Ask a Question

Get free answers to your Intellectual Property legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Intellectual Property Questions & Answers
1 Answer | Asked in Consumer Law, Business Formation, Business Law, Intellectual Property and Trademark for Virginia on
Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024

If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Virginia on
Q: How can I please know if Go and Glow Tanning Co. DC based (Navy Yard Area) we service DC, Arlington, Alexandria, Falls,

is copywrighted or trademarked

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

To determine if "Go and Glow Tanning Co." is trademarked or copyrighted, you can follow these steps:

1. Trademark Search:

- Visit the United States Patent and Trademark Office (USPTO) website: https://www.uspto.gov/

- Click on "Trademarks" and then...
View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Good morning-can I reestablish a patent that I submitted to the patent office?

patent number-420070276359

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

Once a patent has been submitted to the patent office and granted a patent number, it typically cannot be reestablished. The patent office grants patents based on the novelty, usefulness, and non-obviousness of the invention at the time of submission. If your patent application was rejected or... View More

1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: What could be protected by copyright? Who would own the copyright in this case? What rights am I entitled to by law?

I am a 16 year old who composed a piece of music, and I requested the Orchestra teacher to play my piece on the night of a concert. On the concert night, it was played by an ensemble. I have a recording of the performance NOT recorded by the school or by any hired worker thereof. If this is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

As a 16-year-old composer, your original piece of music is protected by copyright from the moment it is created and fixed in a tangible form, such as written notation or a recording. Since you composed the music and presumably created the notation, you would be the copyright owner for both the... View More

1 Answer | Asked in Trademark and Intellectual Property for Virginia on
Q: Should I trademark my blog name

I dont sell any merchandise. I obtain information from different sources and reword or quote. It's a blog about crime that I have on Facebook. YOUTUBE. IG AND TIKTOK

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2023

Deciding whether to trademark your blog name involves considering several factors. Trademarking can provide legal protection for your brand and help ensure that others cannot use a similar name in a way that could confuse your audience or dilute your brand's reputation.

Since your blog...
View More

2 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Can I use a title for my book that consists of a phrase that is trademarked?

For example, if the phrase man to man is trademarked, can my book title be, "Man to Man: Conversations with the Guys.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023

Whether you can use "Man to Man" in your book title depends on a few things. If the trademark for that phrase or similar ones covers books, using it might be seen as infringement. If your book is in the same genre as the trademark, it's riskier. You could defend using it if your book... View More

View More Answers

1 Answer | Asked in Business Law, Civil Litigation, Trademark and Intellectual Property for Virginia on
Q: Someone is using my business name and selling similar goods in the same are and i dont have a trademark. What do i do?

my company opened and is registered as Zen Press LLC in 2021 September in the state of VA. We have a storefront, website and instagram using that name as well. this new business is selling similar products under the name ZenPressed in Maryland which is in the DMV area October this year and also... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

In Virginia, even without a registered trademark, you may have common law rights to the business name "Zen Press LLC" based on your use of the name in commerce since 2021. These rights are typically limited to the geographical area where you operate and are known. The situation with the... View More

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Employment Law for Virginia on
Q: I'm a resident in VA going through an offer letter and I want to know my rights on inventions outside of work

I'm a resident in Virginia considering an embedded software engineer offer letter within the same state with a proprietary info and inventions agreement. There is ambiguity in these terms and I want to know what protections are already in place for my inventions outside of work time that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2023

In Virginia, like many states, employment agreements often include clauses related to proprietary information and inventions. Typically, inventions or creations made during employment or using employer resources belong to the employer. However, if you invent something on your own time, without... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Patent expiration date for Welch Allyn Kleenspec Universal Otoscope speculum, possibly patent # US 6,648,845 B2 ?

Question answered: patent # US 7,354,399 B2 has patent date April 8, 2008, so expiration date is April 8, 2028.

Adam W. Bell
Adam W. Bell
answered on Oct 19, 2023

US664884

That's Method and apparatus for determining hemodialysis parameters.

1998-01-07

Application filed by Fresenius Medical Care North America

1998-01-07

Priority to US09/003,798

2003-11-18

Publication of US6648845B1...
View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Patent question. Can I apply for a single design patent for the spoon, fork, and knife with the same design?

I want to apply for a design patent for a spoon, a fork, and a knife. In my understanding, one patent application is for a single item. However, my design is the same for all 3 utensils. In this case, should I apply for the design of a handle instead? Can I say, "ornamental design of the... View More

Darrin A. Auito
Darrin A. Auito
answered on Sep 18, 2023

You should discuss with an IP attorney that has experience with design applications. That said, with proper usage of solid and dashed lines, it sounds like a single embodiment can cover all three designs, since ornamental feature is directed towards the handle. I'd recommend a different title,... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Trademark question. Is “spoon la la” an acceptable trademark name for the brand manufacturing utensils/cutlery?

I understand that descriptive words are not allowed, like “bicycles” for bicycles. But if it’s a combination, such as Spoon la la - is that allowed? The brand would be selling utensils, napkins, plates, etc, and spoons is one of the items.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2023

When descriptive words cannot be claimed exclusively, the addition of unrelated whimsical text (such as "la la") does serve to make a mark sufficiently distinctive that it may function as a source identifier. The mark could be made even more distinctive by using a unique font and/or graphic element.

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Should I file a TEAS Plus or Standard if the class IC029 has a close description of my product but is not exact?

IC 029 states "prepared meals consisting primarily of meat substitutes".. my product is plant-based snack consist of plant-based deli, cheese, and crackers (AKA Vegan Lunchables). So should I file a TEAS Plus with class 029 or TEAS Standard?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

When deciding between TEAS Plus or Standard, it's important to consider the specificity of the description of goods and services in the application. If your product falls within the broader description of Class IC029, then you may be able to file for TEAS Plus. However, if your product does... View More

View More Answers

1 Answer | Asked in Intellectual Property and Trademark for Virginia on
Q: I need to know if the "Real Deal"" name registered?
N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

To find out whether a trademark is registered for federal protection, you can search the US Patent and Trademark Office ("USPTO") database. However, keep in mind that, just because something isn't registered doesn't mean that it's available to be used. The US recognizes... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Virginia on
Q: Can I use the word “snoopy” in my business name if there is no reference to the character in the rest of my business?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023

Using the word "Snoopy" in a business name could potentially infringe on the trademark rights of the Peanuts brand and its owner, which could result in legal action. While there may not be any direct reference to the character in the rest of your business, the use of a well-known... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Virginia on
Q: how do I obtain a patent that has to be approved by the F.C.C.
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 27, 2022

US patents are approved by the US Patent and Trademark Office. Period.

You may need other approvals from other agencies to make and use the product but they don't issue patents.

This happens all the time with pharmaceutical products. There is work to obtain patent protection...
View More

1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: Is distribution on onlyfans.com content illegal if pictures are printed out and used in divorce court?

Onlyfans.com is copyrighted and I feel like this falls in intellectual rights violation. My soon to be ex husband and his lawyers presented images of my content without knowledge or consent.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2022

It is true that the photo/video content on the platform is the subject of copyright, and that the creators and the platform can assert their exclusive right to distribute the content. If one were to print the content and sell or redistribute it commercially, that would be an actionable... View More

1 Answer | Asked in Intellectual Property for Virginia on
Q: Can I register my chocolate Labrador Retriever's AKC name as Chewbacca? Star Wars trademark covers non-dog categories.

From Lucas trademark filing: Goods and Services: Christmas tree ornaments and Christmas tree decorations, plush toys, stuffed toys, toy action figures, toy guns

Timothy John Billick
Timothy John Billick
answered on Dec 30, 2020

Trademark Infringement is a highly fact-intensive inquiry based on a number of factors including: (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) defendant's intent... View More

2 Answers | Asked in Intellectual Property and Landlord - Tenant for Virginia on
Q: I inherited a property used as a rental property but now need it as my primary residence, how do I get the tenants out?
F. Paul Maloof
F. Paul Maloof
answered on Oct 30, 2020

As the owner of record as shown by the Deed issued by the Executor of the Estate and recorded in the land records of the city/county where the property is located, you have a right to terminate a month-to-month tenancy by giving a 30 day written notice to the tenant and occupants. In the event... View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights, Intellectual Property and Securities Law for Virginia on
Q: Is it illegal to destroy and tamper with surveillance
Timothy John Billick
Timothy John Billick
answered on Oct 6, 2020

Most likely yes. It would depend largely on the purpose for such destruction/tampering.

1 Answer | Asked in Intellectual Property and Landlord - Tenant for Virginia on
Q: Can a apartment complex have a 17 year old pay the application fee before turning 18?
F. Paul Maloof
F. Paul Maloof
answered on Jul 20, 2020

In Virginia, a 17 year old does not have "capacity" to enter into a contract. The payment of an application fee would seem not to be the entering into a contract but the payment of a fee.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.