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?
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 
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
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.
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
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
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... View More
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
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
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
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
Need advice re Highly valuable international energy saving patents authored by recently deceased inventor and assigned to small Pa. company in which I hold shares and from which I am owed $.
No will or probate action I can find. Death in early 2020. Processes now being used by Morton... View More
answered on Sep 14, 2020
There are a lot of unknown facts in your question/scenario which require review of existing documents ( the Company documents -Bylaws or Operating Agreement / Buy-sell / your loans to Company) (the Assignment of patent rights) and possibly some research regarding registration of the patents and the... View More
I want to start an HVAC repair business. I have a common last name in my area of the country (US), and I want to name the business using my last name. For the purposes of this post I'll use the pseudonym "Smith" - so I want to name my HVAC business "Smith Air Conditioning &... View More
answered on Jul 3, 2020
Since your name is common, and you're naming your business a generic/descriptive name which describes exactly what you'll be doing, you probably won't have a trademark problem. Usually other people can't stop you from using your own name for your business. Best to search the... View More
I am paying a physics professor a consulting fee for help with a private entrepreneurial project. I haven't set anything up on my part as a business entity yet. But I want to protect the ideas I share while speaking with the professor during our consulting sessions. Can an NDA do the job, or... View More
answered on Jun 24, 2020
The NDA (which includes a non-compete provision) can be entered between two individuals - it does not need to be between business entities. Make sure the NDA is strong and thoroughly defines confidential information to include all forms that the information could be - in other words, the... View More
This video game contains art, music, code, and scenarios that were made between five different people. We want to put this video game on an online store and sell it to make a profit, but we also want to purchase a copyright to protect it from being pirated/tampered with and reproduced. Everyone in... View More
answered on Jun 15, 2020
Great question! Copyright registration can be applied for at https://www.copyright.gov/ or any of the copyright lawyers on this site will gladly assist. Based on what you've described, you'll likely need a TX copyright for the source code, VA for the original artistic components, and... View More
I am in the process of establishing a partnership with another company. A new company was to be formed in which the two services (software) would be combined to create one company/service. The other party signed an NDA, I then sent a proposal suggesting the merger or creation of a new company. I... View More
answered on May 1, 2020
The question of obviating disintermediation is a common one. The answer is yes, you are able to protect yourself.
It looks like you (Company "A") are paying them (Company "B") to work on your product for which you are paying them. I assume that B is providing A some... View More
answered on Apr 17, 2020
If they had a stated policy that things left would be disposed of they can do that. A bit tacky, but they could.
Contact the Education Law Center about your rights. https://www.elc-pa.org/
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answered on Feb 5, 2020
The Philly LOVE statute has been the source of contentious litigation numerous times. Even though the artist died in recent years, there are others who claim to own the copyright in the sculpture. There is also a claimed trademark registration for various goods for the LOVE sculpture. Artists... View More
If someone else filed for that second patent, I would argue that given my patent, that the second patent is obvious but it really isn't that obvious and I want to be the one to file before someone else does. An analogous example: Think of the old power line communications technology where... View More
answered on Jul 18, 2019
This happens all the time.
Patent 1 is for an invention, patent 2 is an improvement to that invention. You can file an application to patent 2 as a CIP of the first application, or you can add a TD in the second filing, etc. Talk to your patent attorney more about this.
Good luck!
I see many align trademarks, so wondering if it is industry that sets them apart or if it's the font? I assume there must be a defining feature to allow them to trademark so many versions of "align".
Also wondering with a tech app, will I need intellectual property or any... View More
answered on Jun 18, 2019
Trademarks are differentiated by "Class" -- When you submit an application for a trademark registration, you must specifically identify which stream of commerce you are using your mark, and if the USPTO finds that there is no likelihood of confusion with another existing mark, you will be... View More
answered on Apr 19, 2019
You need to find out if someone else is using it. The Navy PX is called NEX and would have at least a service mark if not a trademark. There would be a problem if a Court found there was confusion. So I think unless you get their permission that isn't likely but I would suggest you contact a... View More
Many vendors in Pittsburgh sell merchandise with this logo. My listing was removed by Etsy after notice of intellectual property infringement from NFL Properties, LLC. This logo can be looked up on Google as "Pittsburgh Combined Team Logo". The only portion of the Pittsburgh Steelers logo... View More
answered on Mar 5, 2019
Nope. Most leagues have enforcement teams and will depend on how strongly they enforce their rights.
You want logos or brands that are as far away from those registered products as possible.
NFL owns the names, logos, art of all teams, so you run into problems the closer you get to... View More
answered on Jan 25, 2019
Assuming you have no prior record of convictions, you will get probation. The maximum sentence you face is 1 to 2 years incarceration. However, that maximum usually is ordered for repeat convicts who have multiple convictions. Hire an attorney and inquire as to whether your county has a first... View More
well the whole story is my friend hit my car in a parking lot and my parents decided to not get insurance involved so i got estimates for it and they agreed to pay. after a weak and a half i slid of the road and damaged the parts my friend damaged
You
but i rapaired the car so it... View More
answered on Mar 20, 2018
At this point it will be difficult to prove their damage as opposed to yours. Technically, if you can show what parts they damaged, that are not repaired by you, let them pay for those.
The product is a dumbbell fitness bracelet that has the words "Live","Lift" on the bracelet. The notice is coming a company that sell similar bracelets that h that has the words "Fit", "Life" on it. The bracelets are very similar but clearly different based... View More
answered on Feb 13, 2018
An attorney would need to review the two products to answer this question. From what you have described, it seems unlikely that your bracelet would infringe a copyright for the other bracelet. While jewelry is protected by copyright, the rights are not so broad as to cover entire design concepts.... View More
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