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Illinois Intellectual Property Questions & Answers
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 because he's a minor, yet... 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 under...
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: https://support.google.com/youtube/answer/171780?hl=en .... 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. Much...
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 application or... 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 depend on a registration,... Read more »

1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: What does abandonment-no statement of use filed

I want to know if someone LLC something. but, when I researched it gave me the statement

T. J. Jesky
T. J. Jesky answered on Sep 8, 2018

The term, "ABANDONED - NO STATEMENT OF USE FILED" is used by the U. S. Trademark Officer. It means when the applicant has not replied to the Trademark office and the applicant has failed to file "statement of use" then, USPTO abandons the mark. The mark is not valid anymore and it is free for... Read more »

1 Answer | Asked in Intellectual Property for Illinois on
Q: what do i do when a phrase i have just trademarked is already in use by another company/person?
Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Jul 15, 2018

You advise them of your newly trademark phrase and give them an adequate amount of time to take care of it simply b/c it is potential infringement, as a courtesy. Or you can follow up with an attorney to draft it up for you.

2 Answers | Asked in DUI / DWI and Intellectual Property for Illinois on
Q: How can I get another attorney due to attorney hired not responding and judge is demanding attorney and won't assign PD

I hired an attorney for a DUI case, i was making monthly payments and he always showed up for court. I made final payment in December, attorney did not show up for january or feburary court date. on february court date asked judge for public defender judge says he can not assign public defender... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Feb 13, 2018

Madam or Sir:

That is unfortunate. I suggest that you first contact the Illinois State Bar association. They may be able to provide new contact information or clarify your attorney's status. If that fails, I suggest that you next contact the Illinois Board of Bar Overseers to discuss...
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1 Answer | Asked in Intellectual Property and Business Law for Illinois on
Q: To become an additional party (defendant) in TTAB Opposition.

Based on business partnership with an applicant, in order to become an additional party (defendant), is it legally appropriate to get Plaintiff's consent to file a joint motion in TTAB?

Benton R Patterson III
Benton R Patterson III answered on Sep 27, 2017

This is not a question that has an easy answer. An attorney would need to review all the facts. Unless you have an ownership interest in the trademark registration, a business partner may not have standing to join the proceeding. If not, you may be able to move to file an amicus brief in support... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Illinois on
Q: Is this legal to use on a tee shirt of your own design https://trademarks.justia.com/858/68/supreme-85868057.html

Can that trademark be used on a shirt like at https://mikethebear.com/

Michael Gerity
Michael Gerity answered on Aug 1, 2017

Hello. The trademark application in the link actually never got registered. They filed the application as an "intent to use" application, meaning that they were not using the mark in commerce at that time, but intended to do so at some time in the future. Their application was allowed back in... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: I want to trademark UNLABELED FOR my clothing brand. Is it already taken ?
Griffin Klema
Griffin Klema answered on Jun 11, 2017

You can search for federal trademarks at the USPTO via the TESS system. There are two possible registrations that may prevent you from securing a trademark: "Unlabeled Society" and "Unlabeled State of Mind." Both are registered in international class 25 (clothing). So, if you pursued a trademark... Read more »

1 Answer | Asked in Consumer Law, Business Law and Intellectual Property for Illinois on
Q: I have a startup, involves catering food from third parties, can the origin of the food be kept as a trade secret ?

none

Griffin Klema
Griffin Klema answered on May 18, 2017

It is unclear what you mean by "origin" of the food. The real question is what are you trying to protect? A recipe? The identity of your wholesalers/sources?

There is a whole host of regulatory issues regarding sale of food and beverages, and they will certainly determine how much you can...
Read more »

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: Who is the primary owner of intellectual property; the person who had the idea or the person who built it?

I currently have an idea for a new app. However I currently lack the technical skill to create it, and I am considering finding outside assistance. In this case, would I be the primary owner of the enterprise or would credit go to the person who had the skill to take the idea and turn it into a... Read more »

Will Blackton
Will Blackton answered on Apr 30, 2017

The contract between you and the person who creates your app, as crafted by an attorney, would define who owns the underlying intellectual property. Absent contractual agreement and any real participation on your behalf, other than supplying the idea, if you're seeking to copyright the code of... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Illinois on
Q: Hello! I am a freelance journalist who will be starting a regular column with an independent website.

I'd like to title my column "7upandwine" and have a correspondinge website "7upandwine.com" -- Would including "7up" in my column name and website open me up to legal response? For example does it infringe on some kind of copyright law? I'd eventually like to syndicate this column, so I want to be... Read more »

Susan M Hankins
Susan M Hankins answered on Dec 1, 2016

Potential Trademark violation. I would expect a response. You could ask for permission and at least display their trademark with the term 7up.

1 Answer | Asked in Contracts, Intellectual Property and Personal Injury for Illinois on
Q: What legal wavers are needed to keep sources legally protected, as well as ourselves financially protected?

I'm looking to write a book with a friend of mine about certain personal experiences of many of our community members. We will likely have folks who are happy to share their personal information (such as names) for the book, as well as those who wish to remain anonymous, but still want to share... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 31, 2016

What you should do is sit down with a local attorney who handles media law and has experience with publishing. That way they can cover all of your basis. An ounce of prevention saves a pound of flesh (or something like that).

1 Answer | Asked in Intellectual Property for Illinois on
Q: Do I need publisher permission to record readings of purchased books on CD or MP3 for elementary school classrooms?

I'm writing a grant proposal to help parents and teachers support students in Kindergarten - 2nd grade that are struggling in reading in urban schools. I am trying to develop a home audio program (for educational purposes, not for profit) for these students since their parents may not be able to... Read more »

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Sep 13, 2011

Most likely you will need to get the publisher's permission (unless the books are old enough to be in a public domain, i.e. not protected by copyright law). Fair use exception applies to a chapter from a book, or a small portion of a movie,etc. but would not protect you from copying an entire book,... Read more »

1 Answer | Asked in Intellectual Property for Illinois on
Q: Do we need to include our legal name and address in motion to quash?

Just received one of those pesky letter

trying to file motion to quash, but, not sure if I need to include my legal name and address as it will mute the point of being Does. Should I send separate cover letter to the court within the filling with the information for correspondes with court... Read more »

Burton A. Padove
Burton A. Padove answered on Jul 16, 2011

The courts require names and adresses on all pleadings other than special cricumstances.

2 Answers | Asked in Intellectual Property for Illinois on
Q: I invented and had a prototype working for 2 years i called a company and they stole my invention

Do i have any rights to my invention

Paul Overhauser
Paul Overhauser answered on Dec 2, 2010

It depends on several factors, such as whether you filed for a patent, whether it may still be possible for you to do so, and whether the company you called agreed to keep the invention confidential. There may also be other relevant facts. You should contact an intellectual property attorney to... Read more »

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