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Georgia Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: I have developed a math puzzle game. I want to copyright) patent it, or sell to game manufacturer or media house. Advise
James L. Arrasmith
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answered on Feb 21, 2024

To protect your math puzzle game, you have a few options. Copyright would protect the specific expression of your game, such as the artwork, design, and written instructions, but not the underlying idea or concept. Patenting your game could protect the idea or mechanics behind it, but this can be... View More

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: If I commission art and don’t like the hair and get someone to edit it, is it a violation of VARA?

A friend of mine had digital art made for their stream but the hair on the character was incorrect so she had it changed. The artist is claiming that it violates their rights under VARA

James L. Arrasmith
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answered on Feb 21, 2024

Under the Visual Artists Rights Act (VARA), artists have certain rights to integrity of their work, which includes the right to prevent alterations or modifications that could harm their reputation. However, VARA protections generally apply to physical works of art rather than digital creations.... View More

2 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: Does one trademark protect the whole class of goods regardless of what I'm currently selling?

I currently sell dog collars and dog leashes, which are both class 18. I plan to soon start selling backpacks, which are also class 18. If I only get the trademark for the collars and leashes, will it also protect the backpacks that I plan to sell later?

T. Augustus Claus
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answered on Feb 8, 2024

In Georgia, obtaining a trademark for specific goods within a class, such as dog collars and leashes in class 18, provides protection for those specific goods but doesn't automatically extend to all goods within the same class. While trademarks are registered under specific classes to broadly... View More

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2 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: Does one trademark protect the whole class of goods regardless of what I'm currently selling?

I currently sell dog collars and dog leashes, which are both class 18. I plan to soon start selling backpacks, which are also class 18. If I only get the trademark for the collars and leashes, will it also protect the backpacks that I plan to sell later?

James L. Arrasmith
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answered on Feb 23, 2024

Trademarks provide protection for specific goods or services that are covered by the trademark registration. While your trademark registration for dog collars and leashes in class 18 would provide protection for those specific products, it would not automatically extend to cover backpacks or other... View More

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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: I'm researching a small business idea. How can I protect myself from copyright infringement liability?

My business idea is basicaly a service to make advertising more accessible to solo artists/makers.

I would write a Facebook post scheduling app. Then erect a website where solo artists/makers can purchase a campaign. A campaign would consist of a series of scheduled posts and possibly email... View More

James L. Arrasmith
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answered on Dec 10, 2023

To mitigate the risk of copyright infringement liability in your business, it's essential to implement clear policies and procedures. First, establish a terms of service agreement for your users, clearly stating that they must own or have the right to use all content they include in their... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: how do i find out if an idea is patented already
James L. Arrasmith
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answered on Nov 8, 2023

To find out if an idea is already patented, you should perform a patent search. This can be done using the United States Patent and Trademark Office (USPTO) online database.

When searching, use a variety of keywords related to your idea to ensure a comprehensive search. It's important...
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4 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: Should I register my business name before trademark
David Aldrich
David Aldrich
answered on Nov 3, 2023

Generally, it is a good idea to form the business before filing for any trademarks. When you apply for a trademark, the "owner" you identify should be the entity that is actually using the mark in commerce (or else you put your registration in jeopardy). This is typically the company,... View More

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4 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: Should I register my business name before trademark
James L. Arrasmith
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answered on Nov 4, 2023

Registering your business name at the state level typically secures your name within that state and is often a step in the foundational process of establishing your business.

A trademark, on the other hand, provides legal protection for your brand name, logo, or slogan at a national level....
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4 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: Should I register my business name before trademark
Felicia Altman
Felicia Altman
answered on Nov 3, 2023

Generally, it is good practice to form a business prior to filing any trademarks, however it is always good to ensure the business name is not already filed as a trademark by someone else prior to forming the business.

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Can I buy Disney or licensed fabric and make a headband or scrunchie and sell it?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 11, 2023

The answer is YES. The "first sale doctrine", codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Can I buy Disney or licensed fabric and make a headband or scrunchie and sell it?
James L. Arrasmith
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answered on Sep 14, 2023

Creating and selling items using Disney or licensed fabric may infringe on intellectual property rights, such as copyrights or trademarks, owned by Disney or the respective licensor. To avoid legal issues, it's generally advisable to seek permission or a license from the rights holder before... View More

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2 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: Can I own this trademark? “Taking Care of Business”?
Felicia Altman
Felicia Altman
answered on Sep 3, 2023

It order to gain rights and ownership of a trademark you must file for the trademark with the USPTO in connection with the specific goods and services you are using the mark in connection with. In order to know if a trademark is available you should work with a trademark specialist to conduct a... View More

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2 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: Can I own this trademark? “Taking Care of Business”?
James L. Arrasmith
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answered on Sep 7, 2023

To determine if you can own the trademark “Taking Care of Business,” you would need to conduct a comprehensive search to see if the phrase is already being used or registered by another entity. If it is not currently being used or registered, and it meets the distinctiveness criteria set by the... View More

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1 Answer | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: Can I trademark Face.Lip.Body Cosmetics name
T. Augustus Claus
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answered on Aug 17, 2023

To trademark the name "Face.Lip.Body Cosmetics" in Georgia or the United States, you would need to go through the federal process with the United States Patent and Trademark Office (USPTO). It's important to ensure that the name is distinctive and not overly descriptive or generic.... View More

2 Answers | Asked in Copyright, Business Formation, Business Law, Trademark and Intellectual Property for Georgia on
Q: Would there be any trademark infringements to Skippy Peanut Butter for a dog treat bakery to be named Skippy's Snack?

Skippy's Snack Shack

David Aldrich
David Aldrich
answered on Aug 8, 2023

If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact... View More

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2 Answers | Asked in Copyright, Business Formation, Business Law, Trademark and Intellectual Property for Georgia on
Q: Would there be any trademark infringements to Skippy Peanut Butter for a dog treat bakery to be named Skippy's Snack?

Skippy's Snack Shack

James L. Arrasmith
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answered on Aug 15, 2023

Using a name like "Skippy's Snack Shack" for a dog treat bakery could potentially lead to trademark infringement issues with Skippy Peanut Butter if they believe there is a likelihood of confusion between their established brand and your bakery's name. To avoid legal issues,... View More

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3 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: If a company took a design that i didn't trademark and flipped it, could i still sue?
David Aldrich
David Aldrich
answered on Aug 3, 2023

I'm not sure what you mean by "flipped it," but ultimately, trademark rights are governed by use. If you commercially used a mark before another company used that same mark with similar goods/services, you still have recourse to enforce your rights. You should consult a qualified... View More

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3 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: If a company took a design that i didn't trademark and flipped it, could i still sue?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 3, 2023

If a trademark has been registered with the US Patent & Trademark Office, the owner may sue in federal court to enforce his exclusive rights. Trademark may also be registered at the state level to obtain exclusive rights in that state. The rights to use unregistered trademarks may be the... View More

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1 Answer | Asked in Trademark and Intellectual Property for Georgia on
Q: How do I get my trademark back do i just reapply ? It’s abandoned

BODIED trademark was abandoned and it was mine but I didn’t know how to re register as my lawyer did this but then she disappeared

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 21, 2023

If your application was abandoned for not timely responding to an office action or or filing deadline, you may be able to revive the application if you are within 6 months of the abandonment. If you are outside of the 6 months, then you will likely need to start over with a new application.... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: I need to patent my business idea,how and where do I start? in other words what is the process and how long does it take
James L. Arrasmith
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answered on Jun 18, 2023

To patent your business idea, you will need to follow a specific process that involves several steps. Here is a general overview of the process:

1. Conduct a patent search: Before filing a patent application, it is important to conduct a patent search to ensure that your idea is novel and...
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