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 
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
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
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
answered on May 26, 2023
Regarding where to start, you should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in... View More
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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... View More
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answered on May 2, 2023
To renew or register a trademark, you will need to follow the process established by the US Patent and Trademark Office (USPTO). Here are the general steps:
Conduct a trademark search: Before renewing or registering your trademark, it is important to ensure that it is still available and... View More
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answered on May 2, 2023
No, you do not have to trademark the "LLC" portion of your company name. The purpose of a trademark is to protect your brand and prevent others from using a similar name or logo that may cause confusion among consumers. The "LLC" designation is not part of your brand identity... View More
By comment I mean analyzing a clothing piece?
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answered on Mar 29, 2023
Fair use is a legal doctrine that allows limited use of copyrighted material without obtaining permission from the rights holder for certain purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Whether or not the use of a copyrighted image in a blog would be... View More
Case: Copyright Infringment
I have been working on a synopsis and pitch deck for a long time, approximately a year. I had experienced a true to life scary experierence and felt like producers would be interested in a true story for a horror movie. After talking to many people in the film... View More
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answered on Mar 29, 2023
Based on the information provided, it seems like there may be potential for a copyright infringement case if the podcaster used your work without your permission. To determine the strength of the case, a lawyer would need to review the specifics of your situation, such as the details of your... View More
I want to provide my readers with a summary of the news. The summary would be completely in my own words, and unique titles too. Sometimes I weave several news articles into a single summary. Do I have to quote the source of the news? Am I fine legally?
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answered on Mar 29, 2023
It is generally acceptable to summarize news articles in your own words without quoting the source as long as you do not copy any unique phrases or sentences directly from the original article. However, it is good practice to provide a citation or link to the original article as a courtesy to your... View More
I sell a product called "Creatine Monohydrate Gummies" and there is a trademark for "Creatine Gummies" which is a against the lanham act because It describing a general ingredient which I disputed for cancelation But, Im wondering un till the case gets settled can I get in... View More
answered on Mar 9, 2023
CREATINE GUMMIES is registered for dietary and nutritional services, but only on the Supplemental Register and not the Principal Register, because -- as you properly note -- it is merely descriptive of the goods. Consequently, it has lesser protection.
Your mark CREATINE MONOHYDRATE GUMMIES... View More
I sell a product called "Creatine Monohydrate Gummies" and there is a trademark for "Creatine Gummies" which is a against the lanham act because It describing a general ingredient which I disputed for cancelation But, Im wondering un till the case gets settled can I get in... View More
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answered on Mar 10, 2023
It is possible that you could be sued for trademark infringement by the owner of the "Creatine Gummies" trademark, especially if your use of "Creatine Monohydrate Gummies" is found to be confusingly similar or likely to cause consumer confusion with the other product. However,... View More
I want to start a Trademark law firm, initially just helping clients file their applications. Is this an ethics issue if I also work for an IP law firm? What if the practice areas are different?
answered on Jan 10, 2023
In most jurisdiction there is a law that says that this would be considered as a a breach of non-competition with your employer. You must therefore find a pertinent laws in your country which states what are the restrictions for your profession. Also you need to check out your employment contract... View More
The process is my original creation. I would like to acknowledge the author in my resources list so people can study his work. The author has died.
answered on Dec 12, 2022
In my opinion (dont take this as a final and comprehensive legal advice as I do not have all the details of your case), this would in most countries not considered as IP infringement. You have inspired yourself from the information covered in book however the process itself is your idea (your work)... View More
answered on Aug 1, 2023
You will need to register for an account with the Georgia Department of Revenue. After verification, you will be able to submit a claim through the online portal for unclaimed property. If you need assistance, schedule a free consultation.
answered on May 20, 2023
A Georgia attorney could advise best, but your question remains open for two weeks. However, this sounds like it might be more of an intellectual property matter than an arbitration matter, the category where it's posted. If you're talking about similarity in terms of wording, logos,... View More
Someone stole my images
answered on Mar 25, 2023
This forum allows attorneys to answer legal questions that are submitted by members of the public. However, we don't receive information about the people asking the questions, because this isn't really a referral forum.
If you have a question that you think an attorney may be... View More
The LLC will be listed as the copyright claimant and the author of the work. Thanks in advance!
answered on Oct 5, 2022
If the executive director of the company changes, he can decide to transfer it to someone else. However, in most of the jurisdiction the legal person can not be an author, so you should check whether it is possible or not, as there is an assumption that even though company can own the rights to the... View More
Well i signed a distribution deal with the label 80/20% cut and i own all Masters and music i created for 5 albums to be distributed over 5 years 2014 . i only have given And released 4/5 before i lost contact with them _ them = the label . i have had head trauma after signing to where i forgot... View More
answered on Jul 21, 2022
A Georgia attorney could advise best, but your question remains open for two weeks. You could continue to await a response, but there is a category here, Entertainment/Sports Law. You could try reposting and adding that as a category. There's no guarantee all posts are answered, but attorneys... View More
Popsockets LLC keeps making claims that my trademark FAB POPS is in violation of there mark POP. This has happened over 150 times since June 27, 2022. My first use of FAB POPS is 6 months before there claimed first use. How can I combat the damage this is causing my business?
answered on Jul 11, 2022
One time is frustrating, but 150 times in a matter of weeks? Wow. It looks like you have an earlier first use in commerce date between the trademarks identified in your post. However, Popsockets LLC owns a fairly large portfolio of marks comprising the word "POPS." You should speak to a... View More
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