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Indiana Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Trademark for Indiana on
Q: How can I contest a trademark claim in which someone is claiming rights to my name and art?

The person who filed an LLC and trademark with indiana is acting in bad faith. I never gave them permission and she is claiming to have rights to "all" my art work. In the legal forms it reads "jane doe owns all rights to art by john doe" I never gave her rights I haven't... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

This is a contract and interference with business matter and is largely factual in nature. Your cost benefit analysis will guide you in ignoring the party or in getting an attorney to assist you in terminating her complaints. See an attorney who can assist in court in the county where she resides.

2 Answers | Asked in Intellectual Property for Indiana on
Q: I'm interested in acquiring a trademark for a piece of media I'm working on, how would I go about this?

The name of said media is 'Dreams of Fear' and I was just curios about the entire process of registering a trademark. I've looked into it a little bit before, but nothing too serious. Now the project is beginning to develop some serious steam and I want to cover myself before... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 13, 2020

An attorney would need to do a strategy call to be able to best tell you what can be done. It depends on the type of media, the use, etc. Feel free to call or email me to discus further.

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1 Answer | Asked in Real Estate Law, Bankruptcy and Intellectual Property for Indiana on
Q: Can the trustee of Chapter 13 take money from insurance company after my neighbors house exploded totaling out my house?

I filed Chapter 13 Bankruptcy in January of 2019 and have been making payments. In May of 2019 my neighbors house exploded condemning my house unlivable. The insurance company paid out $115,000 to repair the house totaling it out and said if I tear it down and rebuild it they will give $25,000 more... Read more »

Timothy Denison
Timothy Denison answered on May 24, 2020

You need a bankruptcy attorney ASAP to clean this up for you and to protect your interests. The trustee shouldn’t be able to hijack all your money from the house.

1 Answer | Asked in Criminal Law, Copyright and Intellectual Property for Indiana on
Q: Does Indiana state civil or criminal law prohibit a party from selling knockoff clothing/copied sewing patterns?

I was informed that Indiana criminalizes parties who sell knockoff clothing where the knockoff item duplicates the exact sewing pattern of another brand's clothing. There is no intellectual property infringement in the act of selling knockoffs, as long as the knockoff is not using a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 9, 2020

If it is a knock off it is implied it is violating some intellectual property.

IF it is not violating a copyright, trademark, patent, personal image, etc. then there is no violation and it is not a knock off.

IF IT feels wrong, don't do it.

2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: Is this still copyright infringement?

Hello I have gotten into 3d printing/modeling and was wondering if whether what I am potentially doing is copyright violation or not. So I was 3d modeling items from my favorite nintendo games then I was going to 3d print them. So I know that if I sell the crown online that is stealing intellectual... Read more »

Tania Maria Williams
Tania Maria Williams answered on Feb 27, 2020

If you’re reproducing someone’s protected work it’s infringement. There may be a fair use defense (check out the Andy Warhol cases) but it’s a defense meaning it is raised if you are sued for that nfringement.

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1 Answer | Asked in Intellectual Property and Land Use & Zoning for Indiana on
Q: Is it illegal for a pedestrian to cross and residential property?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2019

technically yes,

why would they do that?

what is the extend of the trespass?

whether you can go after them or not depends on a number of factors.

if you think you have a problem of this nature, consult with an attorney.

cheers

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Can I be fined for using unmarked copyrighted images on a website I designed?

Ive been contacted my a third party image rights company on behalf of a photographer for copyright infringement for a couple images used on a clients website. However, there was no indication these images were copyrighted. Is it legal to charge someone a fine without warning, If there was no... Read more »

Jason Brooks
Jason Brooks answered on Jun 6, 2019

A copyright is established the moment the content is created. In order to use someone else's photograph, you must obtain consent (i.e. a license) to do so. A copyrighted image (or any other copyrighted material) does not have to have any sort of markings or other indication of copyright;... Read more »

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Internet Law for Indiana on
Q: As a 3rd-party representative, do I have any legal right to enforce copyright of the company's IP which I represent?

I am a representative for a gaming company's game. I have legal permission to use their IP and game contents and materials for my own use. However, many other entities have created illegal content using the company's IP and game materials without legal permission to gain their own profit.... Read more »

Griffin Klema
Griffin Klema answered on Jan 24, 2019

Probably not, unless your license agreement expressly allows you the right to enforce, or you are the exclusive licensee. Oftentimes the intellectual property owner retains the right to enforce or license the IP to others (non-exclusive license), though sometimes there is contractual language that... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: Can I make and use a logo that is inspired by a tattoo on a character in a movie? silent from 1925, paramount pictures
Griffin Klema
Griffin Klema answered on Jan 16, 2019

Fascinating hypothetical. The answer probably depends on a few things: Was the tattoo a reproduction of another artist's creation, or based on an existing trademark? If so, have those rights now lapsed or terminated? Was the tattoo a part of the film's original creative makeup? If so, has... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Indiana on
Q: If I make ONE tshirt with a logo that is trademarked by someone else can I be sued for copyright infringement?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 14, 2019

Yes, you could be sued for trademark infringement. You don't get a freebie trademark infringement.

1 Answer | Asked in Intellectual Property and Real Estate Law for Indiana on
Q: I am listed with my brothers on property ET AL One is now deceased

We are only three on deed of property our father resided until his passing. One brother also died 15 years prior to my father. Now my remaining brother and I want to sell property. Will we be required to give a death certificate or other documents to transfer property to new owner? And would... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 8, 2019

Assuming that you owned the property jointly with rights of survivorship with your brothers, once your first brother passed away, his interest automatically transferred to the survivors (you and your other brother). If this is the case, you can take the deceased brother's name off the property... Read more »

1 Answer | Asked in Gaming, Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: Are any game mechanics from the Yu-Gi-Oh Trading card game patented?

Would creating a digital card game with some mechanics that are similar to Yu-Gi-Oh violate some patents? Specifically, one shared mechanic is that the "field" or playing area is divided into 10 zones in 2 rows for each player, with "creature cards" placed in the front row, and... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jan 2, 2019

Well, I think that you are correct in worrying about Konami's intellectual property. As far as patents go, Konami has over 1100 patents on various gaming devices and methods. I imagine that some of them cover Yu-Gi-Oh!

I don't know which patents cover Yu-Gi-Oh!, but the patent...
Read more »

1 Answer | Asked in Intellectual Property for Indiana on
Q: I designed an education program while working for a company who uses it to train clients. No terms in place, is it mine?

I developed an educational program that my company charges clients to use. It was something I had developed both prior and during employment with the company. There was never any terms written about who owns the material. If I decided to leave the company, do I have ownership of the educational... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Dec 17, 2018

Under the facts that you describe, and absent any written provisions to the contrary, I would say that your work is a "work made fore hire" within the scope of your employment. If so, your employer owns the copyright to this work.

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on
Q: What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the

What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the bank account and the house what will the other 2 sons get or how do we go about getting something and not all go to one son because his name is also on it

Oh and... Read more »

William J Webster
William J Webster answered on Nov 10, 2018

In regards to the bank account, if your brother was on the account as a joint account holder, then the monies in the account will become his sole property.

In regards to the house, it depends how ownership of the house was titled. If your mother owned the property as tenants in common w/...
Read more »

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Anyway around a trade mark? They are out of state and in a relevant field but slightly different. Thanks for your time.

I don't guess there is anyway around it. But there is a company with a name and I would love to keep working on my start up and use their name. Mine will be bottled teas they sell lose leaf in a store. I know I can register the name with it being in a different state. So I could do okay small... Read more »

Benton R Patterson III
Benton R Patterson III answered on Nov 15, 2017

It is certainly possible to license the right to use another company's trademark or purchase it outright from them. Trademark transactions are fairly common. I recommend speaking with a trademark attorney on how to approach the other company and working out a licensing arrangement that works... Read more »

1 Answer | Asked in Intellectual Property for Indiana on
Q: If a Service Mark is already registered for a name that I want to Trademark for a product, would the TM appl be approved

I checked the USPTO for the name I wanted to trademark ("Sincerely Sweet") for a line of dolls I designed and want to sell. There is already a Service Mark "Sincerely Sweet" for a retail store selling a "variety of products" made from other companies. Would I be able... Read more »

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

The other service mark makes it more difficult for you register the same words. A trademark attorney would need to review the variety of products sold by the other mark owner to determine whether your trademark application is likely to succeed. You should speak with a trademark attorney about... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Is it possible to copyright an exercise such as a specific stretch or an activity to develop a certain muscle?

I'm writing an exercise book and want to make sure it's legal to use specific exercises that have been used in other programs. I am not copying a program but just using the exercises.

Benton R Patterson III
Benton R Patterson III answered on Aug 4, 2017

You are probably safe to use the exercises in your book. Generally, an exercise, such as a bench press or a pull up, is not protected by copyright law. Although, keep in mind that the photographs or written descriptions of exercises in other sources likely are protected by copyright.

1 Answer | Asked in Business Law and Intellectual Property for Indiana on
Q: I bought the rights, prints, parts, etc...to a parts business,is it legal for others to sell manuals online for this?

It was bankrupt years ago and has changed hands several times but I have found service manuals online and some are available in PDF version, which I believe is impeding on my rights as the business owner. I sell manuals made specifically for the machines, but why buy mine if they can purchase one... Read more »

Paul Stanko
Paul Stanko answered on Oct 27, 2016

Unless the other sources are violating your copyrights, trademarks, etc., they can probably provide their own manuals on how to service your parts.

1 Answer | Asked in Intellectual Property for Indiana on
Q: I trademarked PhysicianFit.com B4 a co. trademarked PhysicianFit. How good of an infringement case do I have, if any?

I still own the PhysicianFit.com address & the company that is using PhysicianFit wants to get this domain. The link to their website is:

http://www.hiringinhealthcare.com/healthcare-assessments/physicianfit-in...

Jason Daniel Stone
Jason Daniel Stone answered on Aug 2, 2012

Did you trademark the domain name or did you register the domain name, there is a large difference as far as your legal remedies go. I suggest you speak with a local intellectual property attorney to discuss this matter.

1 Answer | Asked in Intellectual Property for Indiana on
Q: Are there any organizations in Indiana that can assist in developing and marketing my invention?
Paul Overhauser
Paul Overhauser answered on Mar 23, 2011

Two good groups are the Venture Club of Indiana, www.ventureclub.org; and the Hackers and Founders, www.meetup.com/Hackers-and-Founders-Indianapolis

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317-891-1500

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