Indiana Intellectual Property Questions & Answers

Q: As a 3rd-party representative, do I have any legal right to enforce copyright of the company's IP which I represent?

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Internet Law for Indiana on
Answered on Jan 24, 2019
Griffin Klema's answer
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 allows a non-exclusive licensee to take certain enforcement action or give the licensee certain benefits for the owner's lack of enforcement. For example, sometimes a license agreement may allow the...

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

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Answered on Jan 16, 2019
Griffin Klema's answer
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 the studio's rights in the art lapsed or become abandoned? How different is your logo from the original source tattoo?

So, if you really need to know the answer because a new business venture depends...

Q: If I make ONE tshirt with a logo that is trademarked by someone else can I be sued for copyright infringement?

1 Answer | Asked in Intellectual Property and Trademark for Indiana on
Answered on Jan 14, 2019
Alexander Florian Steciuch's answer
Yes, you could be sued for trademark infringement. You don't get a freebie trademark infringement.

Q: I am listed with my brothers on property ET AL One is now deceased

1 Answer | Asked in Intellectual Property and Real Estate Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
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 with a survivorship affidavit and record it with the county. A survivorship affidavit usually requires a death certificate to be recorded.

Q: Are any game mechanics from the Yu-Gi-Oh Trading card game patented?

1 Answer | Asked in Gaming, Intellectual Property and Patents (Intellectual Property) for Indiana on
Answered on Jan 2, 2019
Peter D. Mlynek's answer
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 numbers should be printed on the game or its container. If you do not see them there (they should be there), look at their website.

Aside from patents, you should also consider their trademarks (I...

Q: I designed an education program while working for a company who uses it to train clients. No terms in place, is it mine?

1 Answer | Asked in Intellectual Property for Indiana on
Answered on Dec 17, 2018
Andrew Zulieve Esq's answer
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.

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

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on
Answered on Nov 10, 2018
William J Webster's answer
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/ your brother, then 50% of the house will become part of the your mother's estate. If title was held as joint tenants with rights of survivorship, then the house will also become the sole property of...

Q: Anyway around a trade mark? They are out of state and in a relevant field but slightly different. Thanks for your time.

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Answered on Nov 15, 2017
Benton R Patterson III's answer
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 for your business.

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

1 Answer | Asked in Intellectual Property for Indiana on
Answered on Oct 27, 2017
Benton R Patterson III's answer
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 your potential application.

Q: Is it possible to copyright an exercise such as a specific stretch or an activity to develop a certain muscle?

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Answered on Aug 4, 2017
Benton R Patterson III's answer
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.

Q: I bought the rights, prints, parts, etc...to a parts business,is it legal for others to sell manuals online for this?

1 Answer | Asked in Business Law and Intellectual Property for Indiana on
Answered on Oct 27, 2016
Paul Stanko's answer
Unless the other sources are violating your copyrights, trademarks, etc., they can probably provide their own manuals on how to service your parts.

Q: I trademarked PhysicianFit.com B4 a co. trademarked PhysicianFit. How good of an infringement case do I have, if any?

1 Answer | Asked in Intellectual Property for Indiana on
Answered on Aug 2, 2012
Jason Daniel Stone's answer
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.

Q: Are there any organizations in Indiana that can assist in developing and marketing my invention?

1 Answer | Asked in Intellectual Property for Indiana on
Answered on Mar 23, 2011
Paul Overhauser's answer
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

Q: Should I use an attorney to get a trademark?

1 Answer | Asked in Intellectual Property for Indiana on
Answered on Mar 23, 2011
Paul Overhauser's answer
You are not required to hire an attorney, but if you decide to prepare and submit your own application, you must comply with all requirements of the trademark statutes and rules and may be required to respond to legal issues raised by the the Trademark Office. Because the application process can be complex, many applicants hire an attorney to represent them. Your local Bar Association website may offer a referral service to help you find local attorneys who practice trademark law.

Paul...

Q: If I apply for a trademark but they refuse, do I get a refund of the application fee?

1 Answer | Asked in Intellectual Property for Indiana on
Answered on Mar 23, 2011
Paul Overhauser's answer
Sorry, trademark offices (Federal or State) do not offer refunds, as registration is not guaranteed. The office will will conduct a search and will refuse to register your mark if there is another registered mark or pending mark similar to yours for related goods/services.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

Q: Do I have to incorporate or get an LLC to file for a trademark?

1 Answer | Asked in Intellectual Property for Indiana on
Answered on Mar 23, 2011
Paul Overhauser's answer
No you do not need to be a corporation or LLC. You just need to be the owner of the trademark to file an application for registration. The owner controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used. The owner may be an individual, corporation, partnership, LLC, or other type of legal entity.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

Q: I've designed a new logo for my company. Should it be trademarked or copyrighted?

1 Answer | Asked in Intellectual Property for Indiana on
Answered on Mar 22, 2011
Paul Overhauser's answer
You may be able to do both, if the logo contains sufficient creative content. Trademark protection would protect against someone else using a confusingly similar logo in thier business, even if they did not "copy" your logo (e.g., they coincidentally designed a logo that is similar). Copyright protection would protect against someone copying your logo, even if they do not use it as a trademark to sell a good or service.

Paul...

Q: Can I make and sell model cars that are based on a famous Indianapolis 500 car?

1 Answer | Asked in Intellectual Property for Indiana on
Answered on Mar 22, 2011
Paul Overhauser's answer
This would be risky if you did not have the permission of the car designer and/or driver. The care could be covered by a design patent. Also, there is a somewhat famous case in which someone who did exactly what you propose was found to have violated the "right of publicity" of the driver. In Motschenbacher v. R.J. Reynolds Tobacco Co., 498 F.2d 821 (9th Cir. 1974), the court found that infringement had occured because the design of the race car was so famous, that it was associated with the...

Q: Is the "right of publicity" valid in all 50 states?

1 Answer | Asked in Intellectual Property for Indiana on
Answered on Mar 21, 2011
Paul Overhauser's answer
No, the "right of publicity" varies considerably from State to state, so check with an attorney in your state. Indiana is viewed as having the most favorabel "right of publicty" statute anywhere in the country, as discussed here: http://www.iniplaw.org/2010/12/horror-pops-lead-singer-patric.html

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

Q: One of my employees designed a great logo for my business. Am I safe to use it without paying them extra for it?

1 Answer | Asked in Intellectual Property for Indiana on
Answered on Mar 21, 2011
Paul Overhauser's answer
Good question. If the logo is copyrightable, and making the logo was not within the scope of the employee's job, then the employee may own the copyright to the logo, meaning it could not be reproduced without infringing his or her copyright. However, the circumstances are highly fact specific, so you should consult with a copyright / trademark / intellectual property attorney for a more precise answer.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

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