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Ohio Intellectual Property Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: I'm starting a video podcast. Can I use still images from various tv and movies?

When we mention a character, we'd like to be able to show that character without getting sued by Disney. And this podcast will be for profit, if that's relevant.

Steve Charles Vondran
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Steve Charles Vondran pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2023

Generally speaking, when it comes to using copyrighted images in a video podcast, it’s important to understand the laws surrounding copyright and fair use. In general, it is illegal to use copyrighted images without permission. However, there are certain exceptions to this rule, and one of them... View More

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Hello, can i ask a question here? am I speaking with a real lawyer?

Okay. I'll explain what i need some advice about - it pertains to copyright. This will all sound a bit odd, so i apologize.

Im a writer. Im writing a fantasy prose story - something with a diesel-punk aesthetic. I'm using publicly free domain fantasy races - goblins, elves,... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 27, 2022

Yes, real lawyer here.

Although the copyrights for the DnD games and fiction are owned by Wizards of the Coast LLC, that does mean that the word "Artificer" by itself is the subject of copyright. "Artificer" is just a word in the dictionary and its use in original works...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Is there a patent on using a natural stone as a cooking surface, like a grill or stove? If so is it still active?

I am looking to sell a product that would require this. I would like to avoid getting in trouble because of someone's patent.

Joseph Jaap
Joseph Jaap
answered on Oct 20, 2022

That will require patent search of the US Patent and Trademark Office records by a patent attorney. Use the Find a Lawyer tab to retain a local patent attorney who can meet with you review your design and do a patent search to determine patentability or any issues of patent infringement.

1 Answer | Asked in Entertainment / Sports, Intellectual Property and Trademark for Ohio on
Q: Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors?

Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different.

Joseph Jaap
Joseph Jaap
answered on Sep 30, 2022

The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement.

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: How can I protect my ideas from being stolen while looking for funding and investors with no money for a patent?

I have multiple ideas/inventions and i don't know how to explain my ideas to investors to get funding without having a patent to protect my ideas. But I don't have the funding to pay for a lawyer and everything to get a patent. So what could I do to protect myself and my ideas while... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

This is one of the most frequently asked questions. You can't get funding without patents, and you can't get a patent without money. It is a Catch-22.

Here are some guidelines:

(1) You need to recognize that ideas by themselves are not protectable. If you have an idea...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Hi, I have a quick question regarding to a recently published patent. It was me who discovered and invented the method.

I discovered and invented the method for the preparation of a nanocomposite when working as a postdoc at that institution, I have written a manuscript about the method when working there but I left the job, and I have the photocopy of all my experiment records about the method. I just noticed that... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 28, 2022

This is not a DIY thing. You will need to contact a patent attorney who will compare your manuscript with the issued patent. It is likely that the university had agreements in place where you would have had to assign your rights over to the university. They may or may not give you a cut of any... View More

Q: My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

I am concerned because, outside of my current employment. And outside of my current employers scope of business. I wish to pursue several patents.

The wording of this document... View More

Joseph Jaap
Joseph Jaap
answered on Jun 8, 2022

Use the Find a Lawyer tab to retain a local intellectual property attorney who can review the document, your current activities regarding other patents, and then advise you accordingly of any changes to the document before you sign it.

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Company with two similar of the same company name in the same state

Hello,I own a landscaping business it’s been established since 2019 . In 2021 I noticed a new landscaping company With too much of a similarity to my company name. It wasn’t a problem till a this months when We started receiving backlash and constant phone calls of upset clients of theirs .... View More

Joseph Jaap
Joseph Jaap
answered on Jun 1, 2022

Use the Find a Lawyer tab to retain a local intellectual property attorney to review the facts and discuss sending a cease and desist letter raising issues of unfair competition, deceptive trade practices, and infringement against the other company.

2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: If a trademark is abandoned due to failure to respond/late response, can a new owner refile and use this?
Robert Kost
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Robert Kost
answered on Nov 16, 2021

If the previous owner is not still using the mark (a mark does not have to be federally registered to stop your registration), or if the trademark was not abandoned due to opposition by a 3rd party (who may turn around and oppose your use), or if no one is currently trying to register the mark (the... View More

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1 Answer | Asked in Intellectual Property for Ohio on
Q: Can I obtain a title of a vehicle left on my property ? The vehicle has been at my house for over 10 years.

I had left my friend borrow 5,000 almost 15 years ago. To ensure they would pay me back he left me with his vehicle that was valued at almost 60,000 back in 2006. He never returned and I have not been able to get ahold of him by phone or by mail. Please advise I am in the state of Ohio. I know I... View More

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Oct 18, 2021

This forum is solely for intellectual property. You will need to contact an attorney who specializes in tangible property.

1 Answer | Asked in Intellectual Property and Landlord - Tenant for Ohio on
Q: Can I immediately evict a tenant if they threaten property damage through text? He’s also verbally threatened my fiancé.

He’s been staying with us for awhile, he hasn’t paid rent this month and hasn’t paid bills from the month prior. He also made himself a liability when he constantly gets drunk and plays with his firearms. When confronted, he verbally threatened my fiancé while I was at work and told us he... View More

Joseph Jaap
Joseph Jaap
answered on Sep 8, 2021

If rent is unpaid, deliver a 3-day notice to vacate, then file an eviction action. If you just change the the locks and throw his things outside, he could sue you for wrongful eviction. Use the Find a Lawyer tab to retain a local attorney to assist you.

1 Answer | Asked in Employment Law and Intellectual Property for Ohio on
Q: I want to put something I created into my portfolio, but I work under an NDA and employer IP rights.

I'm a designer. The item is available for public availability on the company website and in advertising. It's to showcase for my personal portfolio for future employers. I signed an NDA when I was hired and our employee handbook shows my employer has exclusive rights to anything and... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 18, 2021

Depending on what it is you probably are out of luck

Consult with an attorney

You may be able to create something similar to show, something that is not infringing in your employer's rights

1 Answer | Asked in Intellectual Property for Ohio on
Q: With a faux electrical socket outlet that is explained in (Application #20160276815) does this cover any wall or surface

whereas the invention maybe established has another patent filing or if the patent has been granted for the mentioned patent application would it be an considered an infringment if the method is used on another product?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 11, 2021

Depends, check with an attorney!!!

3 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: I am writing a dark-retelling of beauty and the beast. If I have a similar character named Gaston, is there copyright?

His looks are pretty similar, slightly different. He has a completely original backstory, different motivations for going after Belle, and a different death than he does in the movie.

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 18, 2021

Maybe, it depends.

You need to consult with an attorney before you get into any trouble.

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: What [if any] legal repercussions could I face for using an already copyrighted "name" ("Liquid Loud", to be exact) .?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 28, 2020

Many, many.

From a cease and desist. To a formal lawsuit and damages.

Consult with an attorney.

3 Answers | Asked in Intellectual Property for Ohio on
Q: What is the status of applications and databases developed without an intellectual property assignment agreement?

I have been working for the same company for the past 17 years. Over that time I have developed several applications and databases to make both my and my coworkers jobs easier. These systems were mostly done without direction from management, who took a hands off approach to development, though a... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 22, 2020

Vey tricky question.

If what you did was paid for, directly or indirectly and with the purpose of benefiting the company, they can make an argument that it is theirs.

Check if you signed anything at the beginning of your employment.

Also, this may be a bargaining chip for...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Are the drawings in a patent also public domain when a patent is expired, or is there a copyright attached limiting use?

I'd like to print and sell drawings from expired patents as art pieces. Is this legal?

Kathryn Perales
Kathryn Perales
answered on Sep 3, 2020

Drawings included in a published patent application are in the public domain, under long standing US law. In the unlikely event that a copyright notice is included on the patent drawing in the patent application, you should look twice. But, in most cases you can do whatever you want with... View More

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: i run a large social platform and have got some copyright claims, the copyright holder refuses to work with me.

is there any legal process i can go through to get claims resolved on a un-responsive holder?

Jason Brooks
Jason Brooks
answered on Aug 3, 2020

Not really. except for certain streaming music licenses, copyrighted work does not require a compulsory license, and so if the copyright holder does no want to work out a license to you, they are under no obligation to do so.

1 Answer | Asked in Intellectual Property and Real Estate Law for Ohio on
Q: Grandfather passed away and didn't leave his 2 properties to anyone.

Other family members and myself are going through probate court now, and I'm residing at the property. I have to leave state and wanted to know if there away I can have a friend handle all affairs regarding the property?

Joseph Jaap
Joseph Jaap
answered on May 20, 2020

The probate court will appoint an executor (if he had a will) or an administrator (if he did not) to handle the estate. That is the person who should handle the property. Or that person can hire a property manager to do it. Ask the attorney assisting with the estate about it, or if there is no... View More

1 Answer | Asked in Intellectual Property and Real Estate Law for Ohio on
Q: I purchased a property in 2011 which I believed to consist of 8 lots. Recently discovered we may not own 2

I recieved the survey showing all 8 lots. But recently I discovered the the county auditor shows we do not own the 2 lots in the middle of our back yard. I checked the deed and they are not on the deed but they show on the survey. There is no way for the person it says owns them to access them what... View More

Joseph Jaap
Joseph Jaap
answered on May 12, 2020

If your contract was for the purchase all 8 lots, and you paid for all 8, how did 2 get omitted? Was it a mistake in the deed preparation? What did your 2011 purchase contract say? Did you obtain owner's title insurance when you purchased the lots? Are the auditor's records correct?... View More

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