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Oregon Intellectual Property Questions & Answers
Q: How can I reclaim my dog and address unauthorized breeding in Oregon?

I am seeking legal advice regarding a dispute involving a dog I placed with a guardian in North Carolina. The dog, now under the care of a boarder in Ohio, was bred at 18 months—an age not contractually agreed upon with the guardian, and without my consent. The boarder is refusing to return the... View More

James L. Arrasmith
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answered on Nov 2, 2025

Start by asserting ownership in writing and demanding immediate return of the dog, citing your guardian agreement and attaching proof of title (microchip registration, purchase records, veterinary records, registry papers) and a clean chain of custody. State that no rehoming occurred, revoke any... View More

2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: How to obtain trademark for "F*** Around & Find Out" on leather items and motorcycle gas tanks?

I want to know how I can obtain the trademark for the phrase "F*** Around & Find Out" specifically for use on the back of leather vests, leather jackets, and motorcycle gas tanks. I am not aware of any existing trademark registrations for these items, nor am I facing any specific... View More

Sean Goodwin
Sean Goodwin
answered on Sep 23, 2025

Hi, the first step is to conduct a trademark clearance search. Make a list of everything you plan to sell (now and in the future), and find out if anyone has registered the same (or similar) trademark for those goods/services. An experienced trademark attorney can do this efficiently and let you... View More

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2 Answers | Asked in Contracts, Internet Law and Intellectual Property for Oregon on
Q: Author promotion: using follower-submitted character ideas without legal issues

I'm an author planning a promotion on Instagram where followers submit character ideas. The winner will receive a free copy of my book and have their character featured in my next series. How can I ensure I can use the submitted character without facing legal issues, and should I use an... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 6, 2025

Tread with care. You will need an agreement with the participants where they release you of any obligations and assign you all their rights.

You definitely need to consult an attorney.

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1 Answer | Asked in Trademark, Internet Law and Intellectual Property for Oregon on
Q: Used trademarked item in ad without permission; ramifications?

I used a trademarked item in a Facebook advertisement without permission for three days. I did not sell the item, but the advertisement included a photo of it, which I later found out was trademarked. After this use, I received a phone call from the trademark owner asking me to cease and desist.... View More

James L. Arrasmith
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answered on May 14, 2025

It's understandable to feel anxious after being contacted about trademark use, but you're not alone—this happens to many people who are unaware of trademark laws. Using a trademarked item in an advertisement without permission can lead to a claim of trademark infringement, especially if... View More

3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Can I trademark a unique name for my software already used by retailers?

I developed a point of sale software that is currently being used by several retailers. I have a unique name for the software that I want to trademark, and I've verified that the name is not being used anywhere. I own the software code. Can I trademark the name, and if so, what is the process... View More

Jim Boness
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answered on Apr 16, 2025

When you ask the question of whether you can trademark your mark, their are two basic criteria that must be met. The first is that enforceable trademark rights are limited to bona fide uses that reflect commercial use. This means that you must be using, or intend to use your proposed mark in... View More

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2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Are outfits trademarked?

I recently created a sewing pattern for an outfit that fits a certain doll. The outfit is inspired by a Barbie outfit by Mattel. Someone reached out to me, warning that the outfit could be trademarked and I could be sued by Mattel. Is this true?

Dominique Young
Dominique Young
answered on Feb 13, 2025

Very rarely are clothing designs registered for a trademark or copyright. If the dress image is associated with the business, then it may be registered as a trademark for that business. Trademark registrations are available for images, characters, sound bites, and even certain Pantone colors that... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Oregon on
Q: Could someone please explain the process of obtaining a patent, and how I can find patent lawyers that fit my product?
Gregory Donald Carson
Gregory Donald Carson
answered on Jan 22, 2025

The Process of Obtaining a Patent

1. Determine Patentability: Assess whether your invention is eligible for a patent. The invention must be: Novel – New and not publicly disclosed. Non-Obvious – Not an obvious improvement to someone skilled in the field. Useful – Functional and has...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: If I sell a coffee blend called “Goondocks Blend” am I at risk of trademark infringement?
Sean Goodwin
Sean Goodwin
answered on Dec 18, 2024

That's a great question. I highly recommend that you hire a competent trademark attorney to run a clearance search before you launch the brand. That search should take approximately 1-3 hours, depending on how many results need to be reviewed. If you get the green light, you should also... View More

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3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Is "secret sauce" ( "602 - Abandoned-Failure To Respond Or Late Response" ) available to secure? If Yes, how?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on May 26, 2024

Hypothetically, under U.S. trademark law, if the trademark "secret sauce" has received the status "602 - Abandoned-Failure To Respond Or Late Response," it might be available for another party to secure.

Here's how one might proceed:

1. Check the Trademark...
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2 Answers | Asked in Trademark, Intellectual Property and Copyright for Oregon on
Q: Can I use the name "M.A.S.H" for a short story when "M*A*S*H" is trademarked?
Sean Goodwin
Sean Goodwin
answered on May 15, 2024

The short answer is "most likely, yes."

The M*A*S*H trademark is limited to "a comedy television series."

The writers of that TV series will have a copyright for those TV scripts. So, you may not make a derivative story about any of the characters from that TV...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: If i have a phrase that i would like to be protected, what are the legal hurdles that i would go through and the cost?

is it only through the USPTO TESS and copyright.gov web sites? specifically the costs involved what are they and what would be the timeline of start to completed if everything is successful

Alan Harrison
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answered on May 8, 2024

Attorneys will be reluctant to quote our fees in a public forum like this. Different attorneys may think that filing and prosecuting a trademark application is easy and should be cheap, or difficult and should be expensive. The USPTO will charge either $250 or $350 per "class" of goods or... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Oregon on
Q: Hi, Can a person sue another for a design infringement without having a design patent?

If the products looks similar but both were designed based on prior art teachings. While the accused product is not using any logos/name/images of the first. And the accused product has feature(s) to specifically tell the ordinary observer (both visually and in description) that there is this... View More

James L. Arrasmith
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answered on Feb 25, 2024

Yes, it is possible to sue for design infringement even without having a design patent. Design infringement claims can be based on various legal grounds, including trade dress, copyright, and unfair competition laws. However, the success of such a lawsuit would depend on the specific circumstances... View More

3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license

Do I need to get a trademark or register it?

Felicia Altman
Felicia Altman
answered on Dec 4, 2023

When writing a Children's Book the best protection is the copyright protection for the book. Be sure to once the final version of the book is complete to register the work with the Library of Congress. A copyright is not protected in court without being official registered work. The... View More

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2 Answers | Asked in Intellectual Property and Trademark for Oregon on
Q: Could I legally use the name all the smoke as the name of my spice blend. Of course, it wouldn't be the company name
Jim Boness
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answered on Oct 2, 2023

This is not a copyright question, but really belongs in the realm of trademark law. Whether you can use any particular name for a product or business cannot be answered unless and until you do a thorough name clearance search. Yes, they do cost money, but the money spent upfront can be considered... View More

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Oregon on
Q: Is it a violation of copyright to publish and monetize (ads) AI summary of other people's youtube videos about crypto?

There are many online content creators in the finance and investing space. With so much information and so little time, I want to summarize videos and publish them, along with metadata and trend/sentiment analysis, to a website that may be monetized through ads and/or subscription for custom feeds.... View More

James L. Arrasmith
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answered on Aug 29, 2023

Summarizing other people's content and monetizing it could potentially expose you to copyright infringement claims under federal law, especially if the summaries capture the essence or key elements of the original work. The Fair Use doctrine allows for limited use of copyrighted material... View More

2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: How do I trademark my art work so I can share it to my business social media safely
Jim Boness
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answered on Mar 3, 2023

Trademark signifies a source of goods or services. Unless your artwork serves as a logo (which can be trademarked), you would have to demonstrate to the USPTO that the elements of your artwork are distinctive and unique enough (secondary meaning) to qualify as a source of goods. This can be... View More

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1 Answer | Asked in Intellectual Property for Oregon on
Q: When does this patent expire? Patent 6 883 446 B2 Patent 7 325 502 B2
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 6, 2021

you can google it or look into public pair

best luck

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Can I trademark Floyd D Duck? I think the trademark has lapsed
William Scott Goldman
William Scott Goldman
answered on Jul 8, 2020

Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to... View More

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3 Answers | Asked in Copyright and Intellectual Property for Oregon on
Q: How do I get copyright of my photos?

I have a store on eBay and noticed that other sellers are using them without my permission and now I found a company using my photos .. its frustrating because I took the time, patience, and dedication to take each photo and for someone to just use them is not fair, I've tried contacting the... View More

Barbara Berschler
Barbara Berschler
answered on May 26, 2020

Without doing anything special, you already own the copyright in your photos. That being the case, you could proceed under the Digital Millennium Copyright Act (DMCA) to notify the internet service provider where the photos are being displayed. Check the Terms of Use of the ISPs to follow the... View More

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2 Answers | Asked in Copyright and Intellectual Property for Oregon on
Q: I made a song with a free beat that the creator allows anyone to use and someone else who doesnt own it Copyrighted me

They have whole different lyrics just the same beat and they copyrighted my song causing me to unwillingly forfeit all future revenue I may make and I was wondering what I can do about it legally

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 8, 2020

Unsure, as your information does not exactly make sense. The person who wrote the beat owns the copyright to that part, you would own the copyright to your lyrics. The other person would own the rights to their lyrics.

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