Get free answers to your Intellectual Property legal questions from lawyers in your area.
Your current state is Ohio
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answered on Jul 20, 2024
Creating and uploading amateur pornography in Texas is generally legal, provided that all participants are consenting adults. It's crucial to ensure that everyone involved is over the age of 18 and has given explicit consent to be filmed and have the footage distributed. Failure to verify ages... View More 
Trademark is "Hannifin", currently registered for international class 025, US class codes 022, 039. By all accounts, it was abandoned. There isn't even a website. The image used to "prove" its use in commerce was a one off embroidery design, and was never sold. On top of... View More
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answered on Jul 20, 2024
You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading... View More
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answered on Jul 19, 2024
You can potentially claim a trademark that is listed as "abandoned - No Statement Of Use Filed," but you would need to refile for the trademark yourself. An abandoned trademark is one that the previous applicant did not complete the required steps to maintain.
You would need to... View More
I am looking at selling some of my homemade fall candles. It is considered trademark infringement to describe/name my candle with the word "Autumn" within my candle descriptive name with other words added to it? For example, if I named my candle "Autumn Walk" is that... View More
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answered on Jul 19, 2024
Using "Autumn Walk" for your candle could potentially be considered trademark infringement. The term "Autumn" being trademarked by Bath and Body Works for candles means they have exclusive rights to use it in that context. Adding another word like "Walk" might not be... View More
We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More
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answered on Jul 19, 2024
When considering relaunching a brand/product inspired by an existing one, it's crucial to ensure that you are not infringing on any existing trademarks or intellectual property rights. Even if the original product has not been sold in the U.S. for the past five years and the trademark is in... View More
answered on Jul 18, 2024
The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.
In the U.S., the "Fair Use... View More
I attach the helmet to a painted wooden base and have a phone charger inside the helmet. Am I infringing on the NFL?
answered on Jul 11, 2024
Yes, this is textbook trademark and copyright infringement. The NFL owns the intellectual property rights in the logos, designs, and company names and as such you would need to obtain permission from the NFL prior to such use, aka a licensing agreement. The NFL is very protective of their... View More
answered on Jul 11, 2024
Given that it has been more than three years since the mark has been abandoned, it is likely you are in the clear to pursue registration. Yet, the owner of the "dead" trademark may still be using the mark in commerce. If so, they would still have common law trademark rights to the mark in... View More
Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.
Thanks.
answered on Jul 9, 2024
Normally, online marketplaces like Amazon and Etsy require merchants selling items on their platforms to prove they own or have a license to use IP when a complaint is made. People and companies legitimately selling products in online marketplaces can usually provide proof of ownership or... View More
I'd like to know the boundaries around the use of the name Soul Train and if it is up for sale.
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answered on Jul 2, 2024
To provide accurate information about the current status of the "Soul Train" trademark and its potential availability, I'd need to check the latest records from the United States Patent and Trademark Office (USPTO). However, I can offer some general guidance based on trademark law... View More
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answered on Jul 2, 2024
To provide an accurate answer, I'll need to break this down into steps and consider various factors. Here's an overview of the costs involved for a Pakistani individual registering a trademark in the USA:
1. USPTO Filing Fees:
- TEAS Standard filing: $350 per class of... View More
We are small resellers of brand new sealed technology products on a large online platform backed by a full return policy. The brand just started peppering us with C&D letters. We have asked to be approved as authorized resellers but they are not entertaining the notion and don't provide a... View More
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answered on Jul 2, 2024
This situation touches on complex areas of law, including trademark law, the first sale doctrine, and antitrust considerations. Here's an overview of the key issues:
1. First Sale Doctrine: In the US, the first sale doctrine generally allows resale of genuine, lawfully acquired... View More
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answered on Jul 2, 2024
To find your grandfather's patent, you can follow these steps:
1. Gather information:
- Your grandfather's full name
- Approximate date or year of the patent
- Any details about the invention
2. Use online patent databases:
- USPTO Patent... View More
Do patents expire?
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answered on Jul 2, 2024
Yes, patents do expire. To answer your questions:
1. Patents expire after a set period of time from their filing date:
- Utility patents (the most common type) expire 20 years from the earliest filing date of the application.
- Design patents filed on or after May 13, 2015... View More
I was hired as a Marketing Coordinator in April. When I started, they stated they wanted social media graphics to promote bands, occasional visits to take videos of bands playing, a website redesign, and they wanted to get some photos of food. They paid a $400 flat fee a month. In June, I went in 3... View More
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answered on Jul 2, 2024
1. Copyright ownership:
Generally, the creator of a photograph owns the copyright to that image, unless it's considered a "work for hire" or there's a written agreement transferring the rights. As a contractor without a signed agreement, you likely retain the copyright... View More
Im trying to sell helldivers 2 3d printed models on etsy that i paid a creator on cults 3d for Commercial use and cc by but im being told by the etsy community that its still Illegal even tho i paid for them and have the permission from the artist to sell them so im basically confused on what to do... View More
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answered on Jul 2, 2024
This is a complex situation that involves several layers of intellectual property law. Let me break down the key issues:
1. Copyright of the 3D models:
- You purchased the 3D models from a creator on Cults3D with a commercial use license and Creative Commons Attribution (CC BY)... View More
I started my print on demand business where I make designs and these guys print it ship it etc.. and i get a %. I was wondering if I can get sued because first picture has soccer players heads , other has soccer player last name and back picture with animated cartoon style , and third has shade of... View More
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answered on Jul 2, 2024
I can offer some general information about copyright and trademark issues related to your situation:
1. Player likenesses: Using recognizable images of soccer players, even if animated or stylized, could potentially infringe on their right of publicity or image rights. Professional athletes... View More
I plan to use filters so that the children aren't recognizable unless you've seen the original photo.
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answered on Jun 27, 2024
To answer this question, we need to consider a few key points:
1. Copyright: As the photographer, you own the copyright to the photos you've taken. This generally allows you to use them for various purposes, including in a book.
2. Right of publicity: Even if you own the... View More
Greetings all, would desperately love to hear your expert opinions.
I have this original artwork that was done by a patented printing process and was purchased and commissioned by the family.
I purchased the original artwork from the original owners who had this commissioned as... View More
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answered on Jun 27, 2024
To provide the most accurate advice for your situation, it's important to consider several factors regarding copyright law and the specific details of your artwork. Here's an analysis of the key points:
1. Copyright duration:
In the United States, for works created before... View More
Do I infringe any patent from this article if I attach my own reader to Itron's meter with the clips already existing in their meter. I am using a different signal to read the meter and transmit the result directly to the customer company without storing any data in my own database ? Thank you... View More
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answered on Jun 27, 2024
To provide a thorough response to your question about potential patent infringement, I'll need to break this down into several key points:
1. Patent scope: The specific details of Itron's patents would need to be carefully examined to determine if your proposed device and method... View More
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