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Colorado Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Entertainment / Sports, International Law and Intellectual Property for Colorado on
Q: Can I link to copy-righted material on Patreon?

I have a patreon where I transcribe scenes (movies, television, video games, etc...) for actors to practice with. Would it be legal for me to add a link to a 30s-60s clip of the scene for reference if its unlisted-demonetized on youtube? Also, does the use of overseas media change anything?

James L. Arrasmith
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answered on Jun 19, 2024

Here are a few thoughts on linking to copyrighted content on Patreon, but please note that this shouldn't be taken as legal advice:

In general, linking to copyrighted material, even if it's unlisted and demonetized on YouTube, could still be considered copyright infringement...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
Sean Goodwin
Sean Goodwin
answered on Mar 20, 2024

At least one of the independent claims (including each element of the claim) must be made, used, offered for sale, or sold for your patent to be infringed. If any element of the independent claim is missing, then they have designed a way around your patent.

The first step is to consult a...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 15, 2024

If someone is infringing your product or process, you need to see a patent litigation attorney.

The first thing that the attorney will do is to investigate whether the company is actually infringing your patent. By "infringing your patent", I mean that the company is making or...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
James L. Arrasmith
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answered on Mar 20, 2024

If you suspect that a company is using parts of your patent without permission, the first step is to gather all relevant evidence, including details of your patent and the aspects of the product that allegedly infringe upon it. Consulting with a patent attorney can provide you with a professional... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Colorado on
Q: I am creating a competitive collapsible water bottle to Hydrapak LLC - I want to understand what design limits I have

NA

James L. Arrasmith
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answered on Feb 23, 2024

When creating a competitive collapsible water bottle similar to Hydrapak LLC, it's essential to consider several factors that may limit your design. Firstly, you should carefully examine any existing patents or intellectual property rights held by Hydrapak or other competitors in the market.... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

James L. Arrasmith
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answered on Feb 25, 2024

If the patent application lapsed and the invention has been publicly disclosed or sold for more than one year, under United States patent law, it may not be possible to file a new patent application for the same invention. The U.S. operates under a "first to file" system, and there's... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 22, 2024

It is possible. You will need to consult with a patent attorney and go through the dates of specific events.

If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public...
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3 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Colorado on
Q: My gym made a t shirt that hints at another gyms logo. The t shirt is satire. I’m looking for a lawyer to take a look

The t shirt is purple and says “welcome to the judgement zone” this is a twist on a popular gym franchise. We used the colors yellow and purple and the shirt features a thumbs down in the middle. We can send the design for review

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 17, 2024

Though I can't comment on your specific legal situation in this forum, I can offer some guidance on the fair use doctrines in US trademark law. In a combination of codified federal law and certain supreme court rulings, the development of a phrase or logo that parodies an existing, registered... View More

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3 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Colorado on
Q: My gym made a t shirt that hints at another gyms logo. The t shirt is satire. I’m looking for a lawyer to take a look

The t shirt is purple and says “welcome to the judgement zone” this is a twist on a popular gym franchise. We used the colors yellow and purple and the shirt features a thumbs down in the middle. We can send the design for review

James L. Arrasmith
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answered on Jan 18, 2024

When considering the legal aspects of your gym's t-shirt design, it's important to understand the concepts of trademark infringement and parody. Trademark infringement occurs when a new design is confusingly similar to an existing trademark, potentially causing the public to mistakenly... View More

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2 Answers | Asked in Trademark, Copyright and Intellectual Property for Colorado on
Q: Can I use shadow silhouettes of trademarked characters on the cover of an educational non-fiction book?

It is a book about positive, negative, and flat character arcs. The cover would preferably have easily recognizable shadows of characters that fit each arc type. Such as Han Solo, Walter White, and Wonder Woman. I have characters in the public domain in mind in case I need to go that route, but... View More

James L. Arrasmith
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answered on Aug 15, 2023

Using shadow silhouettes of trademarked characters on the cover of your educational non-fiction book could potentially raise copyright and trademark issues. While the concept of shadows may lessen the likelihood of direct infringement, it's important to consider the overall impression and... View More

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2 Answers | Asked in Trademark, Copyright and Intellectual Property for Colorado on
Q: Can I use shadow silhouettes of trademarked characters on the cover of an educational non-fiction book?

It is a book about positive, negative, and flat character arcs. The cover would preferably have easily recognizable shadows of characters that fit each arc type. Such as Han Solo, Walter White, and Wonder Woman. I have characters in the public domain in mind in case I need to go that route, but... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 10, 2023

This raises both copyright and trademark issues, but both bend in your favor.

The copyrights in the commercial depictions of the characters are owned by the producers, but allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship,...
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3 Answers | Asked in Trademark, Copyright and Intellectual Property for Colorado on
Q: I’m planning to get a trademark for my company name and slogan. Should I get a copyright for the different artwork?

It is a T-shirt company that will have a variety of artwork along with our basic name and slogan.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 7, 2023

The company's trademark can be plain text, text with a graphic design, or a graphic design alone. You could also separately register the copyright in the graphic element if it is an original work. And if the products have original graphics, they can also be registered as copyrighted works. You... View More

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3 Answers | Asked in Trademark, Copyright and Intellectual Property for Colorado on
Q: I’m planning to get a trademark for my company name and slogan. Should I get a copyright for the different artwork?

It is a T-shirt company that will have a variety of artwork along with our basic name and slogan.

James L. Arrasmith
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answered on Mar 10, 2023

Yes, it is a good idea to obtain copyright protection for any original artwork that you create and use on your T-shirts. Trademarks protect brand names, logos, and slogans that distinguish a company's products or services from those of others. Copyrights protect original works of authorship,... View More

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3 Answers | Asked in Trademark, Copyright and Intellectual Property for Colorado on
Q: I’m planning to get a trademark for my company name and slogan. Should I get a copyright for the different artwork?

It is a T-shirt company that will have a variety of artwork along with our basic name and slogan.

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 7, 2023

Trademarks and copyright protection are good business protection tools, but these two areas of law can be confusing.

Trademarks protect words slogans, phrases, and graphic art (such as a logo) that are used to identify a brand or a product's seller in the marketplace. Two companies...
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2 Answers | Asked in Intellectual Property for Colorado on
Q: Copyright question regarding print on demand.

I was selling tshirts on teepublic but they changed my account to apprentice level which means that generally, me designs don't appear in searches. So I started only uploading designs that I wanted to run a specific facebook add on or designs that I wanted for myself. I wanted a shirt with the... View More

James L. Arrasmith
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answered on Aug 27, 2024

Using a copyrighted image like the Prince symbol without permission could lead to legal issues, as it is considered intellectual property. Even though other similar designs may be on the site, that doesn't guarantee protection from potential copyright enforcement. Large companies or rights... View More

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1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: If I wanted 2 call a podcast summarizing a nonacademic dnd game "[dnd name] sparknotes" would that violate copyright

the podcast would be sponsored, and the dnd game would be my own.

James L. Arrasmith
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answered on Jul 18, 2024

Using the name "[dnd name] sparknotes" for your podcast could potentially lead to trademark issues. "SparkNotes" is a well-known trademarked brand, and using it in your podcast title might be seen as implying an association with or endorsement by SparkNotes. This could result in... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Colorado on
Q: Can I take a photo that I took of a car in a public area, put it on a peice of clothing and sell it?

I took a photo of a bmw m3, in a public area and I edited the photo and designed it, and I’m wondering if I can put it on a shirt and sell it.

James L. Arrasmith
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answered on May 7, 2023

In general, yes, you can take a photo of a car in a public area and use it for commercial purposes such as selling it on a shirt. However, there are certain legal considerations to keep in mind, such as potential copyright or trademark issues if there are logos or branding visible on the car.... View More

1 Answer | Asked in Intellectual Property for Colorado on
Q: I am looking to start a blog and am wanting to ensure that the domain name I chose is ok.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 27, 2023

You should consult with an attorney to make sure you are not violating anybody's rights.

1 Answer | Asked in Intellectual Property for Colorado on
Q: I'd like to get any info on how should I act not to violate design rights.

I am an Amazon entrepreneur. We manufacture picture frames using the names and team colors of NFL teams. We received notification about intellectual property violations. Amazin indicated it as design right infringement. But there were no logos, only team colors. I’d like to know where I can check... View More

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 25, 2022

Football logos are protected by trademark law. Trademark protection is recognized in the first user of the logo to associate the logo with good or services in a marketplace. The protection of that logo is automatic, but limited. For a larger set of legal protections, the logo owner should register... View More

1 Answer | Asked in Business Law, Government Contracts and Intellectual Property for Colorado on
Q: Does my company own the right to my licenses?

During the course of my employment with my current employer I uptained my professional engineer (PE) license. I paid for all classes, books, exams out of my pocket. I even took paid time off to take the exam. My company really wants to use this license on their proposal work in order to win more... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Oct 27, 2021

The company does not have the right to use your property without your permission. Get your request in writing and then if they don't comply within 10 days go get a lawyer.

Also, if you're a W2 employee and you were told you would receive a pay increase and you didn't file a...
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