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Arkansas Intellectual Property Questions & 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
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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
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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...
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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
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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...
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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

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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
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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...
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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

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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

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