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Georgia Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: Hello, If I see a trademark name has expired and not been renewed, can I claim that ?

See information on Durysta

Jason Brooks
Jason Brooks
answered on Jul 31, 2019

Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process... View More

1 Answer | Asked in Criminal Law and Intellectual Property for Georgia on
Q: What options do I have when a neighbor caused, allowed and had knowledge of a theft of property of greater than $30K?

I am disabled and live in a subsidized apt in GA. My neighbor let two people stay with her for approx. 2 weeks until they were arrested for trespassing. During that two weeks, the guests stole property I had on the porch due to bed bugs. Neighbor knew I was keeping those items. She even had a... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Jul 1, 2019

I would make sure that there is a criminal warrant against the 2 people that did the stealing. You can always apply for a criminal warrant on your neighbor for aiding and abetting. You can also try to sue her for any items she lied about and said they were hers. I hope this helps. An attorney can... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: If the trademark is abandoned does that mean someone could still use the name
John Martin Hilla
John Martin Hilla
answered on Jun 24, 2019

Abandonment of a trademark or a trademark application does not necessarily mean that the name is not in use in commerce. It simply means that that particular application or registration has been abandoned.

Before proceeding to attempt to register the same trademark, you should consult with...
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1 Answer | Asked in Estate Planning, Intellectual Property and Tax Law for Georgia on
Q: My brother and I did a quick claim deed with my two daughters on property we inherited from our parents for taxes

With the understanding that we would never the put out evicted or any thing of that matter and we were to live there until our deaths upon signing the papers I the mother his soul financier of this property and its taxes who was evicted within two months and now my brother is being threatened with... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 1, 2019

Your unfortunate situation was caused by your erroneous belief that non-lawyers can do very important things that involve their property rights without benefit of counsel. So now, rather than hire a real estate lawyer to help you avoid the errors before you made them, you will have to hire a civil... View More

1 Answer | Asked in Intellectual Property for Georgia on
Q: Can i evict a person living on my property when we only had a verbal agreement and the rent has not been paid in 5 month
Griffin Klema
Griffin Klema
answered on Mar 18, 2019

This is not an intellectual property question, but rather a real property issue or landlord-tenant issue. Consider re-posting the question under the correct topic.

2 Answers | Asked in Criminal Law and Intellectual Property for Georgia on
Q: Criminal trespass, Damaging of property. What will his bond and charge(s) be with it being dropped by the "victim"

Misunderstanding or false arrest. One of the two is what happen.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 4, 2019

If charges are dropped by the victim or person who reported then it is likely there is no bond.

Consult with a local attorney.

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1 Answer | Asked in Business Law, Contracts, Copyright and Intellectual Property for Georgia on
Q: Person wants me to sign a trade secret document before getting out of our informal partnership with no assets, only idea

I have an inquiry about a business person who wants me to sign a trade secret document before getting out of our partnership (in which we haven’t signed anything and haven’t developed any specific implementation, just ideas through brainstorming deriving from known methods - there's also... View More

Griffin Klema
Griffin Klema
answered on Feb 13, 2019

That's a complex situation. Without any formal company, you may both be operating under what is called a general partnership (but this should be addressed more conclusively by a Georgia lawyer). Even aside from the trade secret contract, to avoid incurring liability by your partner, I strongly... View More

3 Answers | Asked in Family Law, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: How do I terminate my parental rights in the state of GA? I have 2 children from Ex wife!

My ex wife and I have two boys who she have kept from me. I got married in 2016 and was put on child support. I am tired of being harassed and I’m tired of my children getting hurt by me trying to contact them. I currently have two girls by my current wife and none of us are allowed to contact... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 5, 2019

You are not likely to be able to terminate your parental rights under these circumstances. Termination of parental rights is only permitted in limited circumstances. Generally, only voluntarily when there is another parent willing to step into the biological parent's place in a step-parent... View More

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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... View More

Robert W. Hughes Jr.
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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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