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Georgia Intellectual Property Questions & Answers
1 Answer | Asked in Contracts, Family Law, Intellectual Property and Probate for Georgia on
Q: Can I sue my step father for pain and suffering, for him throwing away/selling my deceased mothers belongings?

My mother recently passed away, in her Will it states that my older sister, older brother and myself have rights to her belongings she's left behind. My step parent has took it upon himself to throw out her items left to me and my siblings. He's not listed in her last will and Testament... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Nov 29, 2018

You cannot sue for pain and suffering. You can sue for value of the property as well as suing him for interfering with the administration of an estate as an Executor de son Tort.

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Trademark for Georgia on
Q: How would I go about obtaining the copyright to an old abandoned game?

The trademark was abandoned by Microsoft in 2015, and the company that developed the game, Artoon went defunct in 2010.

And further more about how much would it cost to purchase something like that?

Jason Brooks
Jason Brooks answered on May 14, 2018

Copyright is an asset just like physical possessions. If the company is in fact out of business, their assets went somewhere (and now belong to someone, such as the original owner's heirs, or another entity or individual) following the company's dissolution. Therefore you still must have... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: What do I need to do when my trademark is in abandoned status?
Benton R Patterson III
Benton R Patterson III answered on Feb 20, 2018

An attorney would need to know the circumstances under which it became abandoned and how long ago it became abandoned to determine if it can be revived. Most likely, you will need to start over with a new application and a new filing fee.

1 Answer | Asked in Intellectual Property, Estate Planning and Real Estate Law for Georgia on
Q: My granddad passed away in 2009, and so my mom has been paying his property tax every since, can she claim the land
Benton R Patterson III
Benton R Patterson III answered on Feb 6, 2018

Paying property taxes alone is probably not sufficient to transfer title to the property. I recommend speaking with a local estate planning attorney.

1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: ONESIES - Trademark Details Status: 780 - Cancellation Terminated - See Ttab Records what does this mean?
Griffin Klema
Griffin Klema answered on Sep 21, 2017

It probably means the proceeding to cancel a trademark has come to an end. Whether the trademark has been canceled or remains registered and enforceable is a different issue. If you would like more information about "dead" trademarks (including canceled ones), I have written a blog post... Read more »

1 Answer | Asked in Intellectual Property for Georgia on
Q: Which class do I use and do I file trade or service -- or both?

I'm unclear which class to file under. I'm a coach/consultant operating an LLC under which I provide training, coaching, public speaking, and related services. I have developed an acronym-based goal-setting system, which I will be documenting in a series of books. As my LLC, I will be... Read more »

Barbara Berschler
Barbara Berschler answered on Sep 5, 2017

You have posed many questions and described a complicated scenario. I suggest it would be worth your while to work with a business attorney who is also conversant with IP matters like copyright and trademarks so that you do not take steps which might conflict with one of your other goals.

2 Answers | Asked in Intellectual Property for Georgia on
Q: Can I patent a baby booster seat?
Mark David Torche
Mark David Torche answered on Jul 26, 2017

The simple answer is yes, if you have a new or inventive improvement over the baby seats that have come before. Most patents are for improvements rather than completely new fields of inventions. You need to talk with a patent professional to help you decide whether your invention is likely to... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: If I wanted to make a free fancomic based off a certain Marvel superhero, would that be a violation of copyright ?

Again this would be completely non-profit and open to the public. I was thinking of having it posted on a free webcomic site. The only thing is that the content would contain some reimagined versions of Marvel's characters and locations.

Will Blackton
Will Blackton answered on Jun 28, 2017

Fan fiction is generally considered derivative work, which only the original author may lawfully produce. So, you can be sued for producing fan fiction. Actively making money from writing fan fiction merely makes you more of a target for being sued, however, it's not a necessary component to a... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: Can I place licensed toys inside of bath bombs for sell If I don't use any identifying marks/logos?
Will Blackton
Will Blackton answered on May 11, 2017

If you're licensing the toys for that use, of course you can.

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: want to hire different illustrator on sequels for a picture book.Can the illustrator of 1st books say she own character

I want to hire a different illustrator on sequels for a picture book. Can the illustrator of the 1st book say the following: "The contract says I retain rights to the characters, so they are my characters and can not be reproduced by another artist. How much is the other artist charging you... Read more »

Will Blackton
Will Blackton answered on Mar 23, 2017

Your first illustrator can say whatever s/he wants about your contract, but this answer will depend almost entirely on what your contract actually says. Contact an attorney with experience in copyright law and ask them about the specifics of that contract.

1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: I own this https://trademarks.justia.com/870/77/traphaven-87077506.html now offer apparel and someone has started sellin

hats.but i sell shirts and was looking into hats to use them for promotion and havent had the chance to ammend my rights.I am also known as "traphaven" on All social media.I have a site selling shirts but now he also has a website selling the hats.I have numerous media with the wordmark... Read more »

Brian Lehman
Brian Lehman answered on Feb 25, 2017

You can bring an action for trademark infringement and perhaps other causes of action in federal court. If you would like a referral, you can contact me at the email on my website.

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: I am a minor who is at risk of having copyrighted videos linked to the web. How can I discreetly remove them

I'm a minor and I was threatened to send more and more. When I stood up for myself he said he would expose me

Will Blackton
Will Blackton answered on Jan 28, 2017

This question is unintelligible. I don't mean to assume too much, but if you are a minor who has transmitted pornographic images to someone who is not a minor, TALK TO YOUR PARENTS FIRST, then seek the assistance of a criminal defense attorney, then plan on going to the police if this person... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: I filed for my patent on March 17, 2016, how much time do I have to file for a foreign patent?
Peter D. Mlynek
Peter D. Mlynek answered on Nov 22, 2016

Generally, up to exactly 1 year.

(Your attorney should have told you that. )

1 Answer | Asked in Contracts, Products Liability, Intellectual Property and Small Claims for Georgia on
Q: Some of my art was in a gallery, only to later find out the owner's bf destroyed it in a fit of rage. Is she liable?

I entered my art in the gallery nearly a year ago, and while there was no written contract, there was a verbal agreement that 100% of the profit would go to me. (I do have proof of her telling me this several times)

She and her then Boyfriend apparently got into a fight (the gallery was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 1, 2016

Usually the Gallery owner is,unless she had you sign some form of release.

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