Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arkansas Intellectual Property Questions & Answers
2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Arkansas on
Q: Hi. I am consider to paten an apparatus for pulling. The apparatus requires the use of a handle which may be patented.

So the handle is a handle that is primarily used for jump ropes but I am using my handle simply for the motion effect and it will my product will not be a jump rope. Are there any legal problems with this to patent the new product that I am designing.

David Aldrich
David Aldrich
answered on Dec 4, 2024

This type of product is certainly patentable. However, whether you will be able to successfully obtain a patent will depend on whether it has already been disclosed by someone (this is called "prior art"). You should contact a qualified patent attorney directly (this is just public... View More

View More Answers

1 Answer | Asked in Trademark and Intellectual Property for Arkansas on
Q: I am selling fall candles, can I use "Autumn Walk" on my candle? The word “Autumn” itself is trademarked in candles.

I am looking at selling some of my homemade fall candles. It is considered trademark infringement to describe/name my candle with the word "Autumn" within my candle descriptive name with other words added to it? For example, if I named my candle "Autumn Walk" is that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024

Using "Autumn Walk" for your candle could potentially be considered trademark infringement. The term "Autumn" being trademarked by Bath and Body Works for candles means they have exclusive rights to use it in that context. Adding another word like "Walk" might not be... View More

1 Answer | Asked in Copyright and Intellectual Property for Arkansas on
Q: Can 1950 copyrighted syndicated comics that were not re-registered get their copyrighted status back?

I inherited the original galleys of the comics that were copyrighted as a work for hire from the syndicate I also inherited. I have an exclusive licensing contract agreement with a company, who has requested that I update the copyrights to protect them from being used for commercial, and not... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

Based on the information provided, it sounds like you have inherited the original physical materials (galleys) of comics that were created as works-for-hire and initially copyrighted by the syndicate you also inherited in 1950. The key considerations are:

1. Pre-1978 works had an initial...
View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Arkansas on
Q: What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own

It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 10, 2024

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.... View More

View More Answers

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Arkansas on
Q: What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own

It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

When a copyright or trademark has been abandoned, it generally means that the owner has stopped using or enforcing their rights to the intellectual property. This can happen due to various reasons, such as:

1. The owner deliberately abandons the copyright or trademark.

2. The owner...
View More

View More Answers

1 Answer | Asked in Intellectual Property, Business Formation and Business Law for Arkansas on
Q: How can I legally sell merchandise for my YouTube saxophone covers?

I run a small YouTube channel where I post saxophone covers of popular songs and I'm interested in selling merchandise like vinyl records, CDs, t-shirts, and stickers. I have not yet reached out to music publishers for permission or licenses. From a legal standpoint, how should I proceed to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2025

If you want to sell physical copies of your saxophone covers, such as CDs or vinyl, you will need to obtain the proper licenses first. Cover songs require what’s called a mechanical license, which gives you the right to reproduce and distribute another artist’s work. These can usually be... View More

1 Answer | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Arkansas on
Q: How to change my LLC name while keeping my EIN number in Arkansas?

I own an LLC and recently discovered that another company has the same business name, prompting me to change it to avoid confusion. I've verified that my desired new name is available and not trademarked by another entity. I want to understand the proper steps to change my LLC's name... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2025

You're doing the right thing by making sure your business name stands out and avoids confusion with others. In Arkansas, you can change your LLC’s name without needing a new EIN, as long as the ownership and structure of the business stay the same. The IRS lets you keep your EIN if you’re... View More

1 Answer | Asked in Intellectual Property and Trademark for Arkansas on
Q: Is modifying a prescription drug logo for non-pharma business legal?

I want to use a prescription drug logo for a junk removal business, which is not affiliated with the pharmaceutical industry. I am unsure if modifying aspects like the logo's color, font size, or design would make a difference legally. I don't know if the logo is trademarked by a specific... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

Using a prescription drug logo for a junk removal business—even with changes to color, font, or design—can still be legally risky. If the logo is trademarked, modifying it does not automatically protect you from claims of infringement. Trademark law protects not only exact copies but also... View More

Q: How to protect my IP after unauthorized use by Stripe and others?

I have discovered that Stripe Payment Processing and several other businesses have allegedly stolen my business and funds, and are using my trademarked and copyrighted business name without my authorization. Despite not having launched my business yet, they have somehow accessed my private... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

You must begin by gathering all evidence of your intellectual property ownership—registered trademarks, copyright certificates, business formation documents, and any original work or branding elements associated with your business. Secure documentation showing your control over the business name... View More

2 Answers | Asked in Intellectual Property and Trademark for Arkansas on
Q: Can I use a modified Red Cross logo for my business in Arkansas without legal issues?

I plan to use the Red Cross logo for commercial purposes, but I'm considering altering its color and using an alternate design. I am not associated with any medical or humanitarian organization. I'm not aware of existing trademarks associated with the logo, and I haven't consulted... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Jul 1, 2025

As you know, via this answer we cannot provide legal counsel. However, in this case it is most likely unlawful to use a modified version of a logo used by another, special an entity as emblematic as the Red Cross. The Red Cross emblem—a red cross on a white background—is protected under federal... View More

View More Answers

1 Answer | Asked in Federal Crimes, Identity Theft, Intellectual Property and Landlord - Tenant for Arkansas on
Q: Person knowly commiting bodily harm to people in neighborhood along with personal property and vehicle of ADA & crime

Also unlawful use of fire arm on and around rental property. Harm to elderly people and commit conspiracy with landlord in Arkansas. Harm to Service Animal also breaking and entering.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

Hi there,

It is advisable to consult with an attorney in your jurisdiction to review the specific details of your case and determine the applicable laws and limitations.

3 Answers | Asked in Trademark and Intellectual Property for Arkansas on
Q: If my old high school stopped using our mascot and never trademarked it, is it fair game that I could now Trademark it?

So we used to be Red Devils when I was in high school over 20 years ago. After I graduated in 97, a year or so afterwards, the school dropped the red devils and consolidated with a neighboring school to become cougars. Could I now have the opportunity and permission to trademark the devil logo they... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 1, 2023

"Trademark" is a noun, not a verb. Trademarks may be REGISTERED (a verb).

Only a USER of a trademark may register it. The application to register a trademark requires submission of a specimen (proof) showing active use of the mark in commerce. The application may be granted only...
View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Arkansas on
Q: What does "Status: 710 - cancelled - section 8" mean on a trademark?

If a name is showing a trademark and then shows the above: "Status: 710 - cancelled - section 8"

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 21, 2023

That code means that the trademark was cancelled due to failing to timely file the proper renewal paperwork. The first trademark renewal is due after the five year anniversary of the registration date, during that fifth year. The second renewal is due ten years after the registration date. Third... View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Intellectual Property for Arkansas on
Q: I'm a victim of a crime me rights have been ignored

False my title

Gary Kollin
Gary Kollin
answered on Sep 30, 2019

If you think do, then consult with an attorney in person

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.