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Utah Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: If I personally draw a silhouette of a character from a movie and put it on a tshirt to sell it, can i be sued?

I am looking to make a clothing item based on an idea from an animated movie but do not want to be sued for copyright infringement. All designs are personally hand-drawn by me but are based on characters from the movie. There are no details in the drawings, just silouettes.

James L. Arrasmith
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answered on Mar 25, 2024

If you create and sell clothing featuring silhouettes of characters from an animated movie, you could potentially face copyright infringement issues. Copyright law protects original works of authorship, including characters from movies. Even if you've hand-drawn these silhouettes without... View More

2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: I am wondering about trademark law specific to a product and words rather than a logo/brand company name.

I made a chronic illness planner. Another company has a trademark on the words-UTOPS confirmed, "Chronic Illness Planner." (It's not their brand nor logo/company name but trademarked to their specific planner product). What are the safe bounds for my product and name, (which would... View More

Alan Harrison
Alan Harrison
answered on Mar 13, 2024

I am skeptical that someone actually registered a trademark for such a descriptive or even generic combination of words. Because you have not engaged me I have done no work to investigate or confirm your facts. Taking what you say as true, there is a very limited scope of protection for a... View More

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1 Answer | Asked in Trademark and Intellectual Property for Utah on
Q: Planner company has TM on "Chronic Illness Planner." How can I use those words legally without infringing on trademark?

A planner company (bloom planners) has trademarked the words "chronic illness planner" and I'm wondering what legal ways I can use those words without infringing on the trademark? Chronic Illness and Planner are both generic words but put together for that company, they represent a... View More

James L. Arrasmith
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answered on Feb 25, 2024

Navigating the use of trademarked terms requires careful consideration to avoid infringement. When a company has a trademark on specific terms like "Chronic Illness Planner," it means they have exclusive rights to use those terms in certain contexts, particularly in the same industry or... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: how are people able to sell a product even though it has a patent design?

Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 24, 2024

I do not know what patents cover selfie sticks, but generally when someone says that they have a patent for product, they typically have a patent on only certain kind of a product.

So, for hypothetically, a "selfie stick patent" may claim a selfie stick that attaches the camera...
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1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: Copyright: If multiple people contribute to a finish document who has copyright to it?

We often survey and map caves. Typically this involves people shooting survey instruments, then sketchers recording the data and hand drawing a map, and then a cartography takes all the data and makes a digital version. Many people in our world assume the cartographer who makes the finished digital... View More

James L. Arrasmith
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answered on Feb 21, 2024

In situations where multiple people contribute to the creation of a finished document, determining copyright ownership can be complex. Copyright law typically recognizes the contributions of each individual involved in the creation process. While it's common for people to assume that the... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Utah on
Q: Hello gentlemen of Justia,I am starting a new collectible trading card game and I would like to Copyright the name.

I am starting a new collectible trading card game and I would like to Copyright the name before start all the design and PR. Is there a way to check if names are copyrighted or not? And Also, if a name is copyrighted but under another category (videogames for example), what happen?

I would... View More

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

The concern is with trademarks, not copyright. You should consult an experienced trademark attorney to review your plan, research existing marks and assist with the selection of a mark that you will be able to register for exclusive use in the relevant market. If the game will be distributed in... View More

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1 Answer | Asked in Gaming, Copyright, Intellectual Property and Trademark for Utah on
Q: Can I use "K9" for a Dog Kennel, Gaming Community, or any Publicly Official Name and risk legal trouble?

I am considering a few ideas and want to relate them to my dog. I have a dream of owning and running a Dog Kennel and Breed Dogs Officially and I have a Gaming Community that is looking for an Official Name. I would like to relate it with K9. I know K9 is often referring to Federal Working Dogs and... View More

James L. Arrasmith
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answered on Dec 4, 2023

Using "K9" in the name of your dog kennel or gaming community is generally permissible, as "K9" is a common term used to refer to dogs, particularly in the context of police or military dogs. The term itself is not typically subject to copyright because it is considered a... View More

2 Answers | Asked in Contracts, Copyright and Intellectual Property for Utah on
Q: y boyfriend builds decks and in past did for a company that has published photo’s of his work on a national decking web

Not recognizing him as they builder in any article or on discription of the deck .can he sue for not having him recognized as the actual builder ?

James L. Arrasmith
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answered on Nov 9, 2023

Your boyfriend's ability to pursue legal action for recognition as the builder in published photos of his work would depend on the terms of any contract he had with the company and on copyright laws related to authorship and works made for hire. If there was an agreement that credits him as... View More

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Trademark 88412652 can i apply for that trademark
Felicia Altman
Felicia Altman
answered on Sep 20, 2023

When looking at the USPTO this mark is shown as abandoned. If the USPTO mark the trademark as dead then it is no longer protected and someone else can file for the mark. If the mark is still in-use and registered/active another individual or company would be unable to register for the mark.

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1 Answer | Asked in Intellectual Property for Utah on
Q: Can they take garnishment after 9 years For property
James L. Arrasmith
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answered on Aug 15, 2023

It's advisable to consult with an attorney to review the specific details of your case and determine the applicable laws and limitations.

Best regards,

James L. Arrasmith

Founding Attorney and Chief Lawyer

The Law Offices of James L. Arrasmith

2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Can I use the same color in general with an app and we do similar business but different UI designs

Is it possible for me to use a color? "blue" which another business already uses, we are similar businesses but our app layout is very different.

David Aldrich
David Aldrich
answered on Aug 3, 2023

Someone can always sue; the important question is whether someone would have a reasonable case against you. Usually, color alone is not sufficient to establish an enforceable trademark right, but there are exceptions, when a color has become associated with a particular product in the minds of... View More

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1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: Am I able to use motivational/inspirational quotes and make a profit?

Think famous quotes from Oprah or Steve Jobs or Dale Carnegie. Say I'm compiling a book of quotes to sell, or even emailing them out each day for a fee or something like that. Can I use other people's motivational/inspirational quotes (with or without attributing it to them) legally?... View More

James L. Arrasmith
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answered on May 24, 2023

Using motivational/inspirational quotes from famous individuals in a book or for profit can potentially raise copyright concerns. While short phrases or expressions may not be protected by copyright, using substantial portions of copyrighted works or attributing quotes without permission can... View More

1 Answer | Asked in Contracts, Copyright, Criminal Law and Intellectual Property for Utah on
Q: Can a storage facility be sued for violation of an NDA

I am writing a book about real events that happened to me/family. I stored the documents for my book in a storage facility. The owners signed an NDA to be able to read my book so far. I moved out of state and they sold my property for non-payment. Can I sue them for breaching the NDA by disclosing... View More

John Michael Frick
John Michael Frick
answered on Feb 11, 2023

No. Your non-payment constitutes a prior material breach that authorized them to sell your stuff and excuses their breach of the NDA.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: Is there a patent for a Helmet in a baseball cap?
Stephen E. Zweig
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answered on Jan 24, 2023

One good way to research this is to use patents.google.com, type in various relevant keywords, and see what you find. For example, try: https://patents.google.com/?q=helmet+baseball+cap&oq=helmet+in+baseball+cap and various other variations.

1 Answer | Asked in Intellectual Property and Trademark for Utah on
Q: Can I use the tagline "The Whoniverse, the Multiverse, to infinity and beyond..." in a logo for a travel agency

I am designing a logo for a travel agent that will be used at comic conventions and similar fan experiences to advertise a service that arranges travel to such conventions.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 22, 2023

Although there are trademark registrations for marks including the words WHONIVERSE and MULTIVERSE, use of these words in a slogan should be considered fair use and not infringing as they are generic terms.

Q: How can I find patents filed on my truck?

I have good reason to believe my truck was modified for patents

Omar Darwich
Omar Darwich
answered on Jul 7, 2021

You could consult with an attorney.

To be clear you believe your truck had aftermarket parts installed in order to somehow get a patent on the truck?

4 Answers | Asked in Intellectual Property and Trademark for Utah on
Q: Is the name of my podcast infringing a trademark, and should I change it?

I have a podcast, and we are just coming up on 10 episodes this weekend. After a google search, and I don't know why I didn't think to do this before, we realized that there is another podcast by the same exact name as ours! In fact, there are two or three. I'm worried we could get... View More

Omar Darwich
Omar Darwich
answered on Jun 29, 2021

So I don't want to sound like Im beating a dead horse, but you should consult with an attorney.

That might not be enough to pass the likelihood of confusion test or perhaps there might not be a need to add that subtitle.

consult with an attorney! we dont bite

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: If I were to market/sell a caffeine free energy substitute using a pouch delivery system would that be against patent?

I understand there are many products that use saliva based delivery (pouch) methods. Are all of these required to gain permission or establish patents to market and sell these types of products?

Thank you

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 2, 2021

depends

consult with an attorney

you would need to look and see if there are any patents associated with that in the jurisdiction where you plan to make, sell or import

1 Answer | Asked in Intellectual Property and Personal Injury for Utah on
Q: Left personal property behind in nevada hotel room. Staff say nothing has been found since april 2018

Contacted them by email and by phone many times. I am certain staff did not turned it in.

Wesley Winsor
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Wesley Winsor
answered on Dec 12, 2018

I am not sure that you posited a question. I will try to answer what you might be asking and that is whether a hotel is liable to disclose or facilitate the return of property left at their hotel by tenants if the tenant reports that it was left there.

The hotel's position is that...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: My dad invented insta fire and on most of the the patent abstracts his name is changed not only the he named him produc

Pantent #6093224 inventer Gary T Jones

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

It is not clear what your question is (maybe you submitted the form before typing the full question?). The USPTO shows "Gary T. Jones" as the first named inventor on U.S. patent no. 6,093,224. The abstract for that patent does not include any names.

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