Get free answers to your Intellectual Property legal questions from lawyers in your area.
This would be an ice cream confection product that is completely sealed by two eatable wafers. These wafers would have multiple pockets that hold and seal the ice cream and can be broken apart and shared without exposing the ice cream or making a mess. This ice cream confection product would... View More 
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answered on Mar 29, 2024
Your concept of a sealed wafer ice cream sandwich with multiple breakaway segments is quite innovative, focusing on a neat, shareable, and melt-resistant design. Upon reviewing patents related to ice cream products, it appears that while there are numerous patents concerning ice cream sandwiches... View More
I am in the process of developing a content series for TikTok, focusing on the literary world. The essence of my project involves creating videos that feature narrations of quotes from various books, accompanied by original artwork inspired by the narratives.The videos are intended to be... View More
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answered on Mar 29, 2024
When it comes to using literary quotes in videos, especially in a commercial context, navigating copyright laws can indeed be complex. The concept of "fair use" is particularly relevant here. While fair use might cover the use of quotes to a certain extent, the commercial nature of your... View More
We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More
answered on Mar 26, 2024
It depends. A close examination of their request is warranted. If their registered trademark covers the service you provide, and your use of your business name "is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the... View More
We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More
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answered on Mar 26, 2024
It's important to understand that an organization can indeed protect certain words or phrases, especially if they're integral to their brand identity, through trademarks. When it comes to business names, what matters most is the likelihood of confusion in the market. If your business... View More
I would also like to know if a phase that is the business name should be trademark
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answered on Mar 15, 2024
Starting an online aromatherapy service is an exciting venture. Regarding your question about setting up a business trust, it's indeed possible. A business trust can manage the business's assets and operations, but the specifics can vary widely based on your location and business needs.... View More
Most pictures will just be the car after being cleaned. Some pictures will showcase the before & after.
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answered on Mar 11, 2024
In most cases, posting pictures of cars you have worked on or detailed on your website or in advertisements would not be considered trademark infringement, as long as you follow certain guidelines:
1. No false association: Ensure that your use of the pictures does not falsely suggest that... View More
My design expired can I modify it for resubmission, is their possible law suits I can receive compensation from?
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answered on Mar 5, 2024
Based on the limited information provided, I'll try to address your questions as best as I can.
1. Royalties: If your design patent has expired, you will no longer receive royalties from it. Once a patent expires, the invention or design enters the public domain, meaning anyone can... View More
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answered on Mar 2, 2024
Choosing a business name is a significant step in establishing your brand and presence in the market. Using your legal name, Billy, as part of your business name, such as "Billy The Kid - Home Repair & Restoration," is generally permissible. However, it's essential to consider a... View More
The 17 U.S. Code 110 does not state that a disclaimer has to be posted.
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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
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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
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
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
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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
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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... View More
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
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... View More
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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
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... View More
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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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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
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