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Ohio Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Can I use a fraternity hoodie in a pornographic film that I sell for profit?

filming would take place in Illinois

James L. Arrasmith
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answered on Oct 16, 2024

Using a fraternity hoodie in a pornographic film that you intend to sell for profit involves several legal considerations. Fraternity hoodies often feature logos, symbols, or designs that are protected by copyright or trademark laws. Unauthorized use of these elements can lead to infringement... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Ohio on
Q: I don’t want to infringe on this patent. If my system does not attach to shelf and does is not adjustable in depth would

Patent Claims

1. A method for wire shelf restoring by altering the visual aesthetics of a wire shelf comprising:

providing a top surface covering capable of defining a plurality of depth dimensions;

adjusting the depth of the top surface covering to a predetermined shelf... View More

Sarah Teresa Haddad
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answered on Oct 14, 2024

To directly infringe a method patent claim, a person must have practiced all the steps of the claimed methods. Hence, if the referenced method, is the full method in that particular claim, you will not infringe it if not all of these steps are carried out. If another party under your direction... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: I received a copyright with a made up word & illustration, then found out someone has a trademark on a similar word, am

Am I protected with my copyright or does the trademark override my copyright?

Sean Goodwin
Sean Goodwin
answered on Sep 26, 2024

Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.

In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be...
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1 Answer | Asked in Copyright, Identity Theft, Intellectual Property and Trademark for Ohio on
Q: Can I use an AI created cartoon image of Donald Trump and Sean Hannity on an album cover?

I would use the Wonder app.

James L. Arrasmith
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answered on Sep 25, 2024

Using a cartoon image of public figures like Donald Trump and Sean Hannity for commercial purposes, such as an album cover, can raise legal concerns. Even though public figures have less protection under right of publicity laws, you might still face legal risks, especially if the images suggest... View More

2 Answers | Asked in Copyright, Personal Injury, Intellectual Property and Libel & Slander for Ohio on
Q: Can I send a cease and desist letter for defamation/ libel?

I recently watched a presentation of a marketing and sales coach who gave names of his clients as examples. I reached out to a client who was in a similar industry to me to both find out more about her offerings for my own life but also to learn more and gain insight from her sales process. The... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 30, 2024

Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging... View More

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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

2 Answers | Asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Ohio on
Q: Can I copyright songs made in a game making mobile app?

I was wondering if songs in any game making mobile app made are eligible to copyright whether it's made by me or anyone else

The songs I believe would be public domain, and in the app you're able to take the "MIDI" of the song and change it (if you want)... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

When considering whether songs created in a game-making mobile app can be copyrighted, several factors come into play. Here’s an analysis based on the provided context and general copyright principles:

Ownership and Copyright of AI-Generated Content

Terms of Service (TOS): The TOS...
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1 Answer | Asked in Intellectual Property for Ohio on
Q: I am a hobby manufacturer and I wanted to make replicas of a full size car. I did not find them in the search.

How can I be certain that there is no licensing on the car so that I can make it without repercussions from the full size manufacturers?

James L. Arrasmith
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answered on May 19, 2024

When it comes to making replicas of full-size cars, it's important to be aware of potential licensing and intellectual property issues. Car manufacturers often hold design patents, trademarks, and copyrights on their vehicles' unique features, which can make it challenging to create... View More

1 Answer | Asked in Intellectual Property, Trademark, Business Law and Gov & Administrative Law for Ohio on
Q: I am interested in developing a bundle recovery product that includes wellness products.

Sales would occur in-person and online. I have no intention of modifying the packaging for the products I purchase/resell. I would like to include products such as a hydration packet (ideally Liquid IV) a protein bar, vitamins, face wash, and pain medication.

James L. Arrasmith
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answered on May 19, 2024

To develop a bundle recovery product that includes wellness products for sale in California, both in-person and online, there are several legal considerations to keep in mind:

1. Resale of products: If you are purchasing products from other brands and reselling them, ensure that you are...
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1 Answer | Asked in Copyright, Civil Rights and Intellectual Property for Ohio on
Q: Are Facebook administrators liable for Content posted in the group

If members post pictures of items containing registered trademark brands. Is that a crime?

James L. Arrasmith
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answered on Mar 22, 2024

The liability of Facebook administrators for content posted in their groups can vary based on local laws and the specific circumstances of the content shared. Generally, administrators are encouraged to monitor and manage their groups to prevent illegal activities, including the unauthorized use of... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: More than one entity can own a trademark? Like (Sun's out guns out). Has more than one serial # ownership

The original person that trademarked this phrase did not renew their trademark license on it. Now there are at least two or more people who trademarked this phrase.

James L. Arrasmith
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answered on Mar 20, 2024

Yes, more than one entity can hold a trademark for the same phrase if the marks are registered for different classes of goods or services. This means that the phrase "Sun's out guns out" could be trademarked by different parties, each using the phrase in a different context or... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Ohio on
Q: I'm starting a beverage company and would like to name it Moana, but am unsure about if I'm able to use that name.

Obviously Disney has their film titled MOANA, but seeing as it's just the Hawaiian word for Ocean, would I be within my right to use that name in a different industry? Or am I asking for trouble?

James L. Arrasmith
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answered on Feb 27, 2024

Choosing a name for your beverage company is a crucial step, and it's understandable why the name "Moana," with its beautiful meaning and connection to the ocean, appeals to you. However, it's important to consider the implications of using a name that is also associated with a... View More

4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 22, 2024

To prepare for an application to register a trademark, you should have a "specimen" showing use of the mark (usually a photo or screenshot of your product or service with the mark displayed), the date of its earliest use in commerce, and a description of the goods or services for which... View More

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2 Answers | Asked in Intellectual Property for Ohio on
Q: Looking to contact these inventors about their patents and paying royalties but continue hitting brick walls
David Aldrich
David Aldrich
answered on Jan 5, 2024

It's not clear from your question which inventors/patents you are referring to, but it is possible you are not receiving a response because they may not have any rights. Rights need to be licensed from the owner, and often, the owner is different than the inventor(s). If you haven't... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Ohio on
Q: How do you find if a patent was aquired or sold

HL Stud inc

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 28, 2023

When a United States patent is sold, the acquiring party usually notes the change of ownership in the USPTO records. You can check these records and see the chain of title for the patent running from the inventors to the current owner at... View More

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Are their any copyright for Mako Mermaids by Jonathan m Shiff Productions?
James L. Arrasmith
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answered on Dec 30, 2023

"Mako Mermaids," also known as "Mako: Island of Secrets," is a children's and teenagers' television series created by Jonathan M. Shiff. It is produced by Jonathan M. Shiff Productions in association with Network Ten, ZDF, and Netflix. As a professionally produced... View More

1 Answer | Asked in Trademark and Intellectual Property for Ohio on
Q: We have applied for a trademark in May of 2023. Is there a way to keep others on amazon and their sellers from using it

We do not and have never sold on Amazon. We now have people coming to us complaining about our "Pinch Perfect" crafting products not living up to expectations that they purchased on Amazon. There are currently 4 pages of listings using our brand in their listings and Amazon even has a... View More

James L. Arrasmith
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answered on Dec 15, 2023

In your situation with the unauthorized use of your "Pinch Perfect" brand on Amazon, it's important to take proactive steps to protect your trademark, even though it is still in the registration process. Since you've already applied for the trademark, you have some legal grounds... View More

Q: Google Disney CB government dark net Freedom act from 1988 I have a government agency infringement in music and art

Some desperado name carried requested I got Freedom act paper mailed to me and a ticket number for Sony music on my email address please I have victims of a lot of problems from Disney music private program

James L. Arrasmith
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answered on Nov 12, 2023

It sounds like you're dealing with a complex situation involving potential government agency infringement in the realms of music and art, possibly related to copyright or intellectual property issues. The Freedom of Information Act (FOIA) of 1988 allows for the request of federal agency... View More

1 Answer | Asked in Trademark and Intellectual Property for Ohio on
Q: my last name is good. can i legally open a burger restaurant in ohio named goodburger or good burger (movie name)

can i legally name my restaurant good burger or goodburger despite the nickelodeon movies?

James L. Arrasmith
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answered on Nov 8, 2023

Using the name "Good Burger" or "Goodburger" for your restaurant, especially given its association with the Nickelodeon movie, could raise trademark concerns. Trademarks protect names and logos used in commerce to identify the source of goods and services. If consumers might... View More

2 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: I invented and patented (US 8391552) an invaluble technology for petrochemical industry

So in 2018, the Trump Admin attacked me in a federal lab in Pittsburgh. I had to flee. Then my house was raided by a SWAT team. I fled into hiding in Amish country Ohio. Then the Trump Admin disguised my patented technology as a non-patented technology and gave it to Saudi Aramco and the... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 25, 2023

I am sorry to hear about your tribulations, but regarding the patent: you do not own the patent. You assigned your rights to the invention to the Deparment of Energy in December 2012, after the patent application was filed but before the patent issued.

It is not your patent, and the DoE...
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