Idaho Intellectual Property Questions & Answers

Q: Do officers have to release my intellectual property (images) after car is impounded? Can they hold them from me?

1 Answer | Asked in Copyright, Intellectual Property, DUI / DWI and Products Liability for Idaho on
Answered on Jul 25, 2018
Peter N. Munsing's answer
Contact an attorney experienced in DUI in the county where you are charged. You'll need him for the DUI and she can advise you on this aspect. They'll work out payments.

Q: If u bring every bit of knowledge for biz and partners put up the money. Ur the one with the intellectual prop right?

1 Answer | Asked in Intellectual Property for Idaho on
Answered on Oct 25, 2017
Benton R Patterson III's answer
The partner that contributes intellectual property to a business does not necessarily own the intellectual property. An attorney would need to review the partnership agreement to determine who owns the intellectual property. Although, business contacts, supplier relationships, and business structure are likely not protected by intellectual property rights.

Q: why can't I get an official patent award for this patent 20050185327

1 Answer | Asked in Intellectual Property for Idaho on
Answered on Aug 30, 2017
Mark David Torche's answer
This is an issued patent # 7312950. It is expired since the maintenance fees were not paid. You should be able to download the patent by looking up this number. Good luck.

Q: is posting an article from another webpage with a link to that page, copyright infringement?

1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Answered on Apr 26, 2017
Will Blackton's answer
Yes, that sounds like copyright infringement. Statutory damages for copyright infringement range from $750-$150,000 if the work was registered with the U.S. Copyright Office before infringement or within three months of the creation of the work. In order to get a better idea of what is a reasonable settlement number or what courts have awarded in the past, you'd have to provide more information about the nature and circumstances of the infringement.

If the work was not registered with...

Q: I want to buy a trademark, that has been cancelled in 2006. Can I just apply to buy it or do I notify the previous owne

1 Answer | Asked in Intellectual Property for Idaho on
Answered on Apr 23, 2013
Bradlee R. Frazer's answer
In the U.S., trademarks exist, or not, without regard to the status of a registration. So, even if the federal registration has been cancelled, as I infer from your question it has been, if the owner of the mark is still using it, you would need to acquire the mark and the good will from the current owner. If you did so, you could thereafter file a new federal trademark registration application in your own name--you cannot transfer or buy a "cancelled trademark." If no one is using the mark, it...

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