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Washington Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Hello! I am a seller on Amazon USA.

I received a lawsuit in court regarding intellectual property violation. Can you help me solve this problem?

James L. Arrasmith
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answered on Nov 15, 2024

This is a serious legal matter that requires immediate attention. Intellectual property lawsuits from Amazon can have significant consequences for your business, including potential account suspension and financial penalties.

Your first step should be to carefully review the lawsuit...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: Is the term/name “Wheel of Calamity” trademarked or copyrighted in any way?

Intend to start a social media company under this title and want to verify its Existence amount other trademarked intellectual property.

Sean Goodwin
Sean Goodwin
answered on Nov 8, 2024

The best answer you will get to this question is from a trademark attorney who has conducted a legal analysis based on a clearance search. I highly recommend that you hire a qualified attorney to do this before you start spending money on advertising and then realize that you will have to rebrand... View More

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1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for Washington on
Q: Can a business competitor use a non-trademarked brand I've created to disrupt my business?

I run a golf academy and have a very successful ladies program "FORE The Ladies". Recently, a neighboring course who hired an ex-employee of mine, began running ads with the Program name "Fore the Ladies" and use a very similar typeface in their paid marketing.

This has... View More

James L. Arrasmith
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answered on Apr 11, 2024

In the United States, even if you haven't federally registered your trademark, you may have some protections under common law trademark rights. Common law trademark rights are established through the actual use of a mark in commerce in connection with goods or services, and these rights are... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Is it legal to write a book using copyrighted plot and characters as a lense through which to describe to tarot cards?

There are many books out there describing the meanings etc of the classic 78 tarot cards but it is super hard to actually remember all of the information since it is so isolated.. so I was wondering if I could write a book explaining the meaning of each card by using an examples of characters and... View More

James L. Arrasmith
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answered on Mar 24, 2024

When using copyrighted characters and plots, particularly from well-known creations like Miyazaki's films, for your own published works, you're navigating complex copyright laws. These laws typically protect original creative works from being used without permission, especially in... View More

1 Answer | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Washington on
Q: Can I use the term “Line Life” for tshirts for sale?

I see there is a trade mark for these words. Thank you!

James L. Arrasmith
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answered on Mar 8, 2024

When considering the use of "Line Life" for t-shirts you plan to sell, it's important to be aware of existing trademarks on these words. Trademarks are designed to protect the brand identity of businesses across various products and services. If "Line Life" is trademarked... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: I have a question about legal use of copyrighted images.

The 501(c)6 nonprofit for which I volunteer has used collages including some copyrighted images to inspire our members' participation in weekly themed events. The organization does not directly benefit from these events, while the members can and do sell items from these promotionals. Each... View More

James L. Arrasmith
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answered on Mar 5, 2024

When evaluating the use of copyrighted images, the concept of fair use is pivotal. Fair use allows for limited use of copyrighted materials without permission from the copyright holder under certain conditions, such as for educational purposes, commentary, criticism, or parody. However, determining... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Washington on
Q: My father invented something held patent from 1968 though 1983 his idea was taken what can I do dad died
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 28, 2024

Sorry, but there is really not much that can be done now.

Firstly, patents expire. When a patent expires, the owner is not able to enforce it anymore. Your father's patent, if i issued in 1968, would have expired in 1985.

If the patent expired in 1985, and if someone...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Washington on
Q: Is the word paramount trademarked or copyrighted

.

James L. Arrasmith
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answered on Feb 21, 2024

The word "paramount" is not typically trademarked or copyrighted in its generic usage. However, it's essential to consider the context in which the word is used. If "paramount" is being used as a brand name, title, or slogan in connection with specific goods or services, it... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Who owns book copyright when author deceased & publisher (church) is closed? Small indep church, not part of organiz

The copyright on the book says March 1969 with the church publishing house as the owner. The author-pastor (also my father) died three years ago. The church and its publishing house (ie printing dept) closed 20+ years ago. Now people want to e-publish the book and give it for free. As the daughter,... View More

James L. Arrasmith
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answered on Jan 22, 2024

The question of copyright ownership in a situation where the author is deceased and the original publisher is no longer operational can be complex. Under U.S. copyright law, the rights to a work created and published before 1978, such as your father's book from 1969, typically last for the... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Would I be breaking any copyright laws by naming an item in a board game "Pumped up Kicks?"

I'm creating a board game that will only be for personal use right now but might make commercially available in the future. if I were to make a card for the game that depicts a pair of inflatable shoes called "Pumped Up Kicks" in reference to the song, maybe adding a description with... View More

James L. Arrasmith
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answered on Dec 24, 2023

Using the phrase "Pumped Up Kicks" in your board game, especially in a way that references the song, could potentially raise copyright issues. The title of a song can be protected under copyright law, particularly if it's distinctive and closely associated with the copyrighted work,... View More

1 Answer | Asked in Trademark and Intellectual Property for Washington on
Q: I have a registered trademark, I am using the trademark request form and instagram keeps denying me.
James L. Arrasmith
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answered on Nov 26, 2023

If Instagram is denying your trademark request, it's crucial to review the submission. Ensure that all the documentation you're providing is accurate and complete. This includes proof of your registered trademark and any evidence of its use in commerce.

Sometimes, the issue could...
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1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Can I show a vehicle with a manufacturers emblem in a commercial or do I need to remove the logo?

I am making a commercial for our company that does paint restoration on vehicles. In the advertisement we show a multitude of vehicles from a distance. Including a Range Rover, Infiniti, GMC, Dodge etc. We make no mention of partnerships or claims of poor quality, just show some before and after... View More

James L. Arrasmith
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answered on Nov 24, 2023

In Washington, as in most states, the use of manufacturer emblems in advertising can be a complex issue, primarily governed by trademark laws. The key consideration here is whether the use of these emblems could potentially cause confusion or imply an endorsement or affiliation with the vehicle... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: How do you note the copyright for a video where the script is owned by the author and the vid is owned by the publisher?

I teach technical classes for my business and a handful of training companies. I write the scripts and there is an agreement that I own the copyright for the text. However, the videos I film and one of these companies edits have a copyright notice that only mentions the publishing company. This... View More

James L. Arrasmith
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answered on Oct 23, 2023

Under California law, if you have an agreement stipulating you own the copyright for the script, then your rights to the text should be protected. However, the final video product is a separate work, and if the publishing company holds the copyright for that, it may be within their rights to place... View More

1 Answer | Asked in Patents (Intellectual Property), Intellectual Property and Trademark for Washington on
Q: How much would it cost to take over the Trademark patent since it was abandoned for a product/Business I create?
James L. Arrasmith
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answered on Oct 15, 2023

Taking over an abandoned trademark requires filing a new application with the United States Patent and Trademark Office (USPTO). The cost is determined by the type of application you file and any associated legal fees. If you're represented by counsel, their fees will vary based on their... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Is it illegal to publish an AI model trained on content that is illegal/pirated?

Specifically, the popular website musescore.com has scores that are "official" and cannot even be downloaded by subscribers, but musescore developers published the scores online, saying "fire us". Therefore, I am assuming that those files are illegal or pirated. Is it illegal to... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 2, 2023

Copyright in works generated with AI, and use of copyrighted materials in AI training are hot topics lately. The US Copyright Office has issued guidance on the subject which can be found here:

https://www.copyright.gov/ai/

The important legal point is that copyright registration...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Washington on
Q: solawave patent

is the actual product SOLAWAVE 90185508 sells patented - or can another company sell the same product with different branding?

Eric Estadt
Eric Estadt
answered on Jun 22, 2023

The product shown in trademark registration number 90185508 for SOLAWAVE appears to be registered as a design patent under D968633 for SKIN TONING DEVICE. Thus, a third party could not simply market an identical product under a different brand name without risking infringement of Solawave's... View More

2 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: i want to trademark for clothing brand called chosen or chosen one. is this possible?

i see that there are many companies that all have the same name trademarked, many companies have "chosen one" or "chosen" trademarked. how does this work? does this mean i can also make a brand called chosen and get it trademarked?

Felicia Altman
Felicia Altman
answered on Apr 5, 2023

Only one same or similar trademark can be registered in a class of goods and/or services. In order to find out if your brand/ trademark is available in the required class of goods/services you should consult a trademark attorney or service company. A quick trademark search can be conducted to... View More

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Q: Can this device be re-patented and re-made since the devices patent is expired
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

No.

The idea behind a patent is that the inventor discloses the invention, and in turn, the government gives the inventor something of value: the ability to keep others from using the patenting invention for a limited time. After the time runs out, anyone can use that invention.

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1 Answer | Asked in Personal Injury, Intellectual Property and Wrongful Death for Washington on
Q: I am experiencing a surplus of things people don’t know I need to sue and don’t have money i need help pls.

I have been hurt and can’t find the right help .

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2022

A Washington attorney could advise best, but your question remains open for a month. I'm sorry you were hurt. Without knowing the details of how it happened, it's difficult to offer meaningful direction. One option is to reach out to Washington personal injury attorneys to review your... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: If my painting was used on a blog with my permission, can another online publication use same image if I own copyright?
Timothy John Billick
Timothy John Billick
answered on Dec 28, 2020

It depends on what rights you gave to the blog, and if your subsequent usage would exceed those rights. Talk with an experienced copyright lawyer.

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