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Indiana Intellectual Property Questions & Answers
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

1 Answer | Asked in Intellectual Property for Indiana on
Q: Should I use an attorney to get a trademark?
Paul Overhauser
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
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
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
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).... 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
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... Read more »

1 Answer | Asked in Intellectual Property for Indiana on
Q: Is the "right of publicity" valid in all 50 states?
Paul Overhauser
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
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,... Read more »

1 Answer | Asked in Intellectual Property for Indiana on
Q: It is possible for a small business protect a original clothing line from copycat?
Paul Overhauser
Paul Overhauser answered on Mar 17, 2011

Yes it is. Clothing designs can be protected by copyrights, patents (usually design patents) and by trademarks. There is also new federal legislation under consideration to provide a stronger form of protection for clothing designs, but at the moment, it does not look like it will be passed soon.... Read more »

1 Answer | Asked in Intellectual Property for Indiana on
Q: How do I find case results for patent infringement cases in Virginia?
Paul Overhauser
Paul Overhauser answered on Mar 17, 2011

Try going here: http://dockets.justia.com/ Select Virgina for the jurisdiction and patent (under intellectual property) for the case "Type." This will show you patent cases that have been filed. Then get a PACER account, and look at the docket reports for various cases.

Paul...
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1 Answer | Asked in Intellectual Property for Indiana on
Q: Shouldn't the United States Postal Service be able to sue the Faternal Order of Eagles for copyright infringment?
Paul Overhauser
Paul Overhauser answered on Mar 17, 2011

I don't think so. I am not aware of any specific eagle logo of the FOE that they have registered and that the USPS has copied.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

1 Answer | Asked in Intellectual Property for Indiana on
Q: Is it a violation of appropriation of name if i publish a book using a pen name the same as a celebrities true name?

I would think it is, but then again no matter what your pen name is someone with the same name exists, and pen names are very commonly used. My follow up question would be a misspelling of the celebrities name; for example his name is John Doe, could the famous actor John take civil actions against... Read more »

Paul Overhauser
Paul Overhauser answered on Mar 17, 2011

Yes, you would have potential liability if your book was published under circumstances that led consumers to believe that it came from a celebrity, rather than yourself. This would include misstating the name of a celebrity. If you changed your name to be the same as the celebrity, there could... Read more »

3 Answers | Asked in Intellectual Property for Indiana on
Q: How can I protect a new recipe I have come up with for barbeque sauce? It is really good.
Paul Overhauser
Paul Overhauser answered on Mar 17, 2011

The best way to protect a recipe would, in theory, be through a patent. However, this could be difficult for two reasons. First, "non-obviousness" is required for a patent, and the Patent Office may consider your ingredients to be "obvious," and hence unpatentable. Second, in... Read more »

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1 Answer | Asked in Intellectual Property for Indiana on
Q: Can I copyright the name of my band?
Paul Overhauser
Paul Overhauser answered on Mar 17, 2011

A band name is not copyrightable, but it can be protected by trademark law. You may be ablet to obtain a State or Federal trademark registration on the name, and, a logo for the band's name, if you have one.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

1 Answer | Asked in Intellectual Property for Indiana on
Q: Is it possible to file a trademark request without an attorney?
Paul Overhauser
Paul Overhauser answered on Mar 17, 2011

Yes, you can, by going to uspto.gov. However, unless you are familiar with the regulations of the Trademark Office, your application may be rejected.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

1 Answer | Asked in Intellectual Property for Indiana on
Q: Our free paper wants to use lyrics of songs in an article--is there a fixed number of words to quote copyright free?
Paul Overhauser
Paul Overhauser answered on Mar 17, 2011

First consider whether the lyrics may be in the public domain, for example, if the song is over 75 years old. Assuming the song is protected by copyright, unfortunately, there is no "objective test" for how many words you can quote. In general, reproducing a copyrighted work for purposes... Read more »

1 Answer | Asked in Intellectual Property for Indiana on
Q: I saw an innovatiive machine at a trade show in Germany, and there is nothing like it in the US. Can I get a US patent?
Paul Overhauser
Paul Overhauser answered on Mar 16, 2011

No, you would not be able to obtain a US patent on the same machine, because in the US, a patent can only be issued to the "inventor," and you are not the inventor. However, most patents are not for entire machines, but only improvements to things others have done in the past. If you make... Read more »

1 Answer | Asked in Intellectual Property for Indiana on
Q: Can I register a copyright to a diary I found in my grandmother's attic?
Paul Overhauser
Paul Overhauser answered on Mar 16, 2011

Only a "claimant" to a copyright can register it. You are not the "author" so you cannot claim ownership through authorship. However, assuming your grandmother is dead, and your are her sole heir, you may be the copyright owner under the laws where your grandmother died. If this... Read more »

1 Answer | Asked in Intellectual Property for Indiana on
Q: Can I copyright my website?
Paul Overhauser
Paul Overhauser answered on Mar 16, 2011

Assuming you created the website yourself, yes, you can copyright a website by using Copyright application form TX or by filing on-line. However, most business websites are created by website development companies. Unless they assign the copyrights in the website to you, they own it not you. Also,... Read more »

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