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Arizona Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Arizona on
Q: Does a volunteer own the intellectual property they create for a company if no agreement is made saying otherwise?

In the US (specifically Arizona), if you create intellectual property (e.g. website, social media channels and 3rd party sales channels) as a volunteer (I was a volunteer in a business my husband was a co-owner in, I was not paid, wasn't asked to do create the IP nor directed in any way and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 23, 2021

Depends on any communications or agreement.

Most likely any creation would be considered as a gift.

Depending on the value of the creation an attorney can advise you on what to do

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: Can I print a similar design but with different wording and logo as the texas roadhouse logo without infringing trademak
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2020

Depends on how similar it is.

You should consult with an attorney.

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2 Answers | Asked in Copyright and Intellectual Property for Arizona on
Q: Can I use pictures (that I took) of artworks in galleries or museums on my blog?

I am starting an art opinion blog, writing about museums, galleries, and exhibitions. I take my own photos of the artwork in these spaces when allowed. I would like to post these pictures on my blog to add detail but am worried about the legality of posting pictures of someone else's... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 20, 2020

This will most likely fall within the exception of "fair use" in copyright law, but be sure to check to see if some of sculptures are also subject to a trademark registration (see, e.g., Space Needle, Golden Gate Bridge).

Also check the Terms of Entry with every single museum to...
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3 Answers | Asked in Intellectual Property and Trademark for Arizona on
Q: I was contacted by someone who says they own the trademark to a brand that I have been using since 2008. They filed 2015

How can I go after them to reverse the Trademark?

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 6, 2020

First, a point of clarification - a trademark and a trademark registration are not the same thing... they're kind of like a car and its title, or a house and its deed.

If you've been commercially using your mark since 2008 without a federal trademark registration, you have what...
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1 Answer | Asked in Civil Litigation, Intellectual Property and Divorce for Arizona on
Q: Our car was in both of our names. She trade in our car for a car in her name only. Can she do this without my signature.

I'm without a car.Is there anything I can do to get my car back from the dealer.

Peter H. Westby
Peter H. Westby answered on Jul 29, 2020

She can and did do this without your signature. It sounds like your car title was an "or" title. This type of title would allow either one of you to trade or sell the vehicle without the signature of the other. It is very unlikely that you will be able to get the car back from the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: What is the current status of: LOVE'S Owned by: Love's Bakery, Inc. Serial Number: 87316
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 11, 2019

It is suspended.

There are two more applications using similar name for similar application. This application will be processed once the two in front of it are disposed of.

If you need any specific help make an appointment for an in depth consultation.

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Intellectual Property and Small Claims for Arizona on


Peter N. Munsing
Peter N. Munsing answered on Aug 29, 2019

Assuming you were injured, and the two years has not run, you can make a claim against the other driver. Trying to sue someone over the court mess won't get you anywhere. Congratulations, though on unscrambling it. As to the bills, depending on what they are etc you may be able to collect on... Read more »

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Arizona on
Q: Question re: intellectual property (software, trademarks), closing a CA LLC partnership, and marital property and debt.

I want to hire someone for legal advice but don't know what type attorney I need.

I had my own IT business prior to marriage. While married I formed a CA LLC partnership with then husband and a family member of his.

I filed for divorce and it went through uncontested, but the... Read more »

Karima Gulick
Karima Gulick answered on Aug 20, 2019

you need a business attorney and possibly a family lawyer as well.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Arizona on
Q: I would like to know if patent agent ROBERT VON HECK is still alive and available for business.

I contracted with him in San Diego in the early 2000s.

Peter D. Mlynek
Peter D. Mlynek answered on Jul 25, 2018

I don't know, but he is no longer listed as a patent agent or a patent attorney on the USPTO's Office of Enrollment and DIscipline's website.

This would indicate that he is no longer available for business.

1 Answer | Asked in Family Law, Child Custody, Education Law and Intellectual Property for Arizona on
Q: Father kicked me out of the house and has important stuff, I'm 16. What can I do?

I'm 16 and living with my mother now 30 miles away from my school. I still have to go to school and im wondering if I could legally stay with a friend until school is out. My father also has a case my mother opened against him and his girlfriend for refusing to let me and my sister see her but... Read more »

Peter H. Westby
Peter H. Westby answered on May 1, 2018

You should speak with your mother and the two of you should consult with her lawyer. Her family law lawyer can assist you in recovering your belongings.

1 Answer | Asked in Intellectual Property and Trademark for Arizona on
Q: I am looking to start up a business that uses memorabilia from like Disney & Marvel ect.. Do I need anything special?

Do I need any special permits or anything to use items around my business?

Peter H. Westby
Peter H. Westby answered on Jan 30, 2018

Before you start your business you should speak with an intellectual property attorney. You may need licenses from Disney, Marvel and others to use their memorabilia, trade names, trade marks, etc. If you do not do this properly, you run the risk of being sued. A lawsuit could ruin a new... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: if i register my story for a copyright, do I need to wait for a certificate before I print out books?

Literary copyright question. Legally protected or not before revive certification?

Peter D. Mlynek
Peter D. Mlynek answered on Jan 21, 2018

No, you don't need to wait.

As a matter of fact, you no longer have to register it in order to be protected. You have a copyright from the moment that you create your work in a fixed medium. You may want to register your work nonetheless because you need to have it registered if you...
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1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: What kind of licensing do I need to use a song on a podcast if the artist has given permission and owns the rights?

I have a podcast for children and got permission from a musician to use one of his songs on one specific episode. The podcast episode is offered for free and I will give appropriate credit to him on the episode. It sounds like he owns the rights to his own music. He thought I would need a... Read more »

Barbara Berschler
Barbara Berschler answered on Sep 5, 2017

It sounds like you should ask for a written license/permission to use the work which states that the song writer does in fact own all of the rights and he is granting you x times to use the work under certain circumstances. You should consider all of the ways you might use the work going forward,... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: Custom watchmaker question: can a unique dial design, and ensuing way to read time be trademarked and owned?

I am a custom watchmaker who creates dials and watches. I have designed an absolutely unique way to track and read the time of day on a watch dial. This design could be used in clocks also. Here is my question: Can this unique dial configuration be trademarked or maybe copyrighted so that others... Read more »

Benton R Patterson III
Benton R Patterson III answered on Aug 4, 2017

To fully answer your question I would need to know more about the function of the dial configuration. The design may be protected by copyright law if it is not functional. However, the scope of copyright protection may be narrow, leaving room for others to design around your dial. From your... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Arizona on
Q: If I named my company Vive and another company named Revive(TM) makes similar products would this be a TM issue?

Both companies make fitness products.

Michael Gerity
Michael Gerity answered on Jul 28, 2017

The most important issue, though not the only one, is whether there is or is not a reasonable likelihood of confusion with the relevant consumer market. Thus, in general, the more similar the names, the higher the likelihood of confusion, the more similar the products, the higher likelihood of... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: Someone took a photo of me off my facebook and cropped it to show just me and posted it on a website, is that copyright?

Can I file a DMCA to get it taken down, or will that backfire since it is cropped. It was posted with defamatory content, but I just want the picture gone at best.

Michael Gerity
Michael Gerity answered on Jul 21, 2017

Did you take the photograph? The holder of the copyright in a photo is the person who actually took the picture, or a licensee/transferee of the copyright. As such, any claim would have to be made by the actual copyright holder. Meanwhile, using a portion of a copyrighted work (cropping it down... Read more »

1 Answer | Asked in Intellectual Property for Arizona on
Q: Question about creating custom art for sale?

I am an artist who is planning on making custom painted tote bags and selling them. I bought the bags from a website and plan on painting them myself but is it illegal to paint things such as band logos, star wars characters, tv/video game characters ect. onto a bag and then sell it myself? Is that... Read more »

Michael Gerity
Michael Gerity answered on Jul 21, 2017

You are very likely going to be infringing on a number of intellectual property rights if you use band logos, star wars characters, etc. Not only might you be infringing on copyrights, you might have trademark issues, product dilution issues, false attribution of source/sponsorship issues, etc.... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: When can you be construed as copyrighting a name?

I have a fictional character that is part of a group. On items featuring the character, I have "Character, Group, and all related characters are © me"

An individual with a group that has the same name is claiming that by doing this I am putting a copyright claim on the name... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Apr 6, 2017

Your factual scenario is a bit unclear. Names, short phrases, slogans and terms are not subject to copyright law. Copyright attaches automatically to original works of authorship, which may include the character that you describe. Copyright notice is no longer obligatory to perfect copyright in... Read more »

1 Answer | Asked in Intellectual Property for Arizona on
Q: Can my university legally claim ownership of my intellectual property?

I am a student at Arizona State University's Walter Cronkite School of Journalism. I have been told multiple times that as students, any videos that we create using our school's equipment do not belong to us students; they belong to the school and we have no rights to the content. Is this... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Mar 5, 2017

Yes, unfortunately, it likely can. You probably signed some sort of an agreement to that effect when you enrolled in the school.

A couple of points:

(1) Once you graduate and start working for a magazine or newspapers, your work will also belong to your employer.

(2) As...
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1 Answer | Asked in Entertainment / Sports and Intellectual Property for Arizona on
Q: I own and I see people trying to trademark tokemaster. I have been using it for almost 9 years now.

Is it possible for someone else to trademark the name when I have been using for 9 years as

Adam Studnicki
Adam Studnicki answered on Dec 28, 2015

If you have a trademark and someone violates your trademark, you can ask them to cease and desist. An intellectual property lawyer can advise based on your specific situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only...
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