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Pennsylvania Intellectual Property Questions & Answers
2 Answers | Asked in Business Formation, Trademark and Intellectual Property for Pennsylvania on
Q: Hi, I want to start running leadership trainings by a certain name. I found another company that does yoga trainings

Hi, I want to start running leadership trainings by a certain name (let's say ABC trainings). I've done a google search and found another company with the same name that teaches yoga trainings (ABC yoga trainings). Can I still use the company name or is this a bad idea? We're both in... View More

Michael Cherewka
Michael Cherewka
answered on Nov 2, 2023

Much of answer here is going to be dependent on how the yoga company "registered" its name (or if it even registered its name). If it is only a Fictitious Name Registration (which is more of a "notice" filing in Pennsylvania than an "ownership" filing) or the filing... View More

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1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: If I wanted to get a one time permission to create a cookie with the Aperol logo on it, who would I write to?

I have been asked to provide this design on a cookie, for a bridal shower, and I'm wondering if this is possible for a one time permission?

James L. Arrasmith
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answered on Sep 11, 2023

Obtaining a one-time permission to use the Aperol logo on a cookie is a responsible step to ensure you are respecting the brand's intellectual property rights.

To seek permission, you should reach out to the legal or marketing department of Campari Group, the company that owns the...
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2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: I have a similar logo to meaningful beauty. But it looks like they didn’t renew it. Could I trademark my logo

Meaningful beauty, a skincare company, has a similar logo to my clothing brand Miss Boulevard. It looks like they haven’t renewed their trademark. Is it possible for me to submit my logo as a trademark?

James L. Arrasmith
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answered on Aug 6, 2023

If the trademark in question has indeed not been renewed and is considered abandoned, and if your logo is not confusingly similar to other existing trademarks, it may be possible for you to submit your logo as a trademark. Since the businesses operate in different industries, that may reduce the... View More

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3 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: I want to trademark a fictional character. Is it possible to register it nameless & universal for any goods/service?

Character/mascot for album cover artwork. Main character in a novel. Main character for an animated film adaptation.

Fritz-Howard Raymond Clapp
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answered on Jul 31, 2023

Trademarks are registered for use on specific goods or services. For example, the character DAFFY DUCK is registered in International Class 16 for "printed matter ... namely, comic books", and also for toys in International Class 28. The application to register the mark must be... View More

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2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: What if someone already has a business name trademarked but it seems as though the business is no longer active.

I'm wondering how I can see if this company's trademark can be considered abandoned if they're not active. The trademark for the business name Fused is taken but I've done a thorough search for this business and I can't find them anywhere on social media or online.

James L. Arrasmith
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answered on Jul 28, 2023

f a business name is already trademarked, it is essential to respect the rights of the trademark owner, even if the business appears to be inactive. Trademarks can still be valid and enforceable even if the business is not actively operating or visible online. To determine if the trademark is... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Pennsylvania on
Q: Am trying to find out if there is a patent on a specific lure called the Hattie mitte , renegade had them.

Soft plastic hellgrammite imitation

Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 18, 2023

If you have the old lure in the original packaging, it may show the patent number if they had a patent.

https://patents.google.com/patent/US20070234635A1/en?q=(hellgrammite)&oq=hellgrammite is a published patent application for Method and apparatus for integrated weighted nymph form...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: my innovation work was stolen, research and notes on to be patents, Can I protect my drawings at minimal cost ?

Im a patented inventor, my patents were jumped and improperly applied for a design patent and not a utility patent in the 80s, in 2021 or 2022 all my work over 50 yrs were removed from me and copied. I'm seeing my invention online being sold on facebook. 5 maybe more initial drawing were... View More

James L. Arrasmith
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answered on Jul 28, 2023

To protect your initial drawings and innovations, it is essential to consider applying for patents and/or copyrights. Patents protect inventions, while copyrights protect original works of authorship, including drawings. You should consult with an intellectual property attorney to assess the best... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Pennsylvania on
Q: What are the limitations on obtaning patents on bacteriophages or their products for treatment of human diseses in the
James L. Arrasmith
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answered on Jul 11, 2023

Obtaining patents on bacteriophages or their products for treatment of human diseases in the US can be challenging due to several limitations. One limitation is that bacteriophages are naturally occurring entities, which the US Patent and Trademark Office (USPTO) does not allow patents for.... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: If someone wanted to sue me for using a trade mark for example the trade mark is "everwild music festival" if I made art

That just said "everwild" is the infringing on their trademark?

James L. Arrasmith
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answered on Jul 10, 2023

Using the term "everwild" alone for your art, without any additional context or connection to the specific trademarked "everwild music festival," may not necessarily infringe on their trademark. Trademark infringement typically occurs when there is a likelihood of confusion... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: Can a website submitted through Coca Cola company contact form become owned by Coca Cola if their terms indicate that?

The website link being submitted to them, contains information about a patent-pending invention. In the terms for Coca Cola, it said something like "you agree that anything you submit may be used by us royalty-free, non-exclusively, forever, etc." which is not what I want. Since I did not... View More

James L. Arrasmith
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answered on Jul 10, 2023

Disregard my typo above..

It's important to carefully review and understand the terms and conditions stated by Coca Cola before submitting any information or website links through their contact form. While the terms may include broad language regarding the use of submitted materials,...
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1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: What exactly needs to be cited when writing a non-fiction e-book on passive income and side hustle ideas?

I got most of the general ideas from ChatGPT and some from articles. I have sections labeled pros, cons, and tips, which are collected mainly the same way. I'm including sections about initial investment and expected income based on the average price of things taken from a multitude of... View More

James L. Arrasmith
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answered on Jun 18, 2023

When writing a non-fiction e-book on passive income and side hustle ideas, it is important to cite any sources that you use to support your ideas or claims. This includes any statistics, data, or other information that you gather from external sources.

In general, you should cite any...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: is there any patents for baby formula ice cream? I couldn't find any but I am afraid I am looking over something.
James L. Arrasmith
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answered on May 2, 2023

After conducting a thorough search, I did not find any patents specifically for baby formula ice cream. However, it is possible that a patent exists for a similar product or for a specific process used to make baby formula ice cream. It is recommended to consult with a patent attorney for further... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Pennsylvania on
Q: If Sony as a company owns the Sly Cooper Trademark, when does that enter the public domain?

How I understand it, a work is protected for the authors lifetime plus 70 years, since it was created in the early 2000’s. And since a company or corporation is the author and can’t “Die” when would it go into the public domain? Is it just protected for 95 years and then it’s free to use?

David Aldrich
David Aldrich
answered on Feb 15, 2023

The timeframes you’re discussing relate to copyrights, not trademarks. For a trademark, as long as the owner continues to use the name and continues to timely submit the proper renewal forms and fees, their protection does not expire.

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1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Is it illegal to buy a reproduced print of artwork from a generic online website? The art was soldout by the artist

The artwork was no longer listed on the original artist’s website. I did a Google search and found a site call Rugsers that had the print for sell. I bought 2 different sizes, but the payment process made me wonder if the site was authorized to sell the prints.

James L. Arrasmith
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answered on Feb 25, 2023

It is possible that the reproduction prints being sold on the website could be infringing on the artist's copyright, especially if the website is not authorized to sell the prints. In general, it is important to make sure that you are purchasing artwork from a reputable source that has the... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: How far can I go in designing a similar product?

I am wanting to start my business and I have designed a tire insert, it has similar properties to cushcore, my insert puts pressure on the tire providing outward pressure but the design of my product is quite different in dimensions. What would be considered a violation of this patent?

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2023

I'm sorry your question remains open for four weeks. You could try reposting under "Patents (Intellectual Property)" instead of this general "Uncategorized" heading. Some questions do go unanswered, but you could have better chances of a reply by reposting and adding... View More

1 Answer | Asked in Intellectual Property and Trademark for Pennsylvania on
Q: I want to make YouTube videos. Would the name "Postscript" infringe on any trademarks?

I want my YouTube channel name to be called "Postscript." I'll be making video essays in which I'll review, offer critique, and discuss my opinion on various pieces of media, such as films, television shows, anime, video games, etc. I liked the name because it's as if my... View More

Erik Špila
Erik Špila
answered on Jan 5, 2023

Hello there, you should discuss this with intellectual property lawyer in your area as there is a need for trademark search first for potential infringement of prior rights. Your question can not be duly answered without that. I wish you a good luck with your YouTube channel though.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: Copyright, Trademark, and Parody.

1st Question: Would this fall safely under parody? (Yes I believe it to be parody and not satire as the image and words only produce comedic effect with the knowledge of the video game elements and stand alone does not create a comedic effect)

I used photoshop to impose two copyrighted... View More

Robert Kost
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Robert Kost
answered on Nov 8, 2021

It's not clear from your description what the superimposed images are a parody of. A parody is a "humorously exaggerated imitation" that borrows from a copyrighted work in order to make fun of it. So, it's very difficult to even comment (let alone give advice) without more... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: one of the 2 inventors of an unassigned patent has died. Can the remaining inventor sell the patent?
Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 5, 2021

First, I am sorry that your co-inventor whom I presume was a friend, has died.

If there are two inventors and there is not any signed agreement to consolidate the ownership rights, then the rights are still divided.

This would get into issues of estate law so you would need to...
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1 Answer | Asked in Trademark, Copyright, Business Law and Intellectual Property for Pennsylvania on
Q: My question is about avoiding violating a third-party trademark.

My question is about avoiding violating a third-party trademark.

Here’s a quick summary:

A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... View More

Timothy John Billick
Timothy John Billick
answered on Dec 28, 2020

It depends on how you use the trademarked image. Trademark infringement depends on a lot of factors such as: (1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7)... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: Book Title

Hi. I have a question about intellectual property and copyright. If I’ve written a book, how do I know if my book title is taken or if it’s too similar to other book titles? For example could I title it “The Adventures of Ozzy, the Big Blue Dog” or would that be in violation of the... View More

Timothy John Billick
Timothy John Billick
answered on Sep 26, 2020

The short answer is that it depends on how litigious the rights holders would be. Based solely on the information in this this hypothetical, your risk of infringement would be low. That said, characters are subject to copyright protection so an A-to-B comparison of the character(s) would need to... View More

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