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Florida Intellectual Property Questions & Answers
1 Answer | Asked in Contracts, Copyright, Communications Law and Intellectual Property for Florida on
Q: Did I break the terms of my iOS iphone EULA? Did I break copyright law?

In the recent past I have taken a picture (using my iphone camera) and also a video of a professional photo that I had made at a photo studio. I either uploaded this to my facebook messenger story or sent it via iMessage/text or facebook messenger to friends that I wanted to see it. I have also... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 21, 2017

Did your phone company tell you that you had violated their EULA? If not, I don't think you have to worry about it.

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: My website www.Clipedia.co offers a paid index that gathers youtube videoclips. is there any copyright violation?
Griffin Klema
Griffin Klema
answered on Jul 5, 2017

Maybe. This is a very interesting situation where you are essentially aggregating or curating particular content from another site, and earning money by doing so. The exact way you are conducting your business will likely inform the full answer to your question, and without further details on... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Can a non trademarked character be remixed and sold for profit?

I have found somebody who has changed a character that is not specifically trademarked to either be skinnier or shorter and is selling both versions online for profit. The character is fundamentally identical in all three versions, so would someone using the character for profit be a blatant... View More

Walker Weitzel
Walker Weitzel
answered on Jun 23, 2017

This would be a copyright issue. The case is also fact-specific, meaning that without more information, it will be tough to speculate about whether infringement is likely. If you would like to assert a copyright, you will need to register it. Copyright registration is straightforward, and can... View More

1 Answer | Asked in Copyright, Business Law and Intellectual Property for Florida on
Q: If you pay someone a lot of money for writing, and one of the docs is completely plagiarized, what are your options?

I paid someone $500 up front with another $750 due, for training materials. One of the documents was completely plagiarized from something else on the web (a paid course). How do I go about this? I paid via paypal... Will paypal give me my money back.

Griffin Klema
Griffin Klema
answered on Jun 12, 2017

Well, there are likely several options.

First, try to work things out with the other side, and advise them that you believe the work product they provided appears plagiarized and you are concerned about your liability in using/selling the materials. See if they are willing to re-write the...
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1 Answer | Asked in Intellectual Property for Florida on
Q: How do I file a claim of trademark infringement?
Griffin Klema
Griffin Klema
answered on Jun 11, 2017

You will need to file a lawsuit against the accused infringer. Depending on your trademark rights, you may have common law claims (state-level), and/or a federal claims (Lanham Act), and thus those rights will determine where you can file a lawsuit.

Litigation is not something I recommend...
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1 Answer | Asked in Intellectual Property for Florida on
Q: If a trademark is abandoned is it okay for me to use it?
Griffin Klema
Griffin Klema
answered on May 18, 2017

Maybe. A primary element of trademark law is use, and a registration helps put people on notice of use, but does not guarantee that someone isn't using the mark. It’s possible that the trademark owner didn’t renew the mark, but is still using it, and thus would still have trademark rights... View More

1 Answer | Asked in Contracts, Copyright and Intellectual Property for Florida on
Q: Is there a way to protect my App project before I assign a firm to design and create the app?
Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 27, 2017

The short answer is yes. However, you will need to seek the advise of a trademark and patent attorney to get advise on this question. Your situation is highly detailed and highly specialized. There is likely a contributor attorney on this site that might know the answer to your question, but I... View More

1 Answer | Asked in Copyright, Family Law, Intellectual Property and Internet Law for Florida on
Q: Can I publish my late father's poem in his name if I do not get paid for the publication?

My father passed in 1995; his poem is Christian and I want to submit it to a Christian website. I would not be paid for this. Is publishing his poem legal or are there copyright issues I need to sort out first?

Will Blackton
Will Blackton
answered on Apr 24, 2017

Your late father's copyright will endure for 70 years after his death, assuming he did not create the work for some other entity.

Did your late father hold any interest in his work at the time of his death? That is, did he sell the rights in his work before his death?

If he...
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1 Answer | Asked in Intellectual Property for Florida on
Q: Signed a royalty agreement​ in 2008 for use of my quote. What to do now that others are utilizing it without consent?

In 2008 I singed a contract for it's use on books, magnets, tote bags, greeting cards and other decorative items. I had international distribution and now I'm finding that it's being used without consent. I have not saught to trademark as I'm under the impression that my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 22, 2017

Talk to a copyright (or "intellectual property") attorney.

Q: Is it possible to get a patent on an anti-gravity propulsion device without the United States government taking it away?

I was told by a patent lawyer that the US government would not permit such a patent to be in public view. This of course is discouraging. Is it true?

The inventor of this propulsion device would like to license various corporations and in various countries around the world with this... View More

J.D. Houvener
J.D. Houvener
answered on Apr 3, 2017

Yes it is possible! The government (I believe it is the DoD) would screen the application (as they do all applications) for any technology that could threaten security/safety of the public. Given your brief description, it doesn't seem to fall into that category. That said, even if there were... View More

2 Answers | Asked in Divorce and Intellectual Property for Florida on
Q: My husbandand I were gifted a condo. We paid 2 yrs on it. Iam in fla he is Elpaso tx. How do we sell it not in samestate
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 9, 2017

Huh? You don't have to be physically present to sell it. Your husband, for example, can execute a deed to Florida property while in Texas.

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Looking to lisence my idea through a patentented idea.broadening the outlook.multi million dollar idea.

How specific does a patent need to be?

Will Blackton
Will Blackton
answered on Feb 3, 2017

Drafting a patent is a highly technical task and should be done by an experienced patent attorney. Contact your state bar association, using their lawyer referral program, to find the contact information of an experienced patent attorney.

1 Answer | Asked in Business Formation, Business Law, Copyright and Intellectual Property for Florida on
Q: Business naming issue, is this naming scenario infringement of naming rights?

I'm starting a business and the best name I've tested bares some level of similarity to another established brand.

Here is a comparable hypothetical scenario, would this be legally acceptable on a scale of 1 to 10 with 10 being totally acceptable:

Established company A)... View More

Will Blackton
Will Blackton
answered on Feb 3, 2017

I don't think it would be ethically permissible for an attorney to answer that specific question for you without establishing an attorney-client relationship. Find a local attorney who does business transactional and trademark work. This statement is obviously self-serving, but also... View More

1 Answer | Asked in Intellectual Property for Florida on
Q: How do you decide whether to patent something or maintain it as a trade secret?
Peter D. Mlynek
Peter D. Mlynek
answered on Nov 21, 2016

Many articles have been written on how to decide this very common question.

To begin, do you know if you can even patent the thing that you are trying to protect? If it is not patentable, keeping something as a trade secret is a way to go.

If it is patentable, how easy is it to...
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1 Answer | Asked in Business Law and Intellectual Property for Florida on
Q: Can I sell merchandise w/images from a book that states they are copyright-free? Illustrations from 19th century artists

Can I sell merchandise w/images from a book that states they are copyright-free? Illustrations from 19th century artists.

It sounds like "no" but I thought maybe the book's age would allow it. Published in 1979.

Below stated in inside cover.

This book belongs... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 20, 2016

If they are reproductions of works by 19th Century artists, and if the images were first published before 1923, the images would be in the public domain. It is not clear from your post whether or not this applies.

1 Answer | Asked in Intellectual Property for Florida on
Q: Can I use newspaper print for my art and then make prints of that completed work to sell?
Cynthia Ariel Conlin
Cynthia Ariel Conlin
answered on Aug 26, 2016

As always, it depends. If you use a newspaper print that is original, recognizable content, you may be infringing on someone else's copyrighted work. If you're using small text for the background and it is not recognizable or original, then no. The question is whether the content you are... View More

1 Answer | Asked in Entertainment / Sports and Intellectual Property for Florida on
Q: what does abandonment mean, and can I trademark something thats been abandoned?
Changi Wu
Changi Wu
answered on Jan 19, 2016

Abandonment of a trademark in the USPTO's registration status does not mean that the original owner has stopped using the trademark. It can be lack of paying the maintenance fee. You may use it only when the original owner has discontinued with intent not to resume the use of the mark. Nonuse... View More

1 Answer | Asked in Intellectual Property for Florida on
Q: if i submit an idea to a company can they steal my idea and leave me out of the mix?

Ex. if i have an idea for google and submit it to them via their submission process, can they then use the idea I submitted without including me in the spoils per say?

Changi Wu
Changi Wu
answered on Jan 19, 2016

Submission of your idea without a nondisclosure agreement is almost like a free gift to the receiving company. Like Google's disclaimer in its idea submission form that "by submitting a proposal, idea or feature request on this page, you give Google the right to use it freely without... View More

1 Answer | Asked in Intellectual Property for Florida on
Q: What is the process to buy an abandon trademark? What is the Fee? How long is the trademark good for?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 30, 2015

You can find all of this out, not by asking for an attorney to answer, but by most likely doing internet searches.

1 Answer | Asked in Intellectual Property for Florida on
Q: How much to file a trademark for a liquor brand?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 12, 2015

Trademark attorneys rarely, if ever, answer questions on this forum. Go see one.

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