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Virginia Intellectual Property Questions & 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
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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
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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...
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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

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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
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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.

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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
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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

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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
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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
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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...
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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
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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

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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.

2 Answers | Asked in Intellectual Property for Virginia on
Q: Is my device patent-able?

Out of my garage, I created a device for elderly and vision-impaired assistance, out of commercially available components and open source code that enhances a particular medical companies system... Is it patentable? And after it is patented, I would like to approach the medical company with the... View More

William Scott Goldman
William Scott Goldman
answered on Jul 6, 2020

While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!

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1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: How could I go about purchasing this design and copyright?

Im interested in obtaining the copyright for the fabric to produce fabric for paintball good

James D. Williams
James D. Williams
answered on Jun 22, 2020

Greetings.

There are two options that basically stem from the root of asking the person who owns the right for permission to use it.

(1) Ask for a license. Basically you just would tell them what you plan on doing and see if they will allow you to do it. You may have to pay them...
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1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: if a member of Apple Music/Spotify puts music on a photo and shares it across apps is that illegal?

I'm making a photo-sharing app where users can add music to photos (if they're members of Apple Music or Spotify) and share these photos that have songs on them to other apps, would that be illegal? Since Apple Music/Spotify both own licenses to songs and users are paying for these services.

Barbara Berschler
Barbara Berschler
answered on May 27, 2020

It mostly boils down to what are permitted uses of the music based on the licenses issued by Apple Music/Spotify. It would be important to check the Terms of Use/licenses granted to the members. The licenses may not extend to letting members add the licensed music to another application. Best... View More

1 Answer | Asked in Divorce, Products Liability and Intellectual Property for Virginia on
Q: I got engaged in January in Richmond Virginia we broke up a month ago do I have to give the ring back??
James H. Wilson Jr.
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James H. Wilson Jr.
answered on Mar 18, 2020

The answer depends on who the "we" is that broke up. If the intended groom terminated the engagement, the intended bride keeps the gift. If it was the intended bride terminated the engagement, or the engagement was terminated by mutual decision, the gift should be returned to the groom.

1 Answer | Asked in Civil Litigation, Contracts and Intellectual Property for Virginia on
Q: I am the real inventor of web cam covers for portable devices

I have a application on file and willing to name a co inventor for help with this huge law suit. Has to be a nice person and a patent litigation attorney. I'm truly the real inventor I proved that december 3rd 2019 my name begins with a c. This can be not only a big opportunity for me but a co... View More

F. Paul Maloof
F. Paul Maloof
answered on Jan 26, 2020

I regret that I am neither a parent litigation attorney nor an investor in such patents or inventions. Sorry.

Q: Are we allowed to file and own a patent while working for a company? The patent is not related to the company field.

Our contract mentions

"conceives, creates, invents, designs, develops, contributes to or improves any works of authorship, inventions, materials, documents or other work product or other intellectual property, either alone or in conjunction with third parties, at any time during... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 7, 2020

This question comes up all the time. You will need to take the contract and employee manuals that deal with the duty to assign inventions to an attorney in the state where you work. There are some states that have limits on the scope of this mandatory assignment clause for employees.

It...
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