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Intellectual Property Questions & Answers
1 Answer | Asked in Trademark and Intellectual Property for Vermont on
Q: How do I relinquish this trademark?

I would like to relinquish a trademark.

James L. Arrasmith
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answered on Apr 21, 2024

To relinquish a trademark, you need to follow these steps:

1. Determine if you want to fully abandon the trademark or assign it to another party.

2. If abandoning the trademark:

a. Stop using the trademark in commerce entirely.

b. File a "Voluntary Surrender of...
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1 Answer | Asked in Copyright, Gaming, Patents (Intellectual Property) and Intellectual Property on
Q: When will Japan's famous Nintendo characters enter public domain?

This list includes characters from the Super Mario series like Mario himself, The Legend of Zelda series characters with Link, Animal Crossing series characters with Isabelle, Splatoon series characters with Inkling Girl, Pikmin, the Kirby series with Kirby himself and last but not least. The Fire... View More

James L. Arrasmith
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answered on Apr 20, 2024

Understanding when Nintendo's famous characters and technologies will enter the public domain involves a look into copyright and patent laws, which vary significantly by jurisdiction. Generally, copyright in many countries, including the United States, lasts for the life of the author plus an... View More

2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Can I trademark my company name/likeness?

Hi, I'm the founder of Skuza Asset Management LLC and I'm doing business as Natural Orange. Can I trademark these names?

James L. Arrasmith
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answered on Apr 21, 2024

Yes, you can potentially trademark both your company name "Skuza Asset Management LLC" and the name you are doing business as, "Natural Orange." Here's what you need to consider:

1. Trademark for your company name:

- Your company name can be trademarked if...
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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: I have several issued copyrights on the topic of Autonomous taxi ride services, coupons, discounts and promo codes etc

Would these companies have to get permission from me before offering these promotions and advertising and marketing materials to the general public?

Especially if they use the word autonomous, Robotaxi, or self driving ride service in there promotion of a near futuristics service.... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information you've provided, it's difficult to say definitively whether these companies would need to obtain permission from you before offering promotions and advertising materials related to autonomous ride services. The answer depends on several factors:

1. The...
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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I make memes and I get clips from other creators.Creators I get clips from don't have a way to contact them.

Can I be sued for this.

James L. Arrasmith
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answered on Apr 18, 2024

The legality of using clips from other creators in your memes without their permission depends on the specific circumstances and whether your use falls under "fair use." Fair use is a legal doctrine that allows limited use of copyrighted material without permission from the rights holders... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Kentucky on
Q: Do trademark prevent people from mentioning their brand at all in a story?

For example

If someone wrote a story, would he be in trouble if he wrote

Lorraine cherish her chevrolet silverado she got from her late father. As well as her Gameboy from her departed sister. The old xbox, which was a trade for a psp, she got from her cousin no longer works but... View More

James L. Arrasmith
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answered on Apr 18, 2024

In general, simply mentioning trademarked brands in a story would not be considered a violation of trademark law. Trademarks are designed to protect brands from being used by others in a way that could confuse consumers about the source of a product or service. However, when a trademarked name is... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Copyright Law - Did I break the law and have to pay for it?

During the contract period with the architect I hired, I captured a portion of the floor plan she designed in a photograph. I then created three different options by placing multiple squares over some spaces in the photo, each in different positions, and posted a question on a community website... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information provided, it's difficult to determine with certainty whether your actions constituted copyright infringement. However, there are a few key points to consider:

1. Copyright ownership: Generally, the creator of an original work, such as an architectural design,...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: I would like to know if I am able to use the TOP GUN trade mark logo as a sticker on my car.Thank you.Maria E.
James L. Arrasmith
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answered on Apr 16, 2024

Dear Maria,

Thank you for your question about using the TOP GUN trademark logo as a sticker on your car.

In general, it is not permissible to use a registered trademark, like the TOP GUN logo, without explicit permission from the trademark owner. Trademarks are protected...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: I have a couple of question regarding patent law on a clinical lab testing assay.

There is a current technology that has a patent that will be expiring soon. I have an assay that was some basis on the technology in the expiring patent and have changed the assay significantly enough that it is different from the original but encompasses the technology. What are the cost... View More

Alan Harrison
Alan Harrison
answered on Apr 16, 2024

Cost for a patent application varies and most practitioners do not discuss pricing publicly. You get different quality of work depending how much you're willing to pay, but other factors also affect the pricing - size of firm, overhead, what other clients are willing to pay, etc.

A...
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1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Hi, we are a gift basket business in Florida. What are the laws about having items in a basket that are trademarked?

for example, If we put a book in a kids box is that allowed? What about things like legos or disney or another "known" company product in the basket if we are not claiming it as our own or that we made it?

James L. Arrasmith
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answered on Apr 16, 2024

When it comes to including trademarked items in gift baskets, the key considerations are the principles of trademark law and the "first sale doctrine." Here's what you need to know:

1. First Sale Doctrine: Under U.S. copyright and trademark law, the "first sale...
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1 Answer | Asked in Copyright, Gaming, Trademark and Intellectual Property on
Q: Can I use "It's Dangerous to go alone! Nimm das!" in an image for my fiverr gig
James L. Arrasmith
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answered on Apr 16, 2024

It's best to be cautious about using that exact phrase in an image for your Fiverr gig. "It's dangerous to go alone! Take this!" is an iconic line from the 1986 Nintendo game The Legend of Zelda. Nintendo owns the copyright on the game's text.

Using a direct quote,...
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1 Answer | Asked in Business Law and Intellectual Property on
Q: My drop shipping store was sued for selling a patent product. How do i deal with this? I was unaware of the patent

Its a drop shipping company and i used a third party company to do my listing. I was so unaware. I didn't make a sale on the item an i had since removed the listing. I live in Jamaica and this is in the US.

How do i deal with this?

James L. Arrasmith
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answered on Apr 16, 2024

Facing a lawsuit for unknowingly selling a patented product can be overwhelming, especially when international boundaries are involved. First, it's important for you to consult with an attorney who has experience in intellectual property law within the U.S., as they will understand the... View More

1 Answer | Asked in Trademark and Intellectual Property on
Q: Is it possible to use a word for which only a trademark application is issued or not? (630 - New Application)

Hi, I would like to ask about trademark registrations. for example, this is the registration of the word "Minecraft" . We see there "Status - 700 - Registered" (https://trademarks.justia.com/791/45/minecraft-79145431.html)

But for another word there is only "630 -... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on U.S. trademark law, simply filing a trademark application does not grant the applicant the right to use the trademark or enforce it against others. The "630 - New Application" status indicates that the application has been submitted, but it has not been assigned to an examiner... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Nebraska on
Q: If I have a food truck named turtle power pizza Can I have a mural of the ninja turtles on it?
James L. Arrasmith
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answered on Apr 15, 2024

It's great that you want to decorate your food truck with art that ties into the name! However, directly using characters like the Ninja Turtles could potentially infringe on copyrights and trademarks owned by Viacom, the company behind the Teenage Mutant Ninja Turtles franchise.... View More

1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Copy right issue after business buy out

Hello, I had prior business buy out due to conflict settlement. The person is still having my profile pics as being its owner. How can I file a case and what’s the outcome.

James L. Arrasmith
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answered on Apr 15, 2024

In a situation where your former business partner continues to use your profile pictures without permission after a business buyout, you may have grounds for a legal case based on copyright infringement and potentially misappropriation of likeness. Here's what you can consider:

1....
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1 Answer | Asked in Copyright and Intellectual Property for Arkansas on
Q: Can 1950 copyrighted syndicated comics that were not re-registered get their copyrighted status back?

I inherited the original galleys of the comics that were copyrighted as a work for hire from the syndicate I also inherited. I have an exclusive licensing contract agreement with a company, who has requested that I update the copyrights to protect them from being used for commercial, and not... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it sounds like you have inherited the original physical materials (galleys) of comics that were created as works-for-hire and initially copyrighted by the syndicate you also inherited in 1950. The key considerations are:

1. Pre-1978 works had an initial...
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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: What kind of open-source license is necessary for software?

I have created a Google and Excel based, online tool, to create digital dashboard based on FEMA emergency management principles. I want to ensure I retain ownership of this tool, allow it to remain openly accessible, and restrict anyone else from trying to privatize or monetize my tool. How can I... View More

James L. Arrasmith
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answered on Apr 13, 2024

To achieve your goals of retaining ownership, keeping the tool openly accessible, and preventing others from privatizing or monetizing your work, you should consider using a copyleft open-source license. Copyleft licenses allow others to use, modify, and distribute the software, but they must... View More

1 Answer | Asked in Copyright, Civil Rights, Business Law and Intellectual Property for Kentucky on
Q: Is my news youtube channel considered commercial? Can I use material gained from open records requests? And Monitize?

It's very hard to tell if I can even do this. I see a lot of body cam channels, obviously expanding and reporting on the situation. This would come with monitization and it wouldn't be just the video, I would create a more transformative video. I would like to do something similar in KY... View More

James L. Arrasmith
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answered on Apr 12, 2024

Whether your YouTube channel is considered commercial and whether you can monetize it depends on several factors. Here are a few key considerations:

1. Purpose of the channel: If your primary goal is to generate income from the channel, it may be considered commercial. However, if your...
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1 Answer | Asked in Business Formation, Trademark and Intellectual Property for California on
Q: If I am using Dali Llama Yoga for a business name, would there be an issue or conflict with the person Dalai Lama?
James L. Arrasmith
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answered on Apr 12, 2024

There could potentially be some issues with using "Dali Llama Yoga" as a business name in California. While the spelling is slightly different, the name is very similar to the Dalai Lama, the religious leader of Tibetan Buddhism. This similarity could lead to a few potential legal... View More

2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I trademark Together We Can since the previos trademark has been abandoned
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 12, 2024

When considering trademarking "Together We Can," it's crucial to conduct thorough research to ensure the name is available and eligible for trademark protection.

Start by searching the United States Patent and Trademark Office (USPTO) database to confirm that the previous...
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