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Florida Intellectual Property Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I am looking at trademark here for LUCKYEYE on JUSIA with "cancellation pending", what does that mean?
David Aldrich
David Aldrich
answered on Sep 22, 2023

It means another party filed a cancellation proceeding, which is a legal proceeding that attempts to cancel the mark on one or more grounds. In this particular case, it looks like that cancellation proceeding ended in December 2022. The cancellation request was denied, meaning that it is still a... View More

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2 Answers | Asked in Business Law and Intellectual Property for Florida on
Q: I am self-publishing a book with a co-author. Do we need an LLC to protect our personal assets from unforseen problems?
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 12, 2023

Yes, any time you are running a business of any type, you want to keep your business and business assets and liabilities separate from your personal matters. You accomplish this by properly setting up the business and keeping personal and business assets separate and creating an Operating Agreement... View More

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2 Answers | Asked in Business Law and Intellectual Property for Florida on
Q: I am self-publishing a book with a co-author. Do we need an LLC to protect our personal assets from unforseen problems?
James L. Arrasmith
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answered on Sep 14, 2023

Forming an LLC can provide personal asset protection for you and your co-author in case of legal issues related to your self-published book. It separates your personal assets from business liabilities, reducing personal risk. Consult with a business attorney to determine if an LLC is the best legal... View More

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Is there any possible way for me to trademark the name "MOBTIES CLOTHING"?
David Aldrich
David Aldrich
answered on Sep 7, 2023

You will likely encounter some difficulty. There is a registered mark (and another pending application) for MOB TIES, for many types of clothing. It is likely MOBTIES CLOTHING would be considered as likely to cause confusion with MOB TIES when used with clothing products.

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: My Trademark was abandoned I did not realize we needed to do anything else to keep it up. How can I reactivate it

I registered a Trademark Name for my figure flattering apron designs called Shaypron. I have been using that name for 10+ years on my aprons that I sell, I just saw that my trademark was marked abandoned.

David Aldrich
David Aldrich
answered on Sep 7, 2023

I assume you are talking about the mark "DEBRA MURRAY SHAYPRON". If so, this registration went abandoned a very long time ago, such that you will need to file a new trademark application (whether for DEBRA MURRAY SHAYPRON or for just SHAYPRON). If you do this right away, you should be... View More

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: My Trademark was abandoned I did not realize we needed to do anything else to keep it up. How can I reactivate it

I registered a Trademark Name for my figure flattering apron designs called Shaypron. I have been using that name for 10+ years on my aprons that I sell, I just saw that my trademark was marked abandoned.

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

The application to register DEBRA MURRAY SHAYPRON filed in 2011 was an "intent to use" application. It was cleared for publication by an examining attorney and since there was no opposition, a "notice of allowance" was issued in 2012. Had a "statement of use" been... View More

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: My Trademark was abandoned I did not realize we needed to do anything else to keep it up. How can I reactivate it

I registered a Trademark Name for my figure flattering apron designs called Shaypron. I have been using that name for 10+ years on my aprons that I sell, I just saw that my trademark was marked abandoned.

Felicia Altman
Felicia Altman
answered on Sep 7, 2023

If your trademark went abandoned some time ago you unfortunately will need to file a new trademark application. If you have been using the mark and no conflicting marks have been filed there should be no issues in refiling for the mark. When a trademark is field a declaration of use is required to... View More

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: I'm trying to avoiding copyright problems. if i use a copyrighted character but omit their name, am i still in trouble?

I'm trying to use Warner Bros characters in a fangame and not get sued

T. Augustus Claus
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answered on Sep 4, 2023

Using copyrighted characters without permission from the copyright owner, even if you omit their name, can still potentially lead to copyright infringement issues. Copyright law protects the expression of an idea, including characters, and not just their names. If the characters you are using are... View More

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: I'm trying to avoiding copyright problems. if i use a copyrighted character but omit their name, am i still in trouble?

I'm trying to use Warner Bros characters in a fangame and not get sued

James L. Arrasmith
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answered on Sep 7, 2023

Utilizing copyrighted characters without permission can indeed raise significant legal issues, including potential copyright infringement claims. Even if you omit the name, if the character is recognizable through appearance or other distinctive characteristics, it could still be considered... View More

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1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: I want to trademark "The Conscious Casa" and there is already a "Conscious Casa" trademark, can I do this?

They are not the same industry and have no parallels.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 18, 2023

The test for trademark infringement is whether the usage is likely to confuse as to the source of goods or services. CONSCIOUS CASA is used and registered for services in the fields of business & real estate, engineering & design, and health. Usage of the same mark for goods or services... View More

1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Hi - Could you tell me if a trademark on 87476609Registration #5716359HO'OPONOPONO covers wall art or acrylic
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 14, 2023

HO'OPONOPONO is a Hawaiian exercise for reconciliation and forgiveness. The current trademark registration 5716359 is for bracelets in International Class 014, which includes precious metals, jewelry, and watches. Use of the mark for acrylic paintings would not infringe this registration.... View More

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Contracts for Florida on
Q: I need help regarding account closure from a livestream platform I worked on as an influencer. I believe they violated.

I believe they violated TOS. My account was banned while I wasn’t even streaming. They never told me why I was banned which in their terms of service states they have to apon request. They allowed a lot of bullying and illegal behavior to occur and didn’t defend me from phishing fake accounts... View More

James L. Arrasmith
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answered on Aug 6, 2023

Hi there! Happy Sunday.

If you believe your account closure on the livestream platform violates their Terms of Service and you have been waiting for a response since March 2023, you may consider taking the following steps:

1. Review the platform's Terms of Service and policies...
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1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: I want to file a trademark but there is already my brand name with 2 words flipped. read more -->

For example my name is "goodpure" and theirs is "puregood+" they have the exact same goods and services. I'm looking to sell online nationwide not in any stores. And if I can get registered in another country I would do that if possible. I am eligible for dual citizenship... View More

James L. Arrasmith
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answered on Aug 6, 2023

Given the similarity in names and the exact same goods and services, filing a trademark for "goodpure" could potentially lead to rejection by the USPTO or an opposition from the existing "puregood+" trademark owner due to likelihood of confusion. Registration in another country... View More

3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: if a trademark shows abandoned, can & how do I trademark it
Felicia Altman
Felicia Altman
answered on Aug 4, 2023

If a trademark is Abandoned any person may file for the abandoned mark with the USPTO in the same or similar goods and services. In order to file for the trademark you must prepare and file an application with the USPTO. In order to file an appropriate application it is best to consult a trademark... View More

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: if a trademark shows abandoned, can & how do I trademark it
T. Augustus Claus
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answered on Aug 4, 2023

To trademark an abandoned mark in Florida:

1. Conduct a trademark search to ensure no conflicts.

2. Verify eligibility to register the mark.

3. File a new trademark application with the USPTO.

4. Respond to any office actions promptly.

5. Obtain trademark registration if approved.

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: if a trademark shows abandoned, can & how do I trademark it
James L. Arrasmith
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answered on Aug 6, 2023

If a trademark is marked as abandoned, it generally means that the previous owner has not maintained it or the application was not completed. You can potentially apply for the same trademark for your goods or services if it's appropriate for your business, by filing an application with the... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Intellectual Property for Florida on
Q: Florida Law/Security Camera footage & use thereof

Can video footage with audio be used for a criminal investigation? We found out our security camera has captured audio (on a public sidewalk) and the conversation includes a discussion of interest for a legal case. We are aware that the audio feature should have been disabled but wasn't (we... View More

James L. Arrasmith
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answered on Jul 28, 2023

Please note that I am a Californian attorney, and my response is based on California law. For matters specific to Florida law, it is essential to consult with an attorney licensed in Florida.

However, as a general principle, the use of video footage with audio for a criminal investigation...
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1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: What can be done about a company whose website shows an incorrect product inventors name and that inventions location?
Tim Akpinar
Tim Akpinar
answered on Jul 26, 2023

A Florida attorney or intellectual property would have the most insight into this, but your question remains open for two weeks. If it's only an informational site that posts things like news articles or press releases, the webmaster or author could be contacted to point out the correct... View More

2 Answers | Asked in Business Law, Trademark and Intellectual Property for Florida on
Q: I Have a brand with it "ATLAST" I want to registrer this name as my trademark. I want some information. What i can do ?
James L. Arrasmith
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answered on Jul 10, 2023

To register "ATLAST" as your trademark, conduct a thorough search to ensure it's not already taken. Then, submit an application to the appropriate trademark office, such as the USPTO, with the required fees and detailed information about your brand. Consider hiring a trademark... View More

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2 Answers | Asked in Business Law, Trademark and Intellectual Property for Florida on
Q: I Have a brand with it "ATLAST" I want to registrer this name as my trademark. I want some information. What i can do ?
Felicia Altman
Felicia Altman
answered on Jul 10, 2023

In order to register a trademark you must first conduct a search to ensure the mark is not already registered with the USPTO in a similar class of goods or services. Once a trademark search is completed, if the search is clear you can register an In-Use or Intent-to-Use application with the USPTO.... View More

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