..

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2017

Only a mortgage foreclosure defense and matrimonial attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in-person consultation. You need to retain the... View More

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1 Answer | Asked in Intellectual Property for New Jersey on
Q: How it's possible my previous company to file application for US patent (Pub.number: 20140207500) without my consent?

As an Inventor in 2006, I have prepared and signed 2 patent applications. The company was assignee, because I signed those papers to transfer my rights for Intellectual property to the company. One Patent number: 8712809 was granted in 2014, 5 years since I left the company.

Griffin Klema
Griffin Klema
answered on Sep 19, 2017

Answer: The application (publication no. 20140207500) is a continuation of the prior patent application (no. 11/502,361), which in turn claims priority from a provisional application (no. 60/707,146).

Because a continuation is not a "new" invention, no additional declaration or...
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Q: Are USB C Hub Devices with 4 to 8 ports patented?

I intend to sell usb c hub devices on amazon. I see bunch of sellers there but i was wondering if there are any patents that could pose legal issues if i decide to sell this type of products:... View More

William C. Head
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answered on Aug 12, 2017

If you have violated another person's intellectual property rights, by making the devices that you are selling, yes you can be in violation of criminal laws, and subject to very harsh financial penalties (under civil aspects of patent violation or copyright laws) and possible jail time.... View More

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2 Answers | Asked in Business Law, Copyright and Intellectual Property for New Jersey on
Q: If re-sell clothing with a copyrighted name on it but that name is an Acronym, can i still get in trouble legally?

I want to re-sell unofficial BTS clothing. BTS (Bangtan Seonyeondan) is a Korean Boy band. They are owned by the Korean record label Big Hit Entertainment, the copyright holding company. Big Hit succesfully copyrighted "BTS" in the US in April. I'm not worried about trademark... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Jul 20, 2017

If they have a registered trademark in the US on the acronym for the band, selling t-shirts with that TM would be infringement. You should ask for a license since you indicate they do not sell merchandise. Whether a "reseller" or with a website disclaimer, the business you describe would... View More

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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for New Jersey on
Q: Starting a sports league with a unique format. Can Intellectual property help protect the format from being copied?

I have a concept for a track and field league that I'm putting together with a unique format. Before I put it fully together I wanted to know if I could protect the idea so it can't be copied by others. It's a different system then a normal track meet .The events will be the same but... View More

Will Blackton
Will Blackton
answered on May 16, 2017

I will not speak to patent protection, as that's outside of my practice area. Copyright law will protect the expression of your ideas or rules, that is, the creative organization of words used to write the rules, but not the underlying ideas or rules themselves. Trademark law will protect... View More

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1 Answer | Asked in Copyright, Immigration Law and Intellectual Property for New Jersey on
Q: citizenship application, possibility of deportation??

i was detained 4 years ago on my way back from canada to the usa, and i had a little bit of marijuana in my bag, officers found it and i was detained for about 1 to 2 hours then they let me go saying that the amount wasn't enough to get me arrested, my question; will i be deported if i applied... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2017

Your past can have an adverse effect on the possibility of becoming a citizen. There are 3 main consequences of drug convictions for non-citizens, which include, deportation, denial of admissibility into the United States, and denial of citizenship. Drug related crimes are considered crimes of... View More

1 Answer | Asked in Intellectual Property for New Jersey on
Q: What does it mean when a trademark is abandoned? Like The Golden Girls here: https://trademarks.justia.com/784/12/golde

We are curious as to why the trademark of the golden girls shows as abandoned. Is it still legally owned by Disney?

Emmanuel Coffy
Emmanuel Coffy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 10, 2016

When a trademark is abandoned, the trademark owner may no longer claims rights to the trademark. In effect, the trademark reverts to the public domain and as a result is available to new users. Once a trademark is abandoned, no "good will" remains in the mark. As such, claim of residual... View More

1 Answer | Asked in Intellectual Property for New Jersey on
Q: T shirt design with race track map= infringement?

I am looking to design a few t shirts for sale that includes the map of auto race tracks. These tracks include Circuit of the Americas, SPA and Monza. Would this be an infringement of the t shirts only feature the map with the name of the track?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2016

It could certainly be viewed that way. You need to take the proposed design to an IP attorney for a personal consultation. Good luck.

1 Answer | Asked in Intellectual Property for New Jersey on
Q: Does my blog infringe on any copyrights, or does it qualify as fair use? www.belikehemingway.com
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2016

Without more facts it cannot be determined. You should at least have a consultation with an IP attorney who can advise you accordingly. Good luck.

1 Answer | Asked in Intellectual Property for New Jersey on
Q: My website/logo disigner 'copyrighted' the logo I'm 'trademarking' what should I do ?

I'm Not really sure about it but that's what appear on 'our' website

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 8, 2015

Your lawyer would have to review the agreement you made when you contracted to hire the website/logo designer.

2 Answers | Asked in Intellectual Property for New Jersey on
Q: When writing a disclaimer for my website/online service , how careful do I need to be to avoid plagiarism?

Yes or No. Is it possible to plagiarize a disclaimer? Regardless of if I have it written by a lawyer or not, so can someone say my disclaimer is plagiarized if it is similar to another services disclaimer?

(I understand I should and will have a lawyer write this for me, but my question... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2015

Your disclaimer, like anything else on a website, must have very precise legal language and the failure to do so could be very problematic. Good luck.

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1 Answer | Asked in Entertainment / Sports and Intellectual Property for New Jersey on
Q: How much does trademark cost
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 22, 2015

http://www.trademarkplus.com/promo/trademarks/trademark-cost-of-trademark-name.asp?afid=g109

That is just one result from a simple internet search.

1 Answer | Asked in Intellectual Property for New Jersey on
Q: Can I sell a product with the word selfie but spelt a different way? Or maybe add more letters?

Selfieee

Selfiee

Selfieeee

Sellfie

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2015

You should research the status of the term "selfie". You can consult an IP attorney if you are concerned. Good luck.

1 Answer | Asked in Intellectual Property for New Jersey on
Q: How do I get the law to punish an individual who has lied in several DMCA counter notifications?

He lied and said he hasn't stolen my work when in fact, he has. I have proof of it. My work is on file with the US Copyright Office. I am not out any money but I would like to see him answer for lying. Do I need to press charges in criminal court? Do I take him to small claims court? Do I... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 17, 2015

You will need to first have a cease and desist letter sent to the person and then file a lawsuit for the violation of your copyright. I suggest hiring an IP lawyer its your only real option.

1 Answer | Asked in Intellectual Property for New Jersey on
Q: I bought some beauty products at a stall in a mall. I.m reselling it online the company of the product send me a notice

they will sue me for bad infringement of their intellectual property. I have nothing with them. Can they really sue me for reselling something i bought, that i want to sell further? on ebay or amazon

Changi Wu
Changi Wu
answered on Jan 5, 2016

If you purchased a proprietary product in the U.S. from the proprietary right owner's authorized dealer and resold it, your sale might be protected under the first sale doctrine, which means the right owner has exhausted his right after he sold the product. However, if the mall stall is not... View More

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