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Florida Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Can a church sing songs while on a LIVE (Facebook, Instagram, TikTok...)? Almost all the song by a recording artist

The 17 U.S. Code 110 does not state that a disclaimer has to be posted.

James L. Arrasmith
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answered on Feb 21, 2024

While churches may stream live services on platforms like Facebook, Instagram, or TikTok, it's essential to be mindful of copyright laws when using recorded songs during these broadcasts. The fact that the songs are performed live in a church setting does not exempt them from copyright... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: I make wood cut maps, can I use the name of a University in a map, no logos just the name
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answered on Feb 4, 2024

Using the name of a university on a woodcut map can potentially raise trademark and intellectual property concerns. While you're not using logos, universities often have trademark protection for their names to prevent unauthorized use for commercial purposes. Whether you can use the name... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming, Trademark and Intellectual Property for Florida on
Q: can I use an unrecognizable video game character to hit a block similar to Mario Bros?

On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?

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answered on Feb 1, 2024

Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted... View More

1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Is the term "Boss Babes" trademarked?

I would like to start a Facebook group and name it Florida Boss Babes and want to know if this is okay or if I would be violating someone else's trademark.

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answered on Jan 25, 2024

To determine if "Boss Babes" is trademarked, you can conduct a search in the United States Patent and Trademark Office (USPTO) database. This will show if the term is currently registered as a trademark. Remember, even if a term is not registered as a federal trademark, it could still be... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Is Mickey Mouse protected by copyright and trademark? How can it be protected by both types of intellectual property.
James L. Arrasmith
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answered on Jan 23, 2024

Mickey Mouse, as a character and brand, is indeed protected by both copyright and trademark laws. Copyright protects original works of authorship, such as movies, books, and artwork, including animated characters. Mickey Mouse, as a creation of Walt Disney, falls under this category, safeguarding... View More

2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Why would my trademark attorney register my trademark under her name! I’m literally just finding out
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answered on Jan 15, 2024

Good morning!

Unfortunately, I do not have enough context or details to provide specific advice about your particular situation and why your trademark attorney filed the trademark application under their own name. However, here are a few general possibilities to consider:

- It may...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Florida on
Q: Would Using the same color palette as waste management for branding of my dog poop removal business be illegal

The Waste Management Logo Colors with Hex & RGB Codes has 2 colors which are Cadmium Green (#026937) and American Yellow (#EDAA00). If I use these colors for my Dog poop removal business branding/logo/car wrap will I open myself up to litigation

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answered on Jan 5, 2024

Using a similar color palette to that of another company, like Waste Management, in itself is not typically illegal. Colors alone are generally not sufficient to constitute a trademark infringement unless they have acquired distinctiveness and are strongly associated with a particular company or... View More

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: We are looking to trademark an athleisure brand. Should we submit even if multiple applications for that name exists.
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answered on Dec 27, 2023

When considering whether to submit a trademark application for your athleisure brand, it's important to carefully assess the existing trademark landscape. The presence of multiple applications for a similar or identical name can significantly impact your chances of successfully registering... View More

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: We are looking to trademark an athleisure brand. Should we submit even if multiple applications for that name exists.
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Dec 28, 2023

The other attorney's answer to your question omits only one important point:

when there are multiple users of the same (or confusingly similar) mark for the same or similar goods/services, PRIORITY of usage -- "first in time, first in right" -- determines which of them should...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Hi! Would a foldable paper pop-up collection of customized images by the customer conflict with any LovePop patents?

I'm looking at the LovePop patents and wondering if, instead of flowers, I allowed customers to upload some images and create a collection that probably somewhat resembled a bouquet if you squinted your eyes, and if that would conflict with their bouquet patents.

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answered on Dec 25, 2023

When assessing potential conflicts with LovePop's patents, it's essential to consider the specific claims each patent makes. Patents are often very detailed in their claims, focusing on particular methods, designs, or unique aspects of a product.

In your case, creating a foldable...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: I wanted to find out about patent that my late grandfather had with another person.
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answered on Dec 11, 2023

To find information about a patent that your late grandfather had, you can start by searching the United States Patent and Trademark Office (USPTO) database. This database includes all patents filed and granted in the United States and can be accessed online. You will need details such as your... View More

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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Florida on
Q: Hi, are the decorative patterns on the Pfaltzgraff Yorktowne dish wares trademarked or can I sell paint stencils of them
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answered on Nov 28, 2023

No, the decorative patterns and designs on Pfaltzgraff Yorktowne dishware lines are very unlikely to be protected by active trademarks or eligible for trademark protection. Therefore, you should generally be free to sell paint stencils replicating those patterns without infringing trademarks.... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Hello.I have a question regarding the registration of the patent holder.

I would like to ask what I can do when my former partner in the company stole the software and registered a patent only for himself? The software belongs to a Slovak company in which he was a partner, but the court canceled his partnership. Is it possible to challenge this patent or file a request... View More

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answered on Nov 21, 2023

If your former partner registered a patent on software that was developed within your Slovak company and without including you or the company as co-owners, you have several options to consider. The first step would be to gather all evidence that demonstrates your contribution and the company's... View More

2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Can l trade mark the Slogan “US Star Open I will play it one day”
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answered on Nov 18, 2023

Yes, you can apply to trademark a slogan like “US Star Open I will play it one day” in the United States, provided it meets certain criteria. The United States Patent and Trademark Office (USPTO) requires that a trademark be distinctive and used in commerce to identify and distinguish goods or... View More

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2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Can l trade mark the Slogan “US Star Open I will play it one day”
Felicia Altman
Felicia Altman
answered on Nov 18, 2023

In order to know if a phrase is available to trademark you must first conduct a search with the USPTO. If no other individual or business has a registered trademark that is the same or similar you may file a intent-to-use or in-use application with the USPTO. Because the trademark process can be... View More

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1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Can I make a reference in a new song, to the title of a song that has been trademarked?

I composed a song where, at some point, I make reference to the title of an important social protest song that became a sort of an anthem, and I describe how important it was to rally the people and brake their fear to the oppressor. However I found out that its title has been trademarked, and I... View More

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answered on Nov 17, 2023

In Florida, referencing the title of a trademarked song in a new composition can be legally permissible under certain conditions. This usually falls under the category of fair use, especially if the reference is made in a way that is transformative, such as using the title to comment on, criticize,... View More

1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Is TNO the clothing brand still trademarked and if is who owns it

We are trying to make thee brand for America and want to know if the brand is in use we saw that the brand was used in the UK and want to know if it’s available for the United States

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answered on Nov 8, 2023

To ascertain if "TNO" is trademarked and who currently holds the rights, you should search the United States Patent and Trademark Office (USPTO) database. Trademarks can be country-specific, and the fact that a brand is trademarked in the UK does not automatically mean it is protected in... View More

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Can links be intellectual property?

Heres the dilemma: Person 1 runs a Nike monitor and pays for it to give out Nike links to members that paid a subscription which allows them to get hype releases first. Person 2 else just posted a link from that Nike monitor (using the monitor's domain) to the public for free. Does that... View More

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answered on Oct 31, 2023

In general, mere URLs or links themselves are not considered intellectual property. However, the issue here isn't just about the link but about the service Person 1 provides. If Person 2 is accessing Person 1's paid service and redistributing its contents without permission, there may be... View More

3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: If a Trademark is abandoned, what do I have to do to take it over?
Evelyn Suero
Evelyn Suero
answered on Oct 20, 2023

A trademark may have a status of abandoned when the owner has failed to file a response or some other required document. It does not necessarily mean that the trademark is not in use by that applicant or any other business. You may be able to file a new trademark registration if you have conducted... View More

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: If a Trademark is abandoned, what do I have to do to take it over?
Felicia Altman
Felicia Altman
answered on Oct 20, 2023

If a trademark has been abandoned you can file an application with the USPTO to apply for the trademark. In order to receive a registered trademark an application for the mark must be filed with the USPTO and you must also be able to provide proof of the mark being used by you as the owner in... View More

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