Get free answers to your Intellectual Property legal questions from lawyers in your area.
Hello, I met with an attorney and was told I qualify for a Chapter 7. I have very few assets, I took out a lot of personal debt when trying to start a failed software business. I have closed that business and the attorney mentioned disclosing the apps that I released as assets.
Let’s say... View More 
answered on Dec 12, 2024
The tradeoff in bankruptcy is full disclosure in return for a discharge of debts. The debtor benefits from full disclosure, and avoids the possibility of a denial or revocation of discharge. All the schedules and statements in bankruptcy are signed by the debtor under penalty of perjury. If a... View More
My newly patented tree has been contracted by America’s largest grower . Do I need independent IP representation to determine if exclusive or free to canvas other growers?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2024
Yes, having separate legal protection and promotion for your patent is beneficial. Your patent attorney is crucial for securing your intellectual property rights and ensuring all legal aspects are thoroughly managed. This includes navigating the complexities of patent law, handling any disputes,... View More
Im trying to sell helldivers 2 3d printed models on etsy that i paid a creator on cults 3d for Commercial use and cc by but im being told by the etsy community that its still Illegal even tho i paid for them and have the permission from the artist to sell them so im basically confused on what to do... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024
This is a complex situation that involves several layers of intellectual property law. Let me break down the key issues:
1. Copyright of the 3D models:
- You purchased the 3D models from a creator on Cults3D with a commercial use license and Creative Commons Attribution (CC BY)... View More
I wrote a book and want to include portions of the Virginia driving manual found on the DMV website and the Standards of Learning found on the VA Department of Education website. Does this violate copyrights? How could I get permission to reprint it in a book that will be for sale?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024
To answer your question about republishing information from state agency websites or publications:
Generally, works created by federal government agencies are in the public domain and not subject to copyright protection. However, state and local government works may be copyrighted,... View More
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
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
is copywrighted or trademarked
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
patent number-420070276359
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
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
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
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
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
For example, if the phrase man to man is trademarked, can my book title be, "Man to Man: Conversations with the Guys.
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
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
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
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
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
Question answered: patent # US 7,354,399 B2 has patent date April 8, 2008, so expiration date is April 8, 2028.
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
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
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
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.
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.
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
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
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
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.
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
From Lucas trademark filing: Goods and Services: Christmas tree ornaments and Christmas tree decorations, plush toys, stuffed toys, toy action figures, toy guns
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
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.
