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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.
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... View More 
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.... View More
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... View More
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... View More
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).... View More
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.
If its a case by case basis, what companies require a licensing agreement?
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.
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... View More
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... View More
I would like to speak to the inventor
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... View More
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... View More
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.
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.... View More
I’m trying to see if could buy off from the owner this trademark 86480383
answered on Jun 19, 2020
You can look up a trademark owner's contact information at tsdr.uspto.gov. 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... View More
I would like to know about what is portected and what is not protected using photos from on line downloads, for T shirts designs.
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... View More
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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.
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?
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... View More
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
incorporated their play mechanics but none of their artwork, would that be allowed under trademark, copyright and patent law? Thanks.
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,... View More
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... View More
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.
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.
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... View More
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:... View More
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.... View More
Professional engineer
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... View More
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... View More
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