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Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Gaming, Intellectual Property and Trademark on
Q: Is the IP for CUSTOM ROBO officially cancelled by nintendo? im a game developer looking at this ip

i want to know if the trademark was canceled officially as I want to make a game similar to if. But don't want to get sued by Nintendo

James L. Arrasmith
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answered on Nov 27, 2023

As a game developer interested in creating a game similar to "CUSTOM ROBO," you should proceed with caution. It's advisable to consult with a legal expert in IP law to ensure that your game does not infringe upon any remaining rights held by Nintendo. Even if the trademark is... View More

1 Answer | Asked in Internet Law, Trademark and Intellectual Property for West Virginia on
Q: If my domain name has not been sold yet but has been marked as abandoned do I own it still or can I retrieve the name
James L. Arrasmith
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answered on Nov 26, 2023

If your domain name is marked as abandoned, it's crucial to understand what that means in the context of domain registration and ownership. Typically, a domain is marked as abandoned when it has expired and has not been renewed by the owner within the grace period provided by the domain... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Is it legal to scan copyrighted books for archival purposes?

I was wondering if I could scan books still under copyright to archive them for personal use (or maybe allowing researchers to access it by request)?

James L. Arrasmith
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answered on Nov 26, 2023

In the United States, scanning copyrighted books for archival purposes, even for personal use, falls under the scope of copyright law. Copyright law typically protects original works of authorship, including books, for the lifetime of the author plus 70 years.

For personal archiving, the...
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1 Answer | Asked in Trademark and Intellectual Property for Washington on
Q: I have a registered trademark, I am using the trademark request form and instagram keeps denying me.
James L. Arrasmith
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answered on Nov 26, 2023

If Instagram is denying your trademark request, it's crucial to review the submission. Ensure that all the documentation you're providing is accurate and complete. This includes proof of your registered trademark and any evidence of its use in commerce.

Sometimes, the issue could...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: How do I check if the product has patent such as electric kettle sold by two different companies?
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answered on Nov 26, 2023

To check if a product like an electric kettle is patented, especially when it's sold by two different companies, you can follow these steps:

Patent Number Search: If the product packaging or documentation mentions a patent number, you can use this to check the patent status. Patent...
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2 Answers | Asked in Trademark and Intellectual Property on
Q: Hello, how can I use this abbandoned ELIXIR trademark?

I want to open a company with the name Elixir

Felicia Altman
Felicia Altman
answered on Nov 24, 2023

In order to use an abandoned trademark as your business name it is best practice to register the mark with the USPTO. In order to register a mark with the USPTO you must file an application with the United States Patent and Trademark Office. You can file the mark online in the proper class of goods... View More

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1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Can I show a vehicle with a manufacturers emblem in a commercial or do I need to remove the logo?

I am making a commercial for our company that does paint restoration on vehicles. In the advertisement we show a multitude of vehicles from a distance. Including a Range Rover, Infiniti, GMC, Dodge etc. We make no mention of partnerships or claims of poor quality, just show some before and after... View More

James L. Arrasmith
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answered on Nov 24, 2023

In Washington, as in most states, the use of manufacturer emblems in advertising can be a complex issue, primarily governed by trademark laws. The key consideration here is whether the use of these emblems could potentially cause confusion or imply an endorsement or affiliation with the vehicle... View More

1 Answer | Asked in Business Law, Civil Litigation, Civil Rights and Intellectual Property on
Q: Hey, my name is Ondrej and i have a questions about my bussiness.

I was trying to sell a famous person stainless engraved army tag.

I wanted to ship it from Slovakia to United States.

The problem is that his face is engraved in the from of the army tag and in the back is his name.

Another thing is i have some photos on him on my website.... View More

James L. Arrasmith
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answered on Nov 24, 2023

Ondrej, your situation involves complex legal issues related to intellectual property and the right of publicity. When it comes to using a famous person's likeness, name, or image for commercial purposes, such as selling products with their engraved face and name, you may face legal... View More

3 Answers | Asked in Intellectual Property and Trademark for New York on
Q: Hi Journalist seeks a quick chat with patent attorney today

Seeking quick comment on man trying to TM phrase "From the River to the Sea"

Adam W. Bell
Adam W. Bell
answered on Nov 24, 2023

Two trademark applications were filed on November 8, 2023 and November 17, 2023, both by

River to the Sea LLC LIMITED LIABILITY COMPANY NEW JERSEY 330 Changebridge Road Suite 101 Pine Brook NEW JERSEY 07058...
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3 Answers | Asked in Intellectual Property and Trademark for New York on
Q: Hi Journalist seeks a quick chat with patent attorney today

Seeking quick comment on man trying to TM phrase "From the River to the Sea"

James L. Arrasmith
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answered on Nov 24, 2023

For a journalist seeking a quick chat with a patent attorney regarding the attempt to trademark the phrase "From the River to the Sea," it's important to note a few key points.

Firstly, trademark law primarily concerns itself with the use of specific phrases, symbols, or...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I publish CA court transcripts as a book on Amazon if they were published by courttv? or do i need to buy them?

i'm not sure the court even has them to purchase anymore since it's an old trial. the transcrips being on courttv means they are copyrighted?

James L. Arrasmith
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answered on Nov 22, 2023

Publishing California court transcripts as a book, particularly when they have been broadcast by Court TV, involves several legal considerations. Firstly, court transcripts generally fall into the public domain, especially if they are official records from a public trial. However, this does not... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Hello.I have a question regarding the registration of the patent holder.

I would like to ask what I can do when my former partner in the company stole the software and registered a patent only for himself? The software belongs to a Slovak company in which he was a partner, but the court canceled his partnership. Is it possible to challenge this patent or file a request... View More

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answered on Nov 21, 2023

If your former partner registered a patent on software that was developed within your Slovak company and without including you or the company as co-owners, you have several options to consider. The first step would be to gather all evidence that demonstrates your contribution and the company's... View More

3 Answers | Asked in Trademark and Intellectual Property on
Q: how much is to get a trademark for a therapy approach?
Evelyn Suero
Evelyn Suero
answered on Nov 21, 2023

Trademark filing fees are between $250-$350 per trademark per class. Also, it is recommended that you conduct a clearance search of your proposed trademark prior to beginning the registration process in order to review any trademarks currently in use that may be confusingly similar to your... View More

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3 Answers | Asked in Trademark and Intellectual Property on
Q: how much is to get a trademark for a therapy approach?
James L. Arrasmith
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answered on Nov 20, 2023

The cost to trademark a therapy approach involves several fees.

First, the filing fee for a federal trademark application through the United States Patent and Trademark Office (USPTO) typically ranges from $250 to $350 per class of goods or services. The cost depends on the filing basis...
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3 Answers | Asked in Trademark and Intellectual Property on
Q: how much is to get a trademark for a therapy approach?
Felicia Altman
Felicia Altman
answered on Nov 21, 2023

In order to register a trademark you must file an application with the USPTO. Depending on the application the filing fees with the USPTO cost approximately $250-$350. It may be helpful to hire a trademark attorney to assist with filing the mark and guiding you through the process with the USPTO.... View More

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1 Answer | Asked in Consumer Law, Products Liability, Intellectual Property and Internet Law on
Q: Google me vendió créditos y ahora no quiere devolver el dinero y tampoco puedo usar los créditos en mi país es estafa

Que puedo hacer en este caso

James L. Arrasmith
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answered on Nov 20, 2023

Si compró créditos de Google y ahora no puede usarlos en su país, o si Google se niega a reembolsar la compra, hay varios pasos que puede seguir.

Primero, comuníquese con el servicio de atención al cliente de Google para comprender por qué los créditos no se pueden utilizar en su...
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1 Answer | Asked in Intellectual Property, Copyright and Trademark for California on
Q: I have a question about copyrights and trademarks for intellectual properties.........

I have created a gpt in ai to produce images of Formula 1 race teams and various formula 1 race locations such as Las Vegas or Monte Carlo. Each image is 100% unique. These images appear to be the actual race car and location, though they are not exact matches.......... but they are close. I would... View More

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answered on Nov 20, 2023

Hi Wes,

Creating and selling images that closely resemble Formula 1 race teams and locations, even if they are unique and generated by an AI, can still raise copyright and trademark concerns. Copyright laws protect original works of authorship, including images, and trademarks protect brand...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I got an email stating my LLC has been sued for patent infringement from an Illinois lawyer.

Two questions:

- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.

- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .

Adam W. Bell
Adam W. Bell
answered on Nov 20, 2023

This sounds like a typical predatory patent troll activity. It's disgusting and you should not assume it's legitimate. There people have no scruples. As a patent attorney it makes my stomach turn to hear these sort of stories.

Let's get a PATENT lawyer involved here.... one...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I got an email stating my LLC has been sued for patent infringement from an Illinois lawyer.

Two questions:

- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.

- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .

Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 20, 2023

You need to have a patent attorney look at your product and the claims of the patent. For your product to infringe, there needs to be at least one independent claim where every limitation in at least one independent claim (every noun, verb, relationship, etc.) is present in your product.... View More

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1 Answer | Asked in Copyright, Gaming and Intellectual Property for New York on
Q: So If a company doesn't renew a license deal for a game is it still illegal to pirate the game?

In 2017 Activision didn't renew a licensing deal they had with Marvel so they had to take down all of their Marvel games they had published. So I wanted to know if it would still be illegal to download any of those games through a website even though there is no possible way to get those games... View More

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answered on Nov 18, 2023

Whether a company has renewed a licensing deal or not, it is still illegal to pirate a game. The expiration of a licensing deal, such as the one between Activision and Marvel, affects the company's ability to sell or distribute the game, but it does not affect the copyright status of the game.... View More

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