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Washington Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: In a trademark, can I protect future additional goods & services that are in progress & haven't been created yet?

I'm planning on creating a book series in which I want to trademark the title. I'm also currently creating a video game to add to this franchise. In the future, I want to file another application to extend my trademark to not only protect my books, but my video games too.

Since... View More

Allison Higgins
Allison Higgins
answered on Nov 12, 2020

Hi there! It is great that you are thinking about IP protections from the very beginning.

From a trademark standpoint you have limited options that far in advance. You can file trademark registrations for things that are not in commerce yet (called an intent-to-use application), but the...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: I am trying to create my own gum and mint that has caffeine, l theanine and other Supp. How does this patent affect it?
Timothy John Billick
Timothy John Billick
answered on Sep 28, 2020

Without knowing what patent you're referring to, I can't answer this question fully. However, you can create various search terms around these elements if you utilize Google Patent Search, the USPTO database (PatFT), and the WIPO patent search database (patentscope) to get you in the... View More

2 Answers | Asked in Banking, Bankruptcy, Business Law and Intellectual Property for Washington on
Q: What kind of an attorney do I need if there are issues with divorce, fraudulent bankruptcy, property, and business.

He also made me very sick. I have been blocked from seeing any documents. I am in need of a attorney ASAP

Robert C. Hahn III
PREMIUM
Robert C. Hahn III
answered on Jun 4, 2020

The short answer is, you need an attorney that understands both family law and bankruptcy law or two lawyers that know each individual area of law to work together.

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2 Answers | Asked in Copyright and Intellectual Property for Washington on
Q: I have a questions about copyright infringement and my stolen content

Hello, I am an artist known by the name LeopARTnik (everyone calls me Leo). I create different content but lately, it is short video animations. I am not making money on my work yet. I am still growing and building my audience but it is growing rather fast. The issue I want to discuss is related to... View More

Enrico Schaefer
Enrico Schaefer
answered on Mar 30, 2020

This is a common problem. The first thing you should do is register your copyrights. You typically have less leverage if you are not registered. Registration will definitely help you with infringement moving forward. I would need to know more about where the works are being copied from and other... View More

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1 Answer | Asked in Constitutional Law, Intellectual Property and Small Claims for Washington on
Q: So if someone who I live with who I have no relationship to, violates my 4 amendment right, can I create a case?
Tim Akpinar
Tim Akpinar
answered on Dec 4, 2019

The Fourth Amendment applies to unlawful searches or seizures on the part of the government. Your situation sounds like a civil matter between two individuals. Keep in mind that whatever legal remedies might be applicable here that a Washington attorney could advise about, it could be... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: I'm an artist who is using portraits from historic photos for which copyright is difficult to determine.

The photos have generally been captured from online sites such as Pinterest or general historic photo searches. Specifically I'm plucking images of people from the internet, printing them on my home computer, physically cutting them out of their original setting and collaging them into bigger... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 9, 2019

You are facing a tough issue. You should definitely talk to an attorney. Also check with an insurance company agent covering copyright violations. They may have some clear cut criteria you can use as a guide.

In general there are several layers of rights. Pintrest and the poster could have...
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1 Answer | Asked in Intellectual Property and Trademark for Washington on
Q: Can a Trademark be similar to another without penalty,i.e. "Happy Place" vs. "Your Happy Place" for example?
John Martin Hilla
John Martin Hilla
answered on Jun 17, 2019

It is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO will file an Office Action in response to the... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: What is the process for requesting permission to use Robert Indiana's LOVE to raise funds for a non-profit maker space?

We would like to open a non-profit maker space to offer STEAM Camps for students in Washington, DC. We would like to sell products, derived from Robert Indiana's LOVE sculpture, made by students and members, to raise $20,000-40,000 to cover the first few months of rent.

We would... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 13, 2019

You should look up him, or his agent. And ask for the right to use it.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: Are provisional patents for design?

Competitor claims they have a provisional patent for all but color change of an (my) existing product. I thought provisional patents were for utility only. Could they be lying? How do I find out?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 26, 2018

A provisional patent application is for a utility patent but one can file a design patent application as a continuation of a utility patent application so there is some small chance that they could end up with a design patent from an initial provisional patent application.

Generally a...
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1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Can I use some lyrics from an album in a zine I created of analog collages if I give credit to the artist/album?

The whole zine (magazine) is an ode to the influence and inspiration I received in my life from the album which is explained in the introduction. I've taken some of my favorite lyrics and created a series of analog collages for each lyric. I listed the credits on the end page. I have reached... View More

Andrew Zulieve
Andrew Zulieve
answered on Jan 31, 2018

Copyright infringement requires that there be a substantially similar reproduction of another's original work of authorship. It is a fact-intensive inquiry and may be, but is not necessarily always, tied to the actual amount of copying from the original work of authorship. It may be a good... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: I’m trying to determine if this patent is what I’m looking to create - https://patents.justia.com/patent/8656283

I’m looking to create a mobile program that allows kids to create their own stories by supplying them with art assets and allowing them to write in text. If this patent is that exact thing, is there a way around creating that or am I completely blocked on making this program? When does the patent... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 7, 2017

Thanks for caring enough about doing the right thing to ask a question. The technical term for what you are asking is called freedom to operate (FTO) or sometimes "clearance". You are asking whether there are concrete legal rights that exist that would impinge on your freedom to operate... View More

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1 Answer | Asked in Copyright, Internet Law, Business Law and Intellectual Property for Washington on
Q: Eat24 or an affiliate marketer made a site "stacias-pizza.com" that makes it look like my client's. Is this legal?
Will Blackton
Will Blackton
answered on Jul 7, 2017

Are you saying you're a web designer and you created a website for a pizza place, and someone copied and rebranded that website as Stacia's Gourmet Pizza?

If so, how much of your work was copied? What elements: images, text, html?

Or are you saying that Stacia's...
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2 Answers | Asked in Copyright and Intellectual Property for Washington on
Q: Does mailing a copy of original work to yourself give you any copyright protection?

I have a brochure I made in 1998 I only have the one copy that I mailed myself to protect the work. I want to update it but don't want to lose any protection I might have by opening the envelope. Is it protecting me, and thus needs to remain unopened, or is that an urban myth?

Will Blackton
Will Blackton
answered on Feb 24, 2017

This is an urban myth. Original creative works receive copyright protection as soon as they are created in some retrievable form, that is, when they're written or printed. Mailing yourself the work does nothing to enhance that copyright protection. However, filing for statutory copyright... View More

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1 Answer | Asked in Intellectual Property for Washington on
Q: Would it be Illegal to sell a hockey jersey that does not have the NHL logo or the name Reebok anywhere on it?

Say I had a Red Wings jersey that looked like the real jersey but was not real because of the stitching, straps, etc. But the jersey did not say Reebok or NHL anywhere on it. Would it still be illegal to sell would I be infringing on any IP?

Walker Weitzel
Walker Weitzel
answered on Apr 29, 2017

The key question in trademark law is whether there is a likelihood that a consumer would be confused about the source of the jersey. There are a bunch of parts of a jersey that might indicate its provenance, including the design, the team name, any logos, team colors, etcetera that could all be... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: I'm writing a parody novel I intend to sell using cheap knock offs of action movie characters.

I'm using many famous action movie/tv icons but with slightly or totally different names and personalities as characters in my book. The story is original, but mocking fantasy and sci-fi tropes. For example I spoof Mick "Crocodile" Dundee by making a character named Paul... View More

Donovan A Rodriques
Donovan A Rodriques
answered on Jan 21, 2017

You should speak with a qualified entertainment attorney regarding all the facts of your situation. Your treatment of these fictional characters may be considered "fair use", and the subject of first Amendment expression, which includes biographical, historical, satirical, and parodic... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Can Rainbow pattern dice be copyrighted?

A dice manufacturer has made dice for games like dungeons and dragons that are rainbow pattern. By Layering different colored resin on top of resin until the die is completed. Can this be copyrighted? They said they put in a copyright that protects this in the USA. But I can't find it.

Marjorie Simmons
Marjorie Simmons
answered on Sep 13, 2016

A copyright springs into being automatically when a work is created in a tangible form, however, registering the copyright with the U.S. Copyright office gives the copyright holder more rights to pursue a remedy if the copyright is infringed by others. You may want to read the general FAQ... View More

1 Answer | Asked in Intellectual Property for Washington on
Q: If I created a logo for a business with the promise of payment and didn't receive payment, who has copyright?

My husband started a business in OR with partner, they had me work on website, logo, etc. Now. Husband has left the business after 3 months and I never got paid for my work. The redemption was signed and didn't include my fees, but I was under the impression that I would get paid. Two... View More

Marjorie Simmons
Marjorie Simmons
answered on Jul 6, 2016

A work can be "made for hire" under some circumstances, and in those circumstances, the person who hired the work can be the work's owner. If there was any understanding that the work (logo & site) was to be paid for in order to be used, then you can stop the person from using... View More

1 Answer | Asked in Intellectual Property for Washington on
Q: how do I change my address for my trademark?
Marjorie Simmons
Marjorie Simmons
answered on Jul 6, 2016

Did you register your trademark with the USPTO (http://www.uspto.gov/trademark)? Or did you register your trademark with the state? Each have their own procedures for address changes. If you have an online account with the USPTO, you can log in and update your account there, and they at times... View More

2 Answers | Asked in Intellectual Property for Washington on
Q: Can I register a copyright to a diary I found in my grandmother's attic?
Paul Overhauser
Paul Overhauser
answered on Dec 17, 2010

Only a "claimant" to a copyright can register it. You are not the "author" you so you can not claim ownership through authorship. However, assuming your grandmother is dead, and your are her sole heir, you may be the copyright owner under the laws where your grandmother died.... View More

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