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Florida Intellectual Property Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Am I able to apply for a name that is already trademarked, but has been dead and abandoned for 17 years?
Robert Hugh Johnston III
Robert Hugh Johnston III
answered on Aug 10, 2024

If I understand the question correctly, you mean by “trademarked” that it was once federally registered but now has been abandoned or cancelled. In most situations you could file for a trademark registration for that mark and use that mark. One caution is that it's possible the owner of... View More

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If someone has a tattoo that is a copy of someone else's work, could they get in legal trouble for it?

How should someone who is trying to build a career online go about this?

Bao Tran
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Bao Tran
answered on Jul 25, 2024

If someone has a tattoo that is a copy of another artist's work, they could potentially face legal issues related to copyright infringement. Here are the key points to consider:

Copyright Infringement

Tattoo Artists' Liability: Tattoo artists can be sued for intellectual...
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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If someone has a tattoo that is a copy of someone else's work, could they get in legal trouble for it?

How should someone who is trying to build a career online go about this?

James L. Arrasmith
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answered on Jul 26, 2024

If you have a tattoo that copies someone else's artwork, you could face legal trouble if the original artist decides to take action. Copyright laws protect original works, and tattoos are considered creative works. The artist might claim that you infringed on their copyright by copying their... View More

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: Is it legal to sell used soccer jerseys for England and Spanish teams ?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the search results and general legal principles regarding the resale of sports jerseys, here are the key points to consider:

Authenticity: It is legal to resell authentic, used soccer jerseys for England and Spanish teams, as long as they are genuine products that were originally...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Is the method of ‘adjusting golf scores based on abnormal weather conditions’ patenable?

USGA World Handicap System

James L. Arrasmith
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answered on Jun 22, 2024

To assess the patentability of 'adjusting golf scores based on abnormal weather conditions' as part of the USGA World Handicap System, we need to consider several factors:

1. Novelty: The idea must be new and not previously disclosed to the public.

2. Non-obviousness: It...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: how do I contact this company for a licence to one of these patents

My dream is to get Beta Hydroxy butyrate (BHB) available for everybody in the supermarket because of its unprecedented health potential. The use of BHB for increasing ketone bodies is patented. Therefore, I probably need a licence to this patent if I would like to sell such a product in the... View More

James L. Arrasmith
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answered on Jun 22, 2024

To answer your question, we need to break it down into a few steps:

1. Patent verification:

First, we need to confirm that the use of Beta-Hydroxybutyrate (BHB) for increasing ketone bodies is indeed patented. Without specific patent information, I can't verify this claim....
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1 Answer | Asked in Business Law, Copyright, Civil Rights and Intellectual Property for Florida on
Q: as a photographer can photos of people in a public space be added to my website without the permission of the person?

as a freelance photographer, do i really need someones permission to add the pictures i take in a public setting to my website? or would this not be allowed for any reason?

James L. Arrasmith
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answered on Jun 19, 2024

As a photographer, you generally have the right to take photographs of people in public spaces without their permission. This is based on the legal principle that there is no reasonable expectation of privacy in public places. However, there are some important considerations and potential... View More

Q: Do I need the list all ingredients in a hair growth oil that only contains essential oils?

I want to sell a hair growth formula I created. It is a blend of 5 essential oils. I want 3 of them to be kept private. The reason for this is because this specific formulation and combination of oils is currently not on the market and I would like to keep my unique formula protected. Would I be... View More

James L. Arrasmith
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answered on Jun 15, 2024

When selling a hair growth oil, you generally need to comply with cosmetic labeling regulations, which typically require listing all ingredients on the product label. This ensures transparency and helps consumers make informed choices, especially if they have allergies or sensitivities.... View More

1 Answer | Asked in Intellectual Property and Copyright for Florida on
Q: Can i do a parody video on youtube using a Beatles song changing the lyrics
James L. Arrasmith
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answered on Jun 13, 2024

Creating a parody video using a Beatles song with altered lyrics can be tricky due to copyright laws. Parody is often protected under fair use, but it needs to be clear that the work is a parody, commenting on or criticizing the original in some way. Simply changing the lyrics without this context... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: What can I do to protect the ingredients in my hair growth oil?

I created my own hair growth oil formula that is a combination for 5 oils. I know I need to at least list two of them since they have allergen potentials however, I'd like to protect the last 3. I do not know if I have to list all the ingredient's on the labels or if there is something I... View More

James L. Arrasmith
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answered on Jun 9, 2024

When it comes to protecting your hair growth oil formula, you have a few options. Here's some guidance on each:

1. Ingredient Labeling:

In most countries, including the USA, cosmetic products must list all ingredients on the label. This is to ensure consumer safety and...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Can I use picture frame designs around the text in my authored books?
James L. Arrasmith
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answered on Jun 8, 2024

Based on your question, it seems you are asking whether using decorative picture frame designs around the text in books you have written would be legally permissible from an intellectual property perspective. Here are a few key considerations:

Copyright: Assuming you created the picture...
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2 Answers | Asked in Contracts, Copyright, Civil Rights and Intellectual Property for Florida on
Q: need help taking videos down on multiple websites that were not consented to post

i was on a camgirling website as a guest and to my surprise the videos were posted long ago, i want to know if i can have help to remove them all

Jennifer Newton
Jennifer Newton
answered on Jun 3, 2024

To address this issue, you'll need to take the following steps:

Contact the website and send a formal request to the website's administration, demanding the immediate removal of the videos. This request should include:

-Identification of the specific videos in question....
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2 Answers | Asked in Contracts, Copyright, Civil Rights and Intellectual Property for Florida on
Q: need help taking videos down on multiple websites that were not consented to post

i was on a camgirling website as a guest and to my surprise the videos were posted long ago, i want to know if i can have help to remove them all

James L. Arrasmith
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answered on Jun 3, 2024

I understand your concern and the urgency of getting those videos removed. First, you should contact the website where the videos were originally posted and request their removal. Many sites have policies against posting non-consensual content, and they might act quickly to take it down.... View More

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I am the owner of Purple Dryad and have been so legally since 2017.

My former attorney arranged the ownership for me so I don't know what this is. I simply need some direction and will have another attorney, local, attend to it.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 25, 2024

US Reg No. 5500635 for PURPLE DRYAD is active for retail store services, and your name and address are correctly shown in the USPTO records. To maintain the registration, statement of continuing use must be filed by Jun. 26, 2024. This is a simple task for an experienced trademark attorney.

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I am the owner of Purple Dryad and have been so legally since 2017.

My former attorney arranged the ownership for me so I don't know what this is. I simply need some direction and will have another attorney, local, attend to it.

James L. Arrasmith
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answered on Jun 2, 2024

To address your concern, you first need to understand what documents or agreements your former attorney used to arrange the ownership of Purple Dryad. Start by locating any legal documents, contracts, or ownership certificates that were provided to you at the time. These documents should outline... View More

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If I wanted to copyright art for a new card game, would that protect just one card, or every single one?

I'm making a new card game, and while all of the art is original, I'm worried someone might steal it. If I were to copyright it would it protect all of my art or just one single card?

Alan Harrison
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answered on Apr 24, 2024

You could file a copyright registration for each individual card or for the whole set of cards. If you file for the whole set as one registration and someone copied just one card there is an argument that their copying would be de mínimus (not a big deal) compared to the whole set of cards.

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If I wanted to copyright art for a new card game, would that protect just one card, or every single one?

I'm making a new card game, and while all of the art is original, I'm worried someone might steal it. If I were to copyright it would it protect all of my art or just one single card?

James L. Arrasmith
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answered on Apr 25, 2024

When you create a card game with original artwork, you automatically have copyright protection for each individual piece of art you created. However, registering your copyright with the U.S. Copyright Office (assuming you're in the United States) provides additional benefits and makes it... View More

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1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Hi, we are a gift basket business in Florida. What are the laws about having items in a basket that are trademarked?

for example, If we put a book in a kids box is that allowed? What about things like legos or disney or another "known" company product in the basket if we are not claiming it as our own or that we made it?

James L. Arrasmith
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answered on Apr 16, 2024

When it comes to including trademarked items in gift baskets, the key considerations are the principles of trademark law and the "first sale doctrine." Here's what you need to know:

1. First Sale Doctrine: Under U.S. copyright and trademark law, the "first sale...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: If I modify a Japan art work that is copyrighted am I subject to American or Japanese Copyright law?

I am living in the United States, this is a non profit fan image, i have no intentions of profiting or selling the image

James L. Arrasmith
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answered on Apr 11, 2024

In this case, there are a few key considerations:

1. Jurisdiction: Generally, copyright infringement lawsuits are governed by the laws of the country where the lawsuit is filed. As you're based in the U.S., it's likely that U.S. copyright law would apply if a lawsuit was brought...
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2 Answers | Asked in Copyright, Business Law and Intellectual Property for Florida on
Q: I am making a product that can accompany books. Is it legal if I say “pairs well with (name of a book not written by me)
James L. Arrasmith
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answered on Apr 5, 2024

It is generally legal to say that your product "pairs well with" a specific book, even if you did not write that book. This would likely be considered nominative fair use.

Nominative fair use allows you to refer to another party's product or work in order to describe your...
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