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Idaho Intellectual Property Questions & Answers
2 Answers | Asked in Copyright, Animal / Dog Law and Intellectual Property for Idaho on
Q: Can I legally sell an image I took of a friends cow without their written consent or do I need a property release?

I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... Read more »

Robert E. Wasserman
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Robert E. Wasserman
answered on Jan 24, 2023

Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S.... Read more »

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1 Answer | Asked in Intellectual Property for Idaho on
Q: i was a part-time graphic designer in IDAHO and designed evrything for the company. Do i have intellectual property?

everything i read says that i needed to be a full-time employee for them to own my work. but they came to my doorstep and fired me and are now going to be using my designs for years and revising them and continuing to make a profit. Idaho does not have many rights for employees at all so I am in... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 14, 2021

most likely not.

If you got paid, and/or signed a contract, most likely you ceded all rights.

check your contract

1 Answer | Asked in Business Formation, Business Law and Intellectual Property for Idaho on
Q: I have an established small business (LLC) with a distinctive name. Another business took my name.

The competing business is in my same exact industry with the same exact product type and in my same town. The names are off by ONE letter and the distinctive part is exactly the same. Is there anything I can do do avoid the loss and/or confusion of my clientele? Social media is important in what I... Read more »

Michael Hales
Michael Hales
answered on May 30, 2019

It sounds like you have a potentially strong claim for trademark infringement, so I'd recommend speaking to an attorney to get this resolved.

1 Answer | Asked in Copyright, Intellectual Property, DUI / DWI and Products Liability for Idaho on
Q: Do officers have to release my intellectual property (images) after car is impounded? Can they hold them from me?

I was pulled over for having a license plate light out and issued a DUI. I was not arrested but car was towed and impounded, and later searched. I have contacted them several times about getting my hard drives and computer out of the car because I am a professional photographer and I'm already... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jul 25, 2018

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.

1 Answer | Asked in Intellectual Property for Idaho on
Q: If u bring every bit of knowledge for biz and partners put up the money. Ur the one with the intellectual prop right?

I built the biz and entered temp agreement with partners...they brought the money and basic computer/ phone set up and I brought all the contacts, suppliers, scripts, structure of biz myself and closed all the deals. I made the biz 37k in 3 weeks time and had to put the biz on hold because I feel... Read more »

Benton R Patterson III
Benton R Patterson III
answered on Oct 25, 2017

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... Read more »

1 Answer | Asked in Intellectual Property for Idaho on
Q: why can't I get an official patent award for this patent 20050185327

When I try to get a copy of the patent awarded for this patent 20050185327, it does not show a patent awarded?

Mark David Torche
Mark David Torche
answered on Aug 30, 2017

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.

1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Q: is posting an article from another webpage with a link to that page, copyright infringement?

If yes, what kind of damages can i expect?

Will Blackton
Will Blackton
answered on Apr 26, 2017

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... Read more »

1 Answer | Asked in Intellectual Property for Idaho on
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
Bradlee R. Frazer
Bradlee R. Frazer
answered on Apr 23, 2013

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... Read more »

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