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Indiana Intellectual Property Questions & Answers

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. Not only... Read more »

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 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 the... 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 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 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 with... 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 other cards placed... Read more »

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 numbers...
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 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 the... Read more »

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 scale... Read more »

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 for... 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 to trademark "Sincerely Sweet"... Read more »

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 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 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 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 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

1 Answer | Asked in Intellectual Property for Indiana on

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

Paul Overhauser answered on Mar 23, 2011

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... Read more »

1 Answer | Asked in Intellectual Property for Indiana on

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

Paul Overhauser answered on Mar 23, 2011

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...
Read more »

1 Answer | Asked in Intellectual Property for Indiana on

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

Paul Overhauser answered on Mar 23, 2011

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... Read more »

1 Answer | Asked in Intellectual Property for Indiana on

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

Paul Overhauser answered on Mar 22, 2011

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... Read more »

1 Answer | Asked in Intellectual Property for Indiana on

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

Paul Overhauser answered on Mar 22, 2011

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... Read more »

1 Answer | Asked in Intellectual Property for Indiana on

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

Paul Overhauser answered on Mar 21, 2011

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:... Read more »

1 Answer | Asked in Intellectual Property for Indiana on

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

Paul Overhauser answered on Mar 21, 2011

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... Read more »

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