Lawyers, Answer Questions  & Get Points Log In
Florida Intellectual Property Questions & Answers
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 »

View More Answers

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 »

View More Answers

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

View More Answers

4 Answers | Asked in Employment Law and Intellectual Property for Florida on
Q: Will the employer own my unfinished product?

I am looking at accepting employment for software development at a company that has a intellectual property clause. stating "Any invention, discovery, development, concept, idea, process or work related to our Company’s business no matter what form it takes, whether or not it can be patented... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 14, 2020

Typically if you get paid to do work for somebody else they own the product and all intellectual property attached to it.

If you started the project under them and you were getting paid, most likely they are the owners.

Talk to them and consult with an attorney to understand your...
Read more »

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Are FDA medication guides and manufacturer pamphlets copyrighted?

Rx and OTC drugs come with monographs, medication guides and manufacturer pamphlets and I would like to know if one can reference their data without worrying about copyright laws. For example, ican someone make a database that customers pay a fee to join that summarizes the critical data from... Read more »

Allison Higgins
Allison Higgins answered on Nov 19, 2020

Yes, the guides and pamphlets are protected by copyright laws. However, you may still be able to create the database you are talking about without running into copyright issues. It would depend on how much of the information you used, whether you cite your sources correctly, and whether you use any... Read more »

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for Florida on
Q: I need a property attorney to help me take ownership of my dads land and stop the violations?

My father passed away this year. He owns a home. My name is not on the deed and I still live there. Recently I received many violations by the state of Jacksonville Florida. I feel harassed.

Phillip William Gunthert
Phillip William Gunthert answered on Nov 5, 2020

I am sorry for your loss and the passing of your father, please accept my condolences and sympathy for your loss and this difficult time, You will need to speak with a Florida Probate Attorney, you will also want to get a copy of the deed to have it reviewed. It is likely that some version of... Read more »

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Florida on
Q: I have a disclaimer. Can I stop some else from using the words on their website, logo/trademark outside the USA?

My trademark has all generic words I have a disclaimer for all the generic words on my trademark. however I have noticed a website using my trademark words on their website and company name as well as their domain have a couple words from my trademark. Can I stop them from using those generic words... Read more »

Tania Maria Williams
Tania Maria Williams answered on Oct 26, 2020

It depends on how the words are being used. Usually the disclaimer means that you do not have rights to that word outside of its use as part of your mark. Therefore, their use of the words depends on the similarity in the marks as a whole. With regard to stopping them, you may be able to send a... Read more »

2 Answers | Asked in Intellectual Property, International Law and Trademark for Florida on
Q: Is an international registered trademark in the USA enough to stop a trademark infringement outside the USA?

The trademark is filled in the USA as an international trademark. I want to know if that is enough to stop someone using words from my trademark on their website outside the USA.

My trademark is made up with 3 words and a symbol, I have a disclaimer for the 3 words. However I have noticed... Read more »

David Luther Woodward
David Luther Woodward answered on Oct 26, 2020

You need to visit with a lawyer who specializes in intellectual property. I don't know where you are in the state, but if you call The Florida Bar in Tallahassee they can point you in the correct direction.

Good Luck

d

View More Answers

2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Trademark certificate has Disclaimer what does it mean?

Trademark certificate states:

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE THE FOLLOWING APART FROM THE MARK AS SHOWN: “beautifying skin solutions”

What does this mean?

Evelyn Suero
Evelyn Suero answered on Oct 26, 2020

A trademark disclaimer indicates that a registrant does not claim an exclusive right to specific elements of the mark. For instance, while the mark is registrable as a whole, it may contain descriptive elements that would not be registrable by itself; and the registrant cannot prevent other... Read more »

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: How can I buy a trademark that is listed as unused since 2008?

I was researching for a brand name and this one appeared as unused in the Justia Trademarks display page. Just the steps to acquire the brand name before using it Online.

Evelyn Suero
Evelyn Suero answered on Jul 28, 2020

While some people do purchase rights to use a trademark from trademark owners, if the mark is not being used by anyone, then the right to exclusively use a trademark is acquired through use for goods and services. Before filing for registration of a trademark, it is important to determine whether... Read more »

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Copyright/ Trademark I am crafter who creates customs designs and create handmade items..

The order Hello and good evening. I’m wondering how much you would charge me to have a T-shirt made? Two shirts specifically. I World like a saying and four drawing on the shirt.

To get to the point, she asked me to create and i worked tirelessly to do so, finished my design and sent her... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 17, 2020

She seems to be under the assumption that because she commissioned the design that it belongs to her. Unfortunately, many people make that incorrect assumption. The Copyright Act is clear that you need a writing for a work to be considered a work made for hire and only particular works fit within... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: Good day, I have a copyright issue and I need some advise.

Good day,

I have an ecomerce platform and recently got an email about the use of a copyrighted image from a company called pixsy. I was unaware that the image was copyrighted and immediately removed it but after re-reading their message removal is not enough. They require payment to the... Read more »

Kathryn Perales
Kathryn Perales answered on Jun 22, 2020

There's a good chance that they are right - you should not ignore this. If they end up filing a lawsuit against you, REALLY don't ignore it. You may wish to talk to your own lawyer now to get a better idea of how strong their case is, or you could just try to negotiate them down to a... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Civil Rights, Intellectual Property and Landlord - Tenant for Florida on
Q: Ex friend threatening to sue for harassment, emotional distress and asked court to return belongings

An old friend of mine was staying at my apartment for about half a month. She never paid rent nor got mail at my establishment. She left belongings here after willingly leaving my home. I have not heard from her in two months. She comes to my door two months later banging and screaming threatening... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

If you have any property that you know belongs to some other person the wise thing for you to do is to return the property to the owner. If you don't the owner can sue you under Florida's bailment statutes. They could also file a complaint with the local police department alleging that... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Is using thumbnails copyright infringement?

I own a cosmetics review and ranking website and I need photos for my reviews.Can I use under fair use low quality thumbnails of products photos from other websites (sephora, brandcoms etc)?

James D. Williams
James D. Williams answered on Jun 4, 2020

There are 4 factors for fair use that are all reviewed, so it would require a review of all factors before fair use would be a claim.

If you are using the photos to review and rank products, then there is a decent chance that you are using the images for "commentary" or...
Read more »

1 Answer | Asked in Employment Law, Intellectual Property and Juvenile Law for Florida on
Q: My son worked for Taco Bell back in February or March of this year. He was hired, submitted all his sensitive

SS Number, dob, birth certificate etc. And i have been trying to get my sons check after working there 3 days, and me making him resign after the THIRD school night and his manager making him stay to almost midnight, on a school night! I have been trying to go through the store but nobody could... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 1, 2020

If--as you say--your son has already given all his personal information to the owner of the Taco Bell franchise then there should be no reason for concern about re-submitting the same information in order to get the money owed.

But to answer your questions: No, the owner of the Taco Bell...
Read more »

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Public Benefits for Florida on
Q: Does our local Chamber of Commerce own our communities local "Pageant"?

We have a pageant that has been in our community for over 30 years! Its never been filed as an official entity or organization. It has always been ran by different volunteers within the community. I know for several years our local Chamber sponsored the pageant. Then there was a issue with... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 1, 2020

You definitely need to consult with an attorney.

Anybody can own a pageant and call it anyway they want.

The question is whether it is exclusive, and if what you do, your work, is owned by somebody else.

Check if they ever signed or got a contract from somebody.

Even...
Read more »

1 Answer | Asked in Intellectual Property for Florida on
Q: I live in a condominium for 28 years, my question is a roofer company work on the property according to them the HOA

did not pay them so they putting a lien on our property is this legal?

Tania Maria Williams
Tania Maria Williams answered on Mar 24, 2020

This isn't an intellectual property question, but yes this is legal. Chapter 713 allows someone to put a mechanics lien on property for unpaid fees provided they comply with the requirements of the statute.

1 Answer | Asked in Intellectual Property and Family Law for Florida on
Q: My ex wife entered my property without my permission and refused to leave. What should I do? I have a video of her.

My ex wife entered my property without my permission and refused to leave. What should I do? I have a video of her

I have asked her over TalkingParents to not enter the property but last time she entered and I asked her to leave but she refused until I called the police and left before... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 29, 2020

How about changing the locks? Or perhaps moving to a new place where they have guarded entry gates?

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