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Florida Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property for Florida on
Q: I an divorced, didt do community property yet. I ex husband has never moved out,she did. Can I have women move in

It's been year and hakf we been divorced

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2022

What do you mean you "didt (sic) do community property yet"; Florida isn't a community property state?

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Florida on
Q: I want to recreate old jewelry (1800s) with slight mods to brand and sell. Would this be a copyright violation?

I like discovering strange vintage pieces and I don't necessarily want to make "replicas" as I do want to make some alterations to the antique designs/make them more modern/brand-able. I just want to make sure I'm not stepping on anyone's toes/ violating some... Read more »

Robert Kost
Robert Kost answered on Jan 14, 2022

Jewelry is copyrightable, but from your description its copyright has long since expired. See: https://guides.library.cornell.edu/copyright/publicdomain

1 Answer | Asked in Family Law and Intellectual Property for Florida on
Q: Potential damage to family personal property.

I was at my fiance's grandmother's house who is storing some possessions of her son's. Her son gave her a Christmas tree, so we set it up for her. However, he had a top to another Christmas tree there that we thought belonged to the one he gave her . It didnt light up since it... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 13, 2021

If the son gave her the tree, it is not his. So no, he couldn't recover for negligent damage to the tree.

1 Answer | Asked in Animal / Dog Law, Copyright, Intellectual Property and Trademark for Florida on
Q: I want to start an animal rescue. How do I trademark the name or copyright it so no one else can use it?

Don't want to get sued if someone else uses the name either.

Thomas James
Thomas James answered on Nov 14, 2021

A trademark is what you are looking for. In the United States, they are established through use in commerce ("common law trademark.") To protect your rights in it, though, you should register it. Trademarks can be registered with a state or a federal government office. Federal... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Federal Crimes and Intellectual Property for Florida on
Q: the petition never received a formal accounting, and the case was dismissed, to find out that there were assets in trust

property was hidden that petitioner was in trust for him , bc trustee got divorced and were not able bc my father took my identity and sold the property to him self then when my mother went to sell she couldn't bc it was trust assets and deed and tittle in my name

Linda Liang
Linda Liang answered on Nov 6, 2021

Do you have a question? If you do not know what to ask, you should contact an attorney for a consultation as a start

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for Florida on
Q: My dad an stepmother bought a piece of property together some years ago,she wanted to build a house on it.

My dad didn't want to put any money in the house to be built,so he did not. About 2yrs went by an my father took a nasty fall down the balcony stairs one night an now he has neurological problems an of course on medication. One evening i looked up the property an it use to be in both there... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 28, 2021

It wouldn't be your "inheritance" until he were to die. But you could talk to an attorney about possibly becoming his guardian and asking that the deed be set aside.

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: As a song author, how can I protect a song without having to initially copyright it?

Fees to copyright songs have risen greatly. While one can copyright a batch of songs (10) to save on fees I am looking for an alternative. As a song author, how can I protect a song without having to initially copyright it?

If the interest was to be had in a particular work I'd... Read more »

Linda Liang
Linda Liang answered on Oct 22, 2021

Registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: hi i was inquiring about if a patent is already out about something that i made at home then saw something similar to it

ear straps for a binky for babys attached to the side wholes of the binky. i would like to actually create something like this and see its already out but wanted ,ore information on it. i saw clips that you clip onto the binky but i was to have mine built in and mass produce. can you help me please?

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Oct 13, 2021

You will need to contact a patent attorney to determine if your product would infringe on a patented product. Perhaps the patent you saw has already expired or no longer valid, but there may be other patented products that you may be at risk of infringing. It is important to determine the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Copyright Infringement

A well known British singer living in Santa Monica. They are using my US copyrighted Office photographic images I took of them before they became famous in 1989 in music video's plus at least in 2 books and across all platforms. The image is also embedded in their music video which is all over... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 5, 2021

You might have a claim for copyright infringement. I've handled a similar case in federal court involving the unauthorized use of photographs of models. You need an attorney to research the cause of action and make a formal demand, at the very least. I am very interested in the case. Feel free... Read more »

1 Answer | Asked in Business Law and Intellectual Property for Florida on
Q: I own an LLC and my partner's breached their fiduciary duties and are demanding assets that will result in layoffs...

I own an LLC (65% share), and my two business partners (35% share - they invested prior to joining as manager-members if that matters) decided to start a competing company while still a manager-member of my company while before it was dissolved. This new company they formed is 100% direct... Read more »

Jane Kim
Jane Kim answered on Sep 25, 2021

I’m not sure it is possible to answer this question intelligently due to insufficient facts. How are they member-managers if there’s no operating agreement? And you’re right, fiduciary duty would attach to member-managers. You need to retain a business lawyer to get into the facts in order... Read more »

1 Answer | Asked in Intellectual Property, Legal Malpractice and Trademark for Florida on
Q: Is it legal to record a movie for personal use from a DVD one owns?

Hello,

I am wondering if it is legal to record (copy a movie to save as .mp4) a movie with VLC that has been legally purchased (first sale) for personal (non-distributed) use. I would not like to retain the original DVD's (as I travel a lot and enjoy the convenience of a digital... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 23, 2021

Depends.

You should consult with an attorney to address your concerns.

4 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Florida on
Q: Do I need a licensing/trademark specialized lawyer?

I'd like to open a DC comics-themed restaurant, do I need to buy a license from them, even though most of the characters are not listed for Hotels and Restaurants?

Adam Ira Skolnik
Adam Ira Skolnik answered on Jul 17, 2021

Yes, as well as corporate and possibly tax. The characters, likeness and their use are currently owned by DC Entertainment which is a subsidiary of Warner Brothers etc..

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Q: If there was a youtuber whom read poetry from other poets and got paid for it, could he/she be sued?

They aren't passing off the content (poems) as their own. They are just reading it in a ASMR fashion to make money.

Linda Liang
Linda Liang answered on May 4, 2021

What is copyright infringement? As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. Since you use the poem in a way that you are making... Read more »

2 Answers | Asked in Intellectual Property and Landlord - Tenant for Florida on
Q: My tenant has a claim against me for tripping and falling. Can I still sell my property with an ongoing claim?

Tenant is alleging to have slip and fell on my property. He got a injury law firm to file a claim against my insurance company. Can I still sell the property with an ongoing claim?

Linda Liang
Linda Liang answered on May 3, 2021

A claim is just that. A claim. The claim is against yourself, not the property. You should be able to sell it still.

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: If I know the patent number, how do I find out who licensed a patent, for how much, and when?
Peter D. Mlynek
Peter D. Mlynek answered on Apr 25, 2021

Sorry, but you can't. Licensing terms, such as financials, are typically highly confidential.

The best that you can do is to find out whether the patent has been assigned to someone. Such assignments are typically recorded at the Patent Office.

1 Answer | Asked in Contracts, Real Estate Law, Intellectual Property and White Collar Crime for Florida on
Q: Can someone please help me? I am being framed.

Both my brand new Inspiron and my really old hand-me-down HP have been exchanged at the CPU part, the base. I know there is an FBI investigation, now they can't find anything so they're setting me up to fail because I found accidentally SEC stuff relative to assets (A Huge Number of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2021

IMO, you should have learned better before this happened. So learn it now: Seeking attention in the manner you have recently done sets off many alarms in many places you have never heard of.

The next thing you need to learn is that competent successful Florida lawyers will probably not...
Read more »

Q: Can I file for a patent to improve a product on the market?
Kevin E. Flynn
Kevin E. Flynn answered on Feb 6, 2021

Yes you can. However, depending on whether your improved product falls within the original patent you may need a license to the original patent to sell a product. If your improvement is a kit to upgrade the original product then you may be ok. Lots of details and nuances. Best bet is to talk... Read more »

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2 Answers | Asked in Intellectual Property for Florida on
Q: Do I need an additional consulting/IP agreement for work done by engineers on Upwork?

Hi,

I'm starting a tech startup and using freelancers on Upwork. In the event of an acquisition or sale, I know acquiring companies sometimes want to see agreements for contractors. I'm wondering if Upwork's terms are sufficient or if I need a supplemental... Read more »

Andrea Wheeler
Andrea Wheeler answered on Jan 23, 2021

I would want my own agreement with a contractor. You want to be sure you own the IP and that the contractor is not using someone else’s work. There are many considerations that need to be looked at with this type of arrangement. Just a brief look at that link, it looks like optional provisions... Read more »

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1 Answer | Asked in Intellectual Property and Probate for Florida on
Q: Need help with wrong will and probate not started for a gift deed and gift property how do I go about legalizing 2probat

2 time property has been up for probate having character issues with the children and they will not produce a will for my house or property and I’m in the will and my taxes are paid theirs is not I own half of their property and paid but they blocking me thru conflict

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 3, 2021

What you are trying to ask is very unclear, but if the property was transferred by deed (from the decedent who owned the property) before the decedent died, a will would probably not have any effect upon title to the property.

2 Answers | Asked in Trademark, Real Estate Law, Business Formation and Intellectual Property for Florida on
Q: I want to make an underwear line with a specific name, but the name I want to use is already trademarked. Can I use it?

It's trademarked for Real Estate agencies and Real Estate Brokerage. This is a different industry than I would be in so does it really matter?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 31, 2020

You should consult with an attorney to understand your risks

In general trademarks can coexists if they are in different categories that there is no chance people can get confused as of the origin of the product or service

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