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Illinois Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: I am a visual artist. I painted a large, photorealistic, 30x30in, painting of a Fritos bag. Can I sell it? Thank you!
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Mar 16, 2022

As long as you're not selling snacks, the transformative work is not an infringement. Andy Warhol did fine with his iconic Campbell's Soup can paintings many years ago.

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Illinois on
Q: Hi there, IP copyright dispute, between equal partners in series LLC. Concerns over whom IP Copyright belongs to.

The business (A clothing company) didn't generate any profit and we have agreed to dissolve the series LLC, Web P, social media page etc, but it does leave us with the IP of the designs that we independently created.

Neither of us were paid employees or hired to create our own designs... Read more »

Jonathon Maddox
Jonathon Maddox answered on Feb 2, 2022

There are several factors here, and a thorough review of the LLC and Operating Agreement would be needed, as well as a full understanding of exactly how and when each design was created. I’m an IP Attorney, and would be happy to have a free consultation and see how I can help your legal needs.... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Plantiff asking for unreasonable money in the name of trademark infringement & consequences if seller is outside USA

These days people are making money not by selling products but by filling case against small level dropshipping store in the name of trademark infringement. Platform like Ebay and amazon neither send any warning nor a solution to the seller once the case is filled. On the other hand plantiff ask... Read more »

Linda Liang
Linda Liang answered on Oct 30, 2021

If the trademark is not yours and you do not know of the alleged infringement of trademark, you should not be liable. You should at least hire an attorney to stop them from suing you. Even defending should not be expensive. They can ask what they want. What they can get it is another story. I would... Read more »

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: What is IP/patent ownership assignment when filing a patent application?

I submitted a good patent with my *previous* company. And now as a part of filing, they sent me an "assignment" PDF file to sign which is odd to me and I never had an experience with signing such a file (I was going to sue the company so I'm a bit suspicious about their request).... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 29, 2021

Basically they want you to give them the patent.

Depending on your employment contract they may have rights to it already.

Consult with an attorney.

2 Answers | Asked in Copyright, Gaming and Intellectual Property for Illinois on
Q: If I want to resell a video game streamers highlights, do I need to obtain licensing from the video game publisher?

If its a case by case basis, what companies require a licensing agreement?

Omar Darwich
Omar Darwich answered on Jul 1, 2021

So you're talking about potential infringement and there are some specific details that need to be discussed.

Your best course of action is to consult with an attorney before making any decisions.

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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: This is in regards to copyrighting an online image.

I own a small pressure washing buisness and I found a before and after picture of a house wash online. The image shows a house on the left side as dirty and then on the right side the same house but it’s clean after a washing. It’s a picture I used for my website and my postcards that I put on... Read more »

Kathryn Perales
Kathryn Perales answered on Mar 12, 2021

Based on your story, you don't appear to have explicit permission to use the photo, and may be infringing the photographer's copyright rights. Also based on your story, this photo is widely used and the photographer may not care, or may have intentionally placed the photo in the public... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: Hello my name is jason I’m an inventor and came up with an idea and submitted it. Come to find it’s not patentable

I would like to speak to the inventor

Kevin E. Flynn
Kevin E. Flynn answered on Aug 24, 2020

First you should consult with a patent attorney to see if the patent that concerns you actually is still in force. It may have lapsed early for failure to pay the maintenance fee and contacting them may cause them to belatedly revive it.

But if you are sure that you want to contact the...
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1 Answer | Asked in Intellectual Property for Illinois on
Q: What is the expected life of a patent? Can I use a patent/design when it is expired?
Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 21, 2020

~20 years from filing for a U.S. Utility patent and 15 years for a U.S. Design patent (was 14 until a few years ago). The Utility patent term can be affected by patent term adjustments, and reliance on the filing date of any earlier priority application, and other factors.

Once a patent...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: Question about patent scope

I am writing a patent that consists of separate components that could also be patented. My question is whether it would be better to patent each piece of technology individually or to include them all within the final marketable product.

Peter D. Mlynek
Peter D. Mlynek answered on Jun 28, 2020

Well, it is generally easiest and cleanest to put it into separate applications (because inventors typically come up with different components at different times, but I generally tend to put it all into one patent application, let the examiner restrict it, and then choose which way you want to go.... Read more »

2 Answers | Asked in Intellectual Property and Trademark for Illinois on
Q: How can I buy off a trademark?

I’m trying to see if could buy off from the owner this trademark 86480383

Kathryn Perales
Kathryn Perales answered on Jun 19, 2020

You can look up a trademark owner's contact information at You can then contact the trademark owner, and make your offer. You may want to seek business and legal advice to make sure you offer an appropriate price, and to make sure the trademark is assigned to you properly... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: I have just opened an online store and I have concerns about copyright infringement.

I would like to know about what is portected and what is not protected using photos from on line downloads, for T shirts designs.

James D. Williams
James D. Williams answered on Mar 14, 2020

Ultimately it depends on where you get the photos and what is in them. If you are using photos that are downloaded from Adobe Stock Photos or a service where the photos are provided to users for posting on public pages, then you might be able to use them, generally. However, if you are finding... Read more »

1 Answer | Asked in Copyright, Estate Planning, Intellectual Property and Trademark for Illinois on
Q: Can a fingerprint be trademarked to protect intellectual and pyshical property?
Tania Maria Williams
Tania Maria Williams answered on Feb 20, 2020

Trademark protection is based on use as a source identifier of goods or services. If that fingerprint isn't identifying the source of a good or service, the likely answer is no.

3 Answers | Asked in Business Formation, Intellectual Property and Trademark for Illinois on
Q: I want to trademark "Trill Apparel" but "TRILL APPAREL CLOTHING COMPANY" is taken.

Our company also does clothing but we would trademark it as "Trill Apparel" and not "Trill Apparel Clothing Company". Would we be able to do this?

Jason Brooks
Jason Brooks answered on Jan 31, 2020

Because of the substantially similar nature of your proposed mark to that already registered mark, your application would very likely be rejected by the USPTO for "likelihood of confusion." When making their decision, the Examining Attorney examines the proposed mark as a whole, and... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: Hi How much do you charge for getting me a trademark registered'
Enrico Schaefer
Enrico Schaefer answered on Oct 4, 2019

If you need a trademark availability opinion before you register, that is $800 including the third-party fees. If you need trademark registration, that is $1200 including USPTO fees

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Thanks for the opportunity to ask a quick question. I take note that Cannei has a trademark on the game SET. If I only

incorporated their play mechanics but none of their artwork, would that be allowed under trademark, copyright and patent law? Thanks.

John Martin Hilla
John Martin Hilla answered on Jun 24, 2019

This is a patent question. From the trademark standpoint, the mechanics of a game, or software coding, etc., is not a subject-matter of trademark law or with which trademark registration with the US Patent and Trademark Office is concerned. Trademark protection is extended to the word mark (name,... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Intellectual Property and International Law for Illinois on
Q: I unknowingly traded a minor vehicles. He forged his dads name (same name). They said they are reporting it stolen.

He traded me vehicles across state lines and they said I'm going to be arrested. The vehicle is already in my name and licensed, they said it's my fault and their soon can't have criminal charges brought against him for taking "his" car, which turns out to be his fathers... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 24, 2019

Keep this plausible story in a safe place so you will be able to re-tell it to the police--if they arrest you.

2 Answers | Asked in Civil Litigation, Intellectual Property, Criminal Law and Federal Crimes for Illinois on
Q: 17 year old forged his fathers name and traded me vehicles across state lines. Parents want to trade back or report

I have the advertised post on Facebook printed out and everything. I already sent the title in. He's in Kentucky, I'm in Illinois.

William Wolf
William Wolf answered on May 23, 2019

I am not sure what your question is.

If you're asking, does the 17 year old need a criminal defense lawyer for any investigation regarding his conduct? Yes. This is a State and a federal offense.

If you're asking, do you need a criminal defense lawyer? If you're...
Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Illinois on
Q: I am building an ecommerce website similar to Amazon, allowing third-party sellers, etc.

For the media items, like movies & tv shows, I have embedded trailers from YouTube into the listings. According to YouTube, as long as videos are embedded and not copy & pasted, this is perfectly acceptable, allowable, and legal, found here:... Read more »

Griffin Klema
Griffin Klema answered on Apr 16, 2019

If you have created a successful business, you're going to get silly/aggressive/unfounded accusers, just be ready and have a good lawyer on retainer to deal with such issues as they arise.

As for embedding YouTube videos onto your own website (for profit), this is a common question....
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I want to file a patent with Bridgestone in Belgium to offset dimple the existing cushion sidewall gum 6302444357

Professional engineer

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 12, 2019

There are a number of ways to file a patent in Belgium as well as other countries. The first step is going to be determining if you're only interested in Belgium or if you'd like to file in other countries as well. From there, you will have to decide if you'd like to draft your own... Read more »

1 Answer | Asked in Intellectual Property for Illinois on
Q: Imagineering is trademarked by Disney, but Imagineer is not. Can we use Imagineer for an online business?
Griffin Klema
Griffin Klema answered on Jan 24, 2019

That probably is going to run into an objection from Disney since its very related to an existing mark. Even if there is no registration for "IMAGINEER" if Disney uses that term in commerce, then it probably has trademark rights to it. That's because trademark rights don't... Read more »

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