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Florida Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property for Florida on
Q: Can I reserve a name to be trademarked before I even start my new company?
Ayesha Chidolue
Ayesha Chidolue
answered on Jan 5, 2018

You can file for application for intent to use. However you will need to start using the mark within 6 months or pay to file an extension if you haven’t started using the mark by then.

1 Answer | Asked in Real Estate Law and Intellectual Property for Florida on
Q: I am co-owner on a deed and mortgage woth a man who passed away on Dec 3. Can I seize the property and evict the wife?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 15, 2017

No, the widow may very well have a life estate in her late husband's one half undivided interest in the property. This interest is protected by the homestead provisions of Florida's constitution and statutes.

1 Answer | Asked in Real Estate Law and Intellectual Property for Florida on
Q: I am co-owner on a deed and mortgage woth a man who passed away on Dec 3. Can I seize the property and evict the wife?
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Dec 25, 2017

Impossible to say as the wife may (and likely does) have ownership rights via her deceased husband's 1/2 interest; she may step into his shoes as co-owner with you. You would need a probate court to determine this and cannot seize the property or evict yet.

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: I bought a painting at a yard sale and it doesn’t have any signature,and I recently modified a picture of it.

Now, I’m wondering do I own the rights to the modified version because the physical painting is still normal.I would like to use the modified version on t shirts to sell.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 8, 2017

I think you do own the rights. It doesn't appear that the painting is protected by the copyright laws because the artist is not identified.

1 Answer | Asked in Family Law, Intellectual Property and Probate for Florida on
Q: My deceased dads ex girlfriend has all his stuff.

He could never get it when they broke up because she is crazy and pulled a gun on him. The police were called a few times. He recently died and when my sister and I packed his house realized all his stuff is missing. We know she has it but says she does not. His stuff is rightfully ours and there... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2017

Sure; if you file a probate case you can sue her for the stuff.

1 Answer | Asked in Health Care Law and Intellectual Property for Florida on
Q: How are cyber claims - as pertaining to HIPAA / PCI - filed and prosecuted in Florida?

I'm researching cyber claims, HIPAA, PCI - I'm trying to find out how cyber crimes are filed and prosecuted in Florida? Do these cases go thru the courts, are they filed in the courts and do they have a case type if so?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2017

A violation of the federal HIPAA regulations (health care providers divulging certain personal medical information) is not a crime, nor is it a violation of Florida law. The health care provider can perhaps be subject to sanctions by a specific federal agency, but it is not a court case.

Q: Can a patent owner request that i send them all of my products they consider to be a counterfeit?

i recently started selling pop up phone grips online, not thinking or researching if there was a patent. I got them cheap from a supplier on Alibaba and listed on Amazon. I have only been selling for a week now and popsocket, which is the brand name which owns the patent, has reported my listing as... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 15, 2017

I have seen a patent case that was awarded less than a dollar in damages as they wanted to make a point in a bigger set of battles.

As a practical matter, if you can show that you shipped them back to your supplier for a refund, then it is unlikely that they will chase you. We do not know...
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2 Answers | Asked in Intellectual Property for Florida on
Q: How many trademarks can a person have? Is there a maximum?
Ayesha Chidolue
Ayesha Chidolue
answered on Oct 27, 2017

There is no maximum amount of Trademark am individual or a company can own.

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Can I re active my trade mark if is was cancelled?
Ayesha Chidolue
Ayesha Chidolue
answered on Oct 24, 2017

A trademark Owner may file a request to reinstate a registration if the registration was cancelled or expired for failure to file a section 8 affidavit, trademark renewal or response if they can provide proof that the cancellation was due to USPTO error or that the registrant didn’t receive the... View More

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1 Answer | Asked in Intellectual Property and Internet Law for Florida on
Q: If I test my app on a company phone, does the company have a claim to the IP?

If I used my own personal computer to write the code for an app, but tested the app on a company phone, do they have any claim to it? Wouldn't that be the same as downloading an app from the app store in terms of not having a claim to IP?

Ayesha Chidolue
Ayesha Chidolue
answered on Oct 23, 2017

The answer will largely depend on if you built the app for your company or while working for your company for their benefit and also what if any, your employment agreement or handbook states about Intellectual Property while working for the company. I suggest you contact an attorney so your... View More

2 Answers | Asked in Business Law, Intellectual Property, Internet Law and Trademark for Florida on
Q: Is it legal to sell Michael Jackson tshirt, muhamad Ali tshirt, frida kahlo tshirt online, can I get in trouble for that

I own a small ecommerce website where I sell some items bearing the names of very famous people from the past, like Michael jackson, muhamad ali, marilyn monroe, etc, can I get in trouble for doing that? A corporation recently contacted me regarding using the name of Frida Khalo on my site, she is... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 13, 2017

Maybe yes. If you are duplicating her image, likeness or name (signature) you may be violating trademark/copyright laws.

You need to speak with a patent/trademark attorney on this topic as that is a specialized area of law

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1 Answer | Asked in Contracts and Intellectual Property for Florida on
Q: I'm concerned about fraud by a POA I signed when I was in the military. How do I find out if the POA has been abused?
Andy Wayne Williamson
Andy Wayne Williamson
answered on Sep 27, 2017

Start with checking your credit to see if it matches your transactions.

Good luck,

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Florida on
Q: Can a famous artist post your fan art after cropping out your logo and not giving you credit?

I made an album cover for a very famous rap artist, and I sent it to him. A few days later he posted it on his official Instagram for millions to see, but he cropped my logo off of the bottom. Now the image is being used in thousands of places on the internet without my permission, and the famous... View More

Benton R Patterson III
Benton R Patterson III
answered on Sep 25, 2017

It appears you likely do have a case for copyright infringement. If you created the album cover, you are the copyright owner. You have the right to determine whether your work is reproduced. One thing to consider is whether your message to him granted him permission to use the artwork. An... View More

1 Answer | Asked in Intellectual Property for Florida on
Q: I've been working with a publisher to publish my first novel for two years now. Just last month, a novel published by a

different house came out that was basically the same plot as mine but with different character and setting names. I'm worried this will affect sales of my own copyrighted work. Can I sue?

Griffin Klema
Griffin Klema
answered on Sep 21, 2017

Maybe. If you suspect that your manuscript was leaked, or some how obtained by the other author and that formed the basis for their own story, then yes, you may be able to sue under various legal theories.

On the other hand, independent creation is a defense to copyright infringement. It...
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1 Answer | Asked in Intellectual Property and Trademark for Florida on
Q: Using a generic word in a stylized form as a trademark

Company A is called "Cool Couture" and they make t shirts, hats, etc.. The print the word "Cool" (yes, the adjective cool) but in a stylized form on their t shirts. Company B is has t shirts with the word "Cool" printed on them. NOT in the stylized form that company... View More

Griffin Klema
Griffin Klema
answered on Sep 21, 2017

Trademark law is based principally upon consumer confusion. It is a source identifier. So if in your hypothetical COOL (the word alone; not stylized) is so well known that people associate it with one particular t-shirt maker, then potentially that company could prevent others from using the word... View More

1 Answer | Asked in Intellectual Property for Florida on
Q: Is a US state required to honor the copyright of a foreign author's book if they sue a Floridian, claiming they copied

the work? The book has never been published in the US.

Griffin Klema
Griffin Klema
answered on Sep 21, 2017

Generally speaking, intellectual property rights depend on the country where they are issued/recognized. For example, a Chinese patent is not enforceable in the United States, only a U.S. patent is enforceable within U.S. borders, and vice versa.

Regarding copyright, the same may be true....
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1 Answer | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Florida on
Q: How to ask permission from a website to use their product photos to sell the same products on a different platfrom.

I wont be selling these products in the United States, but in Dubai. The platform might be my own site or something similar to amazon. I just wanted to make the perfect appeal.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 16, 2017

This type of advice will be best to obtain from a lawyer you hire versus this question and answer blog. You likely need to speak with a copyright attorney and or an international law attorney as your question brings into play both types or areas of law.

1 Answer | Asked in Business Law, Gaming, Intellectual Property and Libel & Slander for Florida on
Q: Will I be able to use the likeness of presidents and celebrities for an app as characters. I would not use their names.

actually, for the presidents I would use their names. I would use nicknames for the celebrities.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 8, 2017

You should repost this question under the heading of intellectual property and copyright law. That will likely get you better answers from attorneys that deal with intellectual property rights.

1 Answer | Asked in Copyright, Civil Rights, Intellectual Property and International Law for Florida on
Q: Hello!

If I have a business/product idea and want to pursue it with an already established company, instead of starting from scratch how can I work with them without them stealing the idea or product from me, what's the safest approach for me as far as the law goes to protect my idea

Richard Sternberg
Richard Sternberg
answered on Aug 8, 2017

Develop a description of your product that does not reveal any of the protected information. Once you get a company interested, pay a lawyer for a Non-Disclosure Agreement, commonly called an NDA. Get it signed before you reveal anything identifiable.

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: I have a coaster that has a saying on it. I've used it in a photograph I took at my home. May I use this photo?

May I use this photo on Instagram as a casual photo though it has my business logo subtlety placed?

Dr. Jamie Cuticchia
Dr. Jamie Cuticchia
answered on Aug 2, 2017

The relevant terms of use of Instagram:

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the...
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