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Texas Intellectual Property Questions & Answers
1 Answer | Asked in Civil Rights and Intellectual Property for Texas on
Q: I was arrested and taken into custody for supposedly bringing alcohol into a bar that no one working saw me have

Based on word of mouth I was arrested with no proof at the time of arrest and taken to jail where I was forced to strip completely naked and lay on cold flooor all night with no coverage, and they searched my belongings after I was in cell and stole my money and broke my purse.

James L. Arrasmith
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answered on Apr 7, 2025

What you’ve described sounds like a deeply troubling situation, and it’s understandable to feel confused and violated by what happened. If you believe you were arrested without proper cause and mistreated afterward, you might have grounds to take legal action. Law enforcement is required to... View More

1 Answer | Asked in Intellectual Property, Internet Law and Trademark for Texas on
Q: Seeking legal guidance on using artist styles for custom rug designs without infringing copyright or trademark.

I am a United States Air Force veteran working on launching an online business that designs and sells custom rugs. My designs are inspired by the visual styles and aesthetics of music artists like Playboi Carti and Lil Uzi Vert, without using any names, images, or lyrics. The themes are inspired by... View More

James L. Arrasmith
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answered on Apr 2, 2025

Your business concept raises important intellectual property considerations that warrant careful navigation. When creating designs inspired by musical artists' aesthetic styles, you must balance creative expression with legal compliance across three key areas: copyright, trademark, and right... View More

1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: Can I use "summit" on a personal t-shirt at a Varsity event?

I see that "D2 Summit" and "THE Summit" are trademarks/wordmarks for Varsity Spirit LLC. I plan to attend a Varsity event and want to create a personal t-shirt using just the word "summit" without any logos or imagery from Varsity Spirit LLC. I won't be selling... View More

James L. Arrasmith
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answered on Mar 28, 2025

Based on general trademark principles, using just the word "summit" on a personal t-shirt you're making for yourself is likely acceptable, even at a Varsity event. Trademark protection typically covers specific combinations and contexts rather than common dictionary words used alone... View More

1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: Trademark "Good Girl Gone Bad" for lingerie and beauty products in Texas.

I want to trademark the business name "Good Girl Gone Bad" for my new line of lingerie, skin, and beauty products. However, I noticed "Good Girl Gone Bad by Kilian" is a registered trademark. Can I still use "Good Girl Gone Bad" for my products? I haven't started using the name commercially yet.

James L. Arrasmith
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answered on Mar 26, 2025

Using a name like "Good Girl Gone Bad" that's similar to an existing trademark raises potential legal concerns. When two trademarks are similar and used for related products, there's risk of consumer confusion, which is what trademark law aims to prevent. Since "Good Girl... View More

1 Answer | Asked in Business Law, Business Formation, Intellectual Property and International Law for Texas on
Q: Importing and selling Infiray thermal scopes in Texas – regulations and trademark issues?

I am interested in importing and selling Infiray thermal night vision hunting scopes online. I have not done this before and noticed that IrayUSA sells similar products under their branding rather than "Infiray Outdoors." Could you provide guidance on any regulations, licensing... View More

James L. Arrasmith
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answered on Mar 20, 2025

Importing thermal scopes like Infiray products requires careful attention to federal regulations. You'll need to register with the Directorate of Defense Trade Controls since thermal imaging devices fall under International Traffic in Arms Regulations (ITAR). Before importing, you must obtain... View More

3 Answers | Asked in Intellectual Property and Copyright for Texas on
Q: How can I copyright my unique jewelry designs in the US?

I am a jeweler wanting to copyright a few designs I've created to prevent other jewelers from using and profiting from my design style. My designs include gemstone wire-wrapped rings with a unique technique that not only makes them stronger but also features my own specific wire-wrapping... View More

Alan Harrison
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answered on Mar 16, 2025

You could be eligible for copyright protection and design patent protection on the individual designs, and possibly also utility patent protection on the method of wrapping the wires (depending how long you've been doing it or if or when you published the videos).

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2 Answers | Asked in Intellectual Property for Texas on
Q: How to avoid patent infringement for dating app features in Texas?

I have developed a dating app with features similar to Tinder, Bumble, and Hinge, including a swipe and match function. My preliminary patent research identified several patents that might be relevant, such as patent numbers 9733811, D755814, D779540, D780775, D781311, D781334, D781882, D791809,... View More

Emmanuel Coffy
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answered on Feb 24, 2025

Avoiding patent infringement for your dating app in Texas (or anywhere) involves a structured approach, including legal due diligence and strategic feature development. Here’s a roadmap:

1. Conduct a Comprehensive Patent Analysis

Given you’ve identified potentially relevant...
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1 Answer | Asked in Intellectual Property and Land Use & Zoning for Texas on
Q: Eminent domain on the property that my house is on, but the property isn't under my name what can I do about this?
James L. Arrasmith
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answered on Jan 21, 2025

Understanding your situation with eminent domain can be challenging, especially when you don't hold the property title. Your rights and options largely depend on your relationship to the property - whether you're a renter, family member, or have some other connection to the current owner.... View More

2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: I recently filed a trademark application for my aquarium supply business, InstaQuarium (serial #98108530). While I have

received a Notice of Publication, my current listing of goods (Aquarium ornaments; Aquariums; Artificial aquarium landscapes) has changed. I no longer have plans to use any of the classes I filed for as my product line changed after I submitted the filing.

I will now be selling live... View More

Sean Goodwin
Sean Goodwin
answered on Dec 3, 2024

Hi, you are asking a very specific legal question about trademark law. I highly encourage you to retain a competent trademark attorney to answer this question for several reasons:

First, most lawyers have liability insurance that prohibits them from answering detailed legal questions...
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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: could I be reported for copyright?

If I sold t-shirts with the words "SAD DAD CLUB" or "SAD DADS CLUB" printed on them but the words "SAD DAD" are trademarked for use on t-shirts, could I be reported for copyright?

Sean Goodwin
Sean Goodwin
answered on Nov 21, 2024

You are asking for a complicated legal opinion, which most attorneys will not provide unless you are a client. If you would like a detailed answer to your question, please hire a competent trademark attorney.

The test for trademark infringement is "likelihood of confusion."...
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2 Answers | Asked in Business Formation, Copyright, Intellectual Property and Trademark for Texas on
Q: Can I use the name of a film/TV show in my travel guide that highlights its filming locations?

I want to make and sell digital travel guides that center around filming locations for specific movies and tv shows. My goal is to educate travelers on where the film locations were, how to get there, and general facts about the place (weather, time zone, etc.). Would using the title of the... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 15, 2024

Although the content of television programs and movies are the subjects of copyright, their titles are not. To use the titles in the way you propose, merely to name them for reference, is legally permissible as "nominative fair use".

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3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: Making a motion-comic with real copyrighted music synced to it! Legal to tell readers to listen to specific song?

Is it legal to tell my readers to listen to specific songs at certain times in my motion-comic? For example, having a notice at the start of the comic telling readers that the comic is read best with certain songs to accompany it, and saying "Now Playing: *Song Name*" at the top of my... View More

Alan Harrison
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answered on Oct 7, 2024

I would want to think more about this before giving an opinion you could rely upon. First thought is that this seems like it MIGHT be a viable way to escape the need for a "sync license" as you would not personally be synchronizing the music to the images. But there may be court cases... View More

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2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: If I am writing a book, would I be able to use 'Disneyland' as a location visited in the "past"?

I'm an aspiring writer and I do not want to overlook any details, so in the book I am writing I intend to use the 'Disneyland' name solely to express that the characters within the book visited the location at one point in the past. No rides or anything else related to the park is... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Oct 4, 2024

When mentioning "Disneyland" in your book, you are likely within your rights under U.S. trademark law, particularly under nominative fair use. Trademarks like "Disneyland" protect brand identity, but your use of the name to describe a factual event—such as characters visiting... View More

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1 Answer | Asked in Intellectual Property for Texas on
Q: I'm A Very Small Youtuber Getting Legal Threats From A Company Called BViral so I want to know if this has any merit

Background first, 2 months ago I made a commentary video of a tiktok I saw that involved a woman in a pink dress and crashed into a Popeye's. Everything was well until I get a copyright notice later which I thought maybe it was an issue with me using a show's clip in the video but no it... View More

James L. Arrasmith
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answered on Oct 2, 2024

Receiving a legal threat can be stressful, especially for a small YouTuber. BViral claims that your video contains false and defamatory statements, which they believe harms their reputation. It's important to carefully review the content of your video to understand their concerns and ensure... View More

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I sell custom home decor that plays a celebrity song? It was going to be upcharged service fee

I'm making home decor type gifts customizable, a customer can request the item to play their favorite celebrity song or tune. I Want to know if I can legally do this and if I can have item play either full song, partial song, just chorus, or instrumental

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

Your idea of creating customizable home décor that plays celebrity songs is a unique and creative venture. However, using copyrighted music in products raises several legal concerns, and it’s essential to ensure you're compliant with intellectual property laws.

Here are a few key...
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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Texas on
Q: Can my wife be sued for TikTok or Instagram content that uses edited audio book clips?

My wife cosplays a book character on TikTok and Instagram. In many of her videos she uses audio that another creator has edited together from the Graphic Audio Book. All less than a minute long. On TikTok the sound links automatically to the other creator, but on Instagram she tags the creator of... View More

James L. Arrasmith
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answered on Sep 5, 2024

If your wife received a direct request from Graphic Audio Book to remove videos containing their audio, she should take it seriously. The company may have the legal right to protect its copyrighted material, even if it is edited or used in short clips. Ignoring the request could lead to potential... View More

1 Answer | Asked in Intellectual Property for Texas on
Q: Does this patent stop somebody from making a drink with r 1,3 butanediol as the main ingredient ?
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answered on Aug 27, 2024

Whether a patent prevents someone from making a drink with 1,3-butanediol as the main ingredient depends on the scope of the patent claims. Patents typically cover specific methods, compositions, or uses of a substance. If the patent in question covers a particular formulation, method of... View More

1 Answer | Asked in Intellectual Property for Texas on
Q: Hi, I am trying to manufacture BLUE ROBOTICS T-200 Thruster in its entirety. Can I copy without any legal ramifications?

T-200 has a patent, but it looks like it is a design patent and I can modify the geometry while keeping all of the interfaces same. Need legal help.

James L. Arrasmith
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answered on Aug 25, 2024

If you're considering manufacturing a product similar to the Blue Robotics T-200 Thruster, you need to be cautious about potential legal risks. Even if the patent is a design patent, altering the geometry slightly may not be enough to avoid infringement if the core elements of the design... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Hi, I have developed a prototype solution and would like to know how I can file for patent of this product.

I have developed a solution to integrate Blood Collection , distribution and stakeholders. I would like to patent this solution so that I can seek for investments to build a complete product.

Regards

Natia Kurdadze
Natia Kurdadze
answered on Aug 19, 2024

Filing a patent for your prototype solution involves several steps. Here’s a general overview of the process:

1. Determine the Type of Patent

Utility Patent: Protects the functional aspects of your invention.

Design Patent: Protects the ornamental design of your invention....
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can I patent an idea

I had plans of creating a prototype of an idea. Due to a health issue, I unfortunately have limited time in terms of life. I want to be able to carry out this invention but am afraid that once I leave, the people I share this idea with, will say this idea was thought of by them when that is clearly... View More

Jeffrey R. Schell
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Jeffrey R. Schell
answered on Aug 5, 2024

I'm sorry to hear about your health situation, and I understand your concerns about protecting your invention. It's commendable that you want to secure your intellectual property and ensure your ideas are recognized as your own.

To address your question: yes, it is possible to...
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