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Tennessee Intellectual Property Questions & Answers
1 Answer | Asked in Divorce and Intellectual Property for Tennessee on
Q: This civil code article 1201 is saying what exactly? In layman's terms

Is this code 1201 stating I waive rights mean that any property we may own is now hers?

James L. Arrasmith
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answered on May 19, 2024

I apologize for the confusion, but I believe there may be an error or missing information in your question. You mentioned "civil code article 1201" but did not provide the actual text of this code or specify which jurisdiction it applies to. Article numbers can vary significantly between... View More

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: The game that I've created has many businesses that reflect real businesses. Logos and names changed. Is this legal?

I'm a Game Developer and my game contains many businesses that reflect those of real life. For example, there is a fast food restaurant called TFC that has a black and white logo of a cowboy. This virtual location looks similar to KFC, using a similar font and color pattern. Will I get in... View More

James L. Arrasmith
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answered on Feb 21, 2024

Using businesses in your game that closely resemble real-life businesses, including logos and names changed, can potentially raise legal issues related to trademark infringement and intellectual property rights. While your game may not be centered around these establishments, if the similarities... View More

1 Answer | Asked in Copyright and Intellectual Property for Tennessee on
Q: If we need to build a dating app based on love is blind Netflix show is that copyright issue
James L. Arrasmith
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answered on Nov 28, 2023

Yes, developing a dating app based on the concept of the "Love is Blind" Netflix show would likely raise copyright concerns:

- The core idea of singles dating and getting engaged without ever seeing each other in person is an original concept created for the show. Replicating this...
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2 Answers | Asked in Trademark and Intellectual Property for Tennessee on
Q: I have registered one domain by name WATSONX.NET for financial services industry! IBM objects. No trade mark. Help me.

No any trademarks registered in this name. But IBM objects. Please help me to draft a mail to them. Most urgent . Thank you so much. Regards Sankar S.K.

Fritz-Howard Raymond Clapp
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answered on Sep 27, 2023

There are several federal trademark registrations of marks including WATSON, which is a surname. IBM does not have an exclusive right to the word, and does not have a registration in the category for financial services, so you should be able to register WATSONX.

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2 Answers | Asked in Copyright and Intellectual Property for Tennessee on
Q: I submitted a PDF script to a comic publisher some time ago. I believe the publisher stole my script. Do I have a case?
David Aldrich
David Aldrich
answered on Sep 20, 2023

Once you produced the script in written form, you acquired copyright protection. Whether you have a case for copyright infringement will depend on a number of factors, including the similarity of the two works. You should consult a qualified copyright attorney with the details of your case.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: What if the Status602 - Abandoned-Failure To Respond Or Late Response in a trademark was not mine can I obtain it?

What steps do I need to take?

James L. Arrasmith
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answered on Sep 11, 2023

Absolutely, if a trademark application has reached a status of "602 - Abandoned-Failure to Respond or Late Response," it means that the previous applicant has lost their rights to that trademark due to their failure to respond to a USPTO office action within the allotted time frame.... View More

2 Answers | Asked in Trademark and Intellectual Property for Tennessee on
Q: How can I claim a Status602 - Abandoned-Failure To Respond Or Late Response in a trademark
T. Augustus Claus
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answered on Sep 5, 2023

Claiming a "Status 602 - Abandoned-Failure To Respond Or Late Response" in a trademark application or registration involves several crucial steps. First, you should access your USPTO account and review the current status of your trademark. It's essential to carefully examine any... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: hello i am looking for patent support

if the patent has not passed on FER then what shall we do with that patent published , who is having rights?

Stephen E. Zweig
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answered on Apr 9, 2023

I'm going to assume that you are the inventor and that we are talking about US patent applications.

It is common for patents to be rejected on the First Examination Report (FER). The USPTO assumes that if you still want to get the invention, you will respond to the report (office...
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1 Answer | Asked in Copyright and Intellectual Property for Tennessee on
Q: How much is it to own this copyright from Inspector Gadget?

I would like to reboot Inspector Gadget to continue the cartoon series on Netflix & a few other TV stations as a passion project.

I would also like to know where I would like to buy the copyrights to own the series.

James L. Arrasmith
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answered on Mar 29, 2023

The cost to acquire the copyright for Inspector Gadget will depend on various factors such as the current owner, the terms of the acquisition, and negotiations between parties. It is recommended to consult with a qualified intellectual property attorney or agent who can assist in identifying the... View More

1 Answer | Asked in Trademark and Intellectual Property for Tennessee on
Q: I want to use a phrase that is to be trademarked on merchandise that I am selling what do I need to do?

The phrase is "Keep America Gay". It is owned by Keep America Gay Corporation but I am unable to find this entity anywhere nor can I find a point of contact.

James L. Arrasmith
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answered on Mar 15, 2023

If you want to use a phrase that is already trademarked by someone else, such as "Keep America Gay", you will need to obtain permission from the trademark owner. Here are some steps you can take:

Conduct a trademark search: Before using a trademark that belongs to someone else,...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: I am looking to create my own line of word puzzle books/app. To what extent can I use names and other IP?

Can I use team names from the NHL? Or a list of movies in the MARVEL Cinematic Universe? A list of books written by Stephen King? I want to expand my hobby to the creative side, but don't want to open myself up to a copyright or trademark lawsuit.

James L. Arrasmith
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answered on Feb 25, 2023

Using names and other intellectual property (IP) in your own work without permission or a license may infringe on the rights of the owners of that IP, potentially leading to legal issues such as copyright or trademark infringement.

Using team names from the NHL, a list of movies in the...
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1 Answer | Asked in Copyright, Business Law, Intellectual Property and Trademark for Tennessee on
Q: Could I use black label as a company name or no?

I am establishing a small business and coming up with a company name is confusing to say the least. We will be a soap and skincare company.

James L. Arrasmith
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answered on Feb 25, 2023

It's difficult to give a definitive answer without knowing more details about your business and the products you plan to sell, but in general, using "Black Label" as a company name may be problematic because it's a common term that is used by many companies in various... View More

2 Answers | Asked in Intellectual Property and Trademark for Tennessee on
Q: Please explain the following?

I am looking to trademark the name Bitsy Boop. I found THIS on your website: BITSY BOOP - Trademark Details

Status: 710 - Cancelled - Section 8

Fritz-Howard Raymond Clapp
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answered on Jan 30, 2023

BITSY BOOP, with a design of a little girl, was registered by the Hearst corporation in 1998 for tee shirts, and one half of Hearst's interest was assigned to Fleischer Studios in 1999. The joint owners failed to maintain the registration with a required statement of continuing use in 2005,... View More

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1 Answer | Asked in Copyright and Intellectual Property for Tennessee on
Q: If I upload a song and don't register copyright within 90 days, can I get royalties if someone records it & makes money

I am referring to an original composition of mine if someone records all or part of it without obtaining a license from me.

Erik Špila
Erik Špila
answered on Oct 12, 2022

Basic answer would be Yes, you can, as the copyright arises upon creation of the work. However there are some pros of registration of copyright in the U.S. or other few countries. You should seek intellectual property attorney to get the most efficient option for your situation.

1 Answer | Asked in Intellectual Property, Real Estate Law, Estate Planning and Probate for Tennessee on
Q: (TN)My grandmother and stepfather were in the deed to property. Grams had my uncle and mom only

Uncle passed years ago(10) then grams passes. 3 months ago my stepfather passes(no kids, just me since I was 3) and a few weeks ago my mother passed. My uncle was married with no children. Does my aunt(living in michigan) have any rights to my mom's house?( Only asset in the family) I was... View More

Anthony M. Avery
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answered on Feb 11, 2021

Hire a competent attorney in the County where the property is. You need a title search, a determination of heirship (maybe two bloodlines or more), and an Affidavit of Heirship, which will be the Heirs' recorded source of title. Better check the property taxes too, or the Trustee might sell... View More

1 Answer | Asked in Intellectual Property and Trademark for Tennessee on
Q: How can I get T.R.A.P. Fitness LLC trademarked when there's already a live entry for a Trap Fitness for Pretty Girls?

My brother started T.R.A.P. Fitness LLC in Memphis, TN in 2019 for both male and female clients. Here is his website: trapfitnessmemphis.com.

Trap Fitness for Pretty Girls was registered in 2020 (Serial Number 88312626) (Registration Number 5953349) in Lancaster, TX.

The entry did... View More

Benjamin Charles Korray
Benjamin Charles Korray
answered on Jan 15, 2021

It depends. You may be able to file under either name (the short name or the long name) but you would need to perform a clearance search to see exactly how everything was filed and then make a determination based on that. With trademark clearances, we would look at names that are the same but also... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Naming my company that has similar spelling than one that has been trademarked or copyrighted.

If i make a company that has a similar but different spelling in the name than one that is currently copyrighted or trademarked, could i possibly be sued? I have no affiliation with said company nor do i sell or copy anything of said company, just two similar names. There is a trademark for the... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 23, 2020

Yes you can be sued.

It will depend on the similarity or difference of the products and whether somebody can be confused as the origin of the products or services.

Consult with an attorney

1 Answer | Asked in Intellectual Property for Tennessee on
Q: My dad died 14 yrs ago and my stepmom passed a few years ago. The property and all belongings were left to her son and 1

My dad's kids and I just recently found out that he left nothing to is other 7 children. What can I do

Anthony M. Avery
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answered on Nov 2, 2020

Probably nothing. You can not wait around like that and expect to make it right now. Check the Register of Deeds to see if there is any real property you might be an heir at law of. If a Will was Probated look at the

File.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Can I put my trademarked brand on characters wearing my brand like Bart Simpson, Goku, or Spider-Man?

Photoshopped or free and drawn.

Barbara Berschler
Barbara Berschler
answered on Apr 4, 2020

Because all of those characters are either protected under copyright on trademark, your proposed activity would result in infringement. To help you better understand the implications of such intellectual property rights, both the Copyright Office and USPTO have excellent informative websites. I... View More

Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 2, 2020

Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you...
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