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Indiana Intellectual Property Questions & Answers
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... View 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: 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).... View 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,... View 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.... View 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: 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... View 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... View 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... View More

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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... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: Can district court prosecute you for a counterfeit trademark offense?
Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

Yes, a Federal Attonrey can prosecute you for a counterfeit trademark offense per 9 USC 1715: In order to show that a trademark used by the defendant was a "counterfeit mark" the government must prove the following: The mark is spurious. 18 U.S.C. § 2320(d)(1)(a). A mark is... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: If I were to start small party business selling replica purses that had the tradmark of real brand . Would I go to jail?

I am not sure about this but have heard all sorts of rumors. I am looking into starting a party business going to others homes and having a party where I sell purses, etc. Some of the purses about 20 will be replicas (knock offs) and would have the trademark of name brand the other 40 purses of my... View More

Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

Criminal penalties are applicable in severe trademark infringement cases involving counterfeiting of products. Counterfeiting is considered to be an extreme form of trademark infrigmement since the infringer knowingly takes advantage of the trademark, brandname, and goodwill of a firm to... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: Do I have any commercial rights over my own photographs?
Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

It depends on what you mean by your "own" photographs. If these are photos you took, yes, you probably own copyrights to them. If someone else took picture of you, they would own the rights to them. However, you may also have a "right of publicity," which would give you the... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: I got a state trademark registration in Michigan,

But now a similar business is using the same name for a store across the border in Indiana. Do I have any rights?

Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

If there is actual or likely confusion caused by the similar name, you probably have rights that can be enforced. Both state law and the Federal Lanham Act allow claims for infringement of trademarks, even if there is no state or federal trademark registration. You should consult a trademark... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: Does anyone have information about settlement status w/Third World Media LLC plaintiff for copyright violation issues?
Paul Overhauser
Paul Overhauser
answered on Mar 16, 2011

Third World has filed 5 cases. The first two are concluded, and the last three are still pending: 1 Third World Media, LLC (cd) cacdce 2:2009-cv-01603 820 03/06/2009 10/28/2009 2 Third World Media, LLC (pla) cacdce 2:2009-cv-01603 820 03/06/2009 10/28/2009 3 Third World Media, LLC (pla) cacdce... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: DO I NEED A TRADEMARK LAWYER?
Paul Overhauser
Paul Overhauser
answered on Mar 15, 2011

There is no requirement that you hire a trademark lawyer. However, some reasons you might want to hire one are: (a) to ensure that a trademark is what you really need (many people confuse a trademark with a copyright or patent); (b) to conduct a search to ensure your mark is not infringing someone... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: I invented and had a prototype working for 2 years i called a company and they stole my invention. Do i have any rights
Paul Overhauser
Paul Overhauser
answered on Mar 15, 2011

It depends on several factors, such as whether you filed for a patent, whether it may still be possible for you to do so, and whether the company you called agreed to keep the invention confidential. There may also be other relevant facts. You should contact an intellectual property attorney to... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: If I file for a patent or copyright, will the information in my applications become available on Google?
Paul Overhauser
Paul Overhauser
answered on Jan 21, 2011

For the patent application, unless the application is abandoned within 18 months, or unless it was filed with a Non-publication Request (which would limit your ability to file for foreign patents) your application will be published. Similarly, unless you with withdraw your copyright application,... View More

2 Answers | 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 Jan 16, 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... View More

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2 Answers | 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 Jan 16, 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...
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2 Answers | Asked in Intellectual Property for Indiana on
Q: Should I use an attorney to get a trademark?
Paul Overhauser
Paul Overhauser
answered on Jan 16, 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... View More

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