Get free answers to your Intellectual Property legal questions from lawyers in your area.
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
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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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
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
answered on Dec 3, 2024
Yes, each property owner is equally liable for taxes in proportion to their ownership interest. If you are 50% owner, you owe 50% of the taxes. If you and the co-owner cannot agree on how to manage the property, you can force a sale of the property through a partition lawsuit. Schedule a free... View More
I live in Florida. I was behind on my car payments but made it current the month that my finance company did a charge off on the car. I even spoke with them on the phone and nothing was mentioned to me about the charge off happening. I was only told that I should refinance to trade the car in. They... View More
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answered on Sep 13, 2024
Even though your vehicle was charged off, you may still be legally responsible for the remaining balance on the loan. A charge-off means the lender has decided the debt is unlikely to be collected and has written it off their books, but this doesn’t cancel your obligation to pay. The debt can be... View More
I would think the police interviews, body cams, etc are copyright the police and state. Thanks.
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answered on Sep 12, 2024
When you obtain police interviews, body cam footage, or other similar materials through a FOIA request, it's essential to understand that these materials are generally considered public records. However, they may still be subject to certain copyright protections, usually held by the government... View More
Hi, I found a generic hair beauty product that is sold as a generic product that I would like to private label. It is not sold on Alibaba. It is sold by a couple manufacturers in South America. Do I need a white label agreement to get approval to rebrand their generic product under my company name.... View More
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answered on Aug 17, 2024
To rebrand a generic product and sell it under your company name, you don't necessarily need approval from the manufacturer unless there are specific legal agreements or trademark protections in place. However, it’s good practice to have clear communication with the manufacturer to avoid... View More
I have this concept that I’ve drawn that has multiple characters but the name for the concept for all of them is the same, but actual names of individual characters is different.
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answered on Aug 6, 2024
To begin copyrighting your creation, you need to ensure that your work is original and fixed in a tangible form, like drawings or written descriptions of your characters. Once you have this, you can proceed with the registration process through the U.S. Copyright Office.
Start by visiting... View More
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
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
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
I had to let it go because of no funds to prolong the registration.
answered on Sep 25, 2023
You should speak with a Florida Attorney if this is in the State of Florida, if you are a do it yourself type person, you can go to Sunbiz.org, Florida Department of State website and see what needs to be done. Depending on how long it has been inactive, you may or may not be able to get it. No... View More
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
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
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.
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.
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
I'm trying to use Warner Bros characters in a fangame and not get sued
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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
They are not the same industry and have no parallels.
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
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
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