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Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: T-shirt image containing car that is similar to Lamborghini - Trademark issue?

I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car. So basically it would be a bit different.

I wrote to Lamborghini's customer... Read more »

Bharath Konda
Bharath Konda answered on Oct 16, 2019

You need to consult an attorney before venturing into the use of Lamborghini logos. Lamborghini brand is very well known and they most probably have trademarks registered. There need to be a "likelihood of confusion" analysis done by an attorney hired by you before you even manufacture sample... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Hi, Can someone take trademark one of my copyrighted design? Thank you
Bharath Konda
Bharath Konda answered on Oct 16, 2019

You can trademark your copyrighted design by incorporating this design on goods and/ or services in interstate commerce. Whether you will be awarded a trademark depends on prior use of the same or similar mark. To determine the availability you need a full trademark search of all databases. If you... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: How can I learn if a patent is earning royalties by the inventor?

Is this patent earning royalties? 20020198764

Kevin E. Flynn
Kevin E. Flynn answered on Oct 13, 2019

The number you cite is not a patent. It is a published version of an application. Not all patent applications become patents. According to Google Patents, this one did not.

https://patents.google.com/patent/US20020198764A1/en?oq=20020198764

Sometimes a license agreement will...
Read more »

Q: My house is paid for and I want to get a patent on it under intellectual property can I do that?
Peter D. Mlynek
Peter D. Mlynek answered on Oct 11, 2019

Nope.

This is an example of a legal word having two different meanings. The word patent used to mean a right that was granted by the monarch or the government for something, including a right to hold some land, or the exclusive right to sell a certain product in the kingdom. Nowadays,...
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1 Answer | Asked in Intellectual Property on
Q: Hi, I'm interested in case 3:2019cv18686 and was wondering if there it's possible to request the lawsuit?
Stephen L. Keefe
Stephen L. Keefe answered on Oct 10, 2019

Hi,

Documents involved in a federal court case are generally available through PACER at https://www.pacer.gov/ . It's free to create a PACER account, which you can use to access documents about a case such as this one. (There may be a small charge for requesting documents exceeding...
Read more »

1 Answer | Asked in Business Law, Intellectual Property and Trademark for Texas on
Q: Would I be able to use the name Leafly for a retail space name? what are the restraints &/or rights of Leafly Holdings ?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 9, 2019

depends on how it is used and if they have registration or not, and if it would confuse people into buying from you when they intended to buy from them.

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

1 Answer | Asked in Consumer Law, Business Formation and Intellectual Property for Georgia on
Q: Do I need to file a patent for a mixture of different food ingredient/ready to be mixed stored in a bag or container

This is not a supplement. This is for a type recipe that calls for a mixture of different food components. The idea behind this is to eliminate the prep steps of combining all the separate components. With this, the user will have one single container, that will contain all the necessary items to... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 9, 2019

You could add Patents as one of your categories. Your question could have a better chance of being seen by a patent attorney. Good luck

Tim Akpinar

1 Answer | Asked in Business Law and Intellectual Property for Missouri on
Q: is it legal to pose as the Grinch in Christmas pictures to photograph, and sell those images?

My wife and her business partner own their own photography company and were wanting me to dress up as the Grinch and photograph other people with the Grinch during Christmas. Obviously they would be paid for their services. They read somewhere about a photographer being sued by Dr Seuss and... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 7, 2019

You could repost your question and add Intellectual Property to your categories. Attorneys who work in that area would be likelier to recognize the issues that concern you than ordinary Business Law/Business Formation attorneys. Good luck

Tim Akpinar

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: Hi How much do you charge for getting me a trademark registered'
Enrico Schaefer
Enrico Schaefer answered on Oct 4, 2019

If you need a trademark availability opinion before you register, that is $800 including the third-party fees. If you need trademark registration, that is $1200 including USPTO fees

Q: is Property Right a "Human Right"? Why or Why not?

I'm a law student and i wanted to know this. I researched it on the internet but none of the sites provide concrete answer

Tim Akpinar
Tim Akpinar answered on Oct 3, 2019

If that's the way your question was phrased, you might have a wide berth in terms of the issues you could raise and discuss, ranging from traditionally accepted human rights issues to property rights under due process as a constitutional issue. You might want to check with your instructor or... Read more »

1 Answer | Asked in Intellectual Property for Florida on
Q: Hello, What type of protection for intellectual property is needed when creating a type of ”free weight”?

It is an exercise equipment

Jason Brooks
Jason Brooks answered on Oct 2, 2019

Without more detail about your questions it's difficult to provide a more specific answer, but generally you would have two options from what you're described:

1) if the free weight you're asking about has some newly invented features, it may qualify for a patent.

2) If you are...
Read more »

1 Answer | Asked in Intellectual Property on
Q: Hello Team, I filed 2 disclosures for Johnson controls india. I left company a year back. How Can I track my patents
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 2, 2019

Try Public Pair,

https://portal.uspto.gov/pair/PublicPair

hopefully you will find the status there

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Intellectual Property for Arkansas on
Q: I'm a victim of a crime me rights have been ignored

False my title

Gary Kollin
Gary Kollin answered on Sep 30, 2019

If you think do, then consult with an attorney in person

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: I would like to have a hard copy of a patent I originated. How much does that cost?

Worked for Lennox Industries for 19yrs; this was my final project. Even the events to my termination were questionable; at best, in my estimation.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 28, 2019

Congratulations on being an inventor on a US patent. You can download a PDF of the patent at https://patents.google.com/patent/US10337727B2/en?oq=10337727 and then print the patent out.

If you want the patent on some thicker stock, you can buy one from the USPTO for $3. I have not done...
Read more »

2 Answers | Asked in Contracts and Intellectual Property for California on
Q: Do signed agreements giving ownership of a music video allow to use audio (recorded for and during production)?

signed agreement:  singer ".... authorizes others to use my name, voice and likeness in connection with the production [...] Producer..” (me) “...is the sole owner of all rights in and to the picture and all elements thereof, including photography and recordings of my voice and likeness. [...]... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Sep 24, 2019

It would be necessary to read the agreement in order to understand the deal between the parties. It may seem "fair" for a producer to have the right to use audio, but the rights are determined by the agreement.

It is difficult for an individual to achieve a desired outcome when dealing with...
Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Graphic illustration for t-shirt.

Hello,

I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car (without logo). So basically it would be a bit different.

So I'd like... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Sep 23, 2019

Many people say, "So basically it would be a bit different." Sometimes that is true. Other times it would simply be wishful thinking. Even so, the criterion is whether there is confusion as to whether you might be seen as falsely indicating a relationship with Lamborghini.

I do not know...
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Can I get sued for writing a non-fiction book about a tv show without the show's permission?

I was hired by a publisher to write a non-fiction book on a very popular television show where I discuss the history of the show, the themes, the characters and provide my opinion on each of the series episodes. Publisher states because I'm providing an opinion there is absolutely no copyright... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 18, 2019

Your concerns are valid. You should consider seriously getting permission. Make sure the hiring party give you a contract where they take full responsibility or liability. Consult with an attorney before doing anything.

2 Answers | Asked in Contracts, Business Law, Collections and Intellectual Property for California on
Q: I invested in a UK company, then the founder moved to the US and re-formed without notifying me.

I invested in a UK company. The founder claimed that he was shutting down the company. Next thing I know, he goes to the US and restarts the company. Now the company is successful and is operating strongly in the US. Do I have any grounds for a lawsuit? He did not give me any compensation, new... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Sep 16, 2019

It might be possible to bring an action against the founder. The facts must be examined by an attorney to see if they support bringing an action in the United States rather than in the UK. The facts must be examined to see if the founder committed any improper activities. The range of possibilities... Read more »

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2 Answers | Asked in Intellectual Property for Florida on
Q: Can I sue a hotel website for having my photo posted on it without my permission?
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 16, 2019

Most likely not

It is highly possible that when you used the services you signed the right for them to use your image

Depending on what you think your case is, at best you should talk to somebody at the hotel and ask for a free night, or a discount.

Unless it is a really big...
Read more »

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