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Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Can an item without a logo or symbol be a trademark infringement?

I make ornaments using commercial clear ornaments & books that I buy and cut apart & curl into ribbons to put into the ornament. I do not advertise them by the book name so that I don't risk infringing on anyone's copyright or IP even though the books I use are public domain.... Read more »

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Dec 4, 2020

"Can a nondescript item be trademarked?" Trade dress is a bit different than its more common cousins, word marks (e.g., "Apple") and stylized (special form) marks (like the Nike "swoosh"), which are usually tagged or stamped on their associated products. Trade dress... Read more »

2 Answers | Asked in Trademark, Copyright, Business Formation and Intellectual Property for New York on
Q: Broke dad trying to help broke college daughter file for a trademark

My daughter is an artist, photographer, craftswoman, woodworker and a very creative person. She has been selling by word of mouth. She creates and re-purposes many different items putting her flair on them and is attempting to build a brand. She came up with a "company" name and wants to... Read more »

Steve Charles Vondran
Steve Charles Vondran answered on Dec 4, 2020

I have a video on this that many thousands have enjoyed. See you at the top! Attorney Steve®

https://youtu.be/8gSE59gC94c

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: How do I know if I need to patent an excel spreadsheet graph?

I just created a graph this afternoon around 1:00pm with my name and date in the bottom corner that really impressed my professor who is a doctor in medicine. After getting off the phone with my father, he suggested I reach out and see if this is something that I could patent. Is there any way... Read more »

Kathryn Perales
Kathryn Perales answered on Dec 4, 2020

A spreadsheet graph is not generally the kind of thing that can be patented. If you think it is truly new and innovative, I encourage you to consult privately with a patent attorney. Be prepared to explain it thoroughly, and keep in mind that your 1-year time limit for patenting already started... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Copyright question: Someone is using my sample artwork of a job he never paid me to finish for an album cover.

I'm a visual artist and someone had asked me to recreate one of my images with them photoshopped into it. It was for an album cover and I was happy to help another artist out- I told him I would do it for $25, to which he agreed and asked if I could do it that day. I started working right... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2020

Send a letter. You could sue in small claims for the payment.

Anything bigger than that would be more expensive than the benefit.

Best luck!

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: This company have copied my own invented, patented, Euipo reg design & copright & are selling on Amazon.com.au & others

Popetpop in Shenzhensi Kanghaoxingao

Peter D. Mlynek
Peter D. Mlynek answered on Dec 3, 2020

You should talk to the patent attorney who got you the patent on your invention.

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1 Answer | Asked in Business Law, Civil Litigation, Copyright and Intellectual Property on
Q: What action can be taken if an organization (or person) infringes IP (copyright) laws, through deletion of testimonials?

I believe that in the US, there is a defense that the infringement "is in the public good". I am in Sydney, Australia, and I would like to remediate the offense (if it is indeed an offence, and prevent further infringements.

Timothy John Billick
Timothy John Billick answered on Dec 2, 2020

There is not enough information here to answer this question.

2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Is it illegal to mark a photo containing a restaurant logo with a CC0 license?

I'm working on some open-source exercises for Russian language students, and for an alphabet-related exercise it would be very helpful to display pictures of Russian signs with English cognates that beginner students can read easily. However, I'm unsure of the legal implications of using,... Read more »

Kathryn Perales
Kathryn Perales answered on Dec 2, 2020

Here, you are describing the intersection of copyright and trademark law. While it would be trademark infringement to open your own restaurant called Burger King, or to sell a hamburger wrapped up in a wrapper that says Burger King, you certainly can take a picture of a Burger King restaurant and... Read more »

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1 Answer | Asked in Intellectual Property for Texas on
Q: I was taken advantage of by the large businesses the time line tells the story, I want to be able to make something

they robbed me

Allison Higgins
Allison Higgins answered on Nov 29, 2020

Hi there. This forum is for general information and legal questions. We cannot contract you directly without you reaching out to one of us. If you want to speak to a lawyer directly, you will need to contact one of us through our Justia profile.

1 Answer | Asked in Intellectual Property, Employment Law and Business Law for Texas on
Q: Do I have a case to sue for damages based on a violation of my intellectual property rights?

I agreed, verbally and via written contract, to teach my copyrighted workshop at a six-week summer program. My boss filmed all the program’s classes and sold them to virtual students for an indefinite period of time after the six-week program ends. This was not included in the written contract,... Read more »

Allison Higgins
Allison Higgins answered on Nov 23, 2020

You may have a case, but an attorney would need more details to give a more definite answer. For example, was the program created before or during your employment? There may be some work for hire issues that need to be sorted out.

It also would depend if there is an integration clause in...
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kentucky on
Q: Can I patent a specific type of credit card?
Peter D. Mlynek
Peter D. Mlynek answered on Nov 23, 2020

Yes, you should be able to do that.

The technology with credit cards has evolved by using raised numbers, then magnetic strips, then chips, so if you come up with yet another advance in technology, you should be able to get a patent on that.

Or if you make a credit card that is...
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1 Answer | Asked in Business Law, Copyright and Intellectual Property for New York on
Q: copyright laws for digital magazine

i’m looking to create my own digital magazine. Some of the pages would consist of work from other people and they would be credited of course but i’m just thinking ahead to when I’m ready to monitize the magazine. Currently I would not be paying other people to contribute nor would I charge... Read more »

Allison Higgins
Allison Higgins answered on Nov 23, 2020

Just because you credit an author does not mean you can use their work, even if you are not selling the magazine. This could very easily get you in trouble for copyright ingrinment and get a DMCA notice. You would need to get permission from each author to post their work in your magazine.... Read more »

1 Answer | Asked in Intellectual Property for Minnesota on
Q: My live in boyfriend moved out of my property can he return whenever he wants?
Allison Higgins
Allison Higgins answered on Nov 19, 2020

Hi there. This section in for intelelctual property questions such as trademark, copyright, and patents. You may want to re-post your question in a different section such as landlord/tenent law or family law. Sorry about the confusion.

1 Answer | Asked in Intellectual Property for Alaska on
Q: Have title of truck i bought 4 years ago and truck now state has registered owner as a ward of state all titles flag

Like they own it what do I do

Allison Higgins
Allison Higgins answered on Nov 19, 2020

Hi there. This section is for intellectual property questions like copyright, trademarks, and patents. You may want to re-post your question in a different section for personal property, traffic incidents, or civil litigation. Sorry about the confusion!

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Are FDA medication guides and manufacturer pamphlets copyrighted?

Rx and OTC drugs come with monographs, medication guides and manufacturer pamphlets and I would like to know if one can reference their data without worrying about copyright laws. For example, ican someone make a database that customers pay a fee to join that summarizes the critical data from... Read more »

Allison Higgins
Allison Higgins answered on Nov 19, 2020

Yes, the guides and pamphlets are protected by copyright laws. However, you may still be able to create the database you are talking about without running into copyright issues. It would depend on how much of the information you used, whether you cite your sources correctly, and whether you use any... Read more »

1 Answer | Asked in Contracts, Admiralty / Maritime and Intellectual Property on
Q: Will DOG LATIN syntax void a commercial offer from from your quasi courts?
Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

Courts are not too concerned with syntax. The emphasis is more on substantive legal issues, such as naming the parties, identifying the goods, including prices, timeframes to accept offer, forms of acceptance, etc. Good luck

Tim Akpinar

2 Answers | Asked in Banking and Intellectual Property on
Q: Can an idea be protected by virtue of intellectual property protection laws?

My idea is relevant to Banks and credit card companies.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 18, 2020

Yes, new ideas are the reason for having federal laws to protect "intellectual property."

Advice: If you want to protect your idea you will need a lawyer having experience in Intellectual Property law.

Caveat: This area of federal law is very difficult ro deal with,...
Read more »

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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Can I patent and idea or concept of a device me and my team created?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Nov 17, 2020

While ideas are not patentable per se, a device may be patentable if it is fully described in the patent application, it has utility, and it is new and non- obvious over similar devices that exist in the prior art.

Please give me a call if you wish to discuss.

Liliana Di...
Read more »

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1 Answer | Asked in Intellectual Property on
Q: IP (Work For Hire/Moral rights) Who is the author of the work? And whom credits to be given for the work?

SCENARIO:

3 designers worked on a project where they were assigned to design an electric boat. They all agreed to work for a client based in Norway for 3 months at 7k euro fee. Later due to extraneous circumstances, the project timeline was extended to 9 months. The extra 6 months fee was... Read more »

Kathryn Perales
Kathryn Perales answered on Nov 16, 2020

This is a mess. It sounds to me like you need a lawyer licensed in Norway to sort it out. It is of course possible for the designers and the client to negotiate whatever agreement they can all agree to. Failing that, you need advice about breach of contract and intellectual property law in... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: In a trademark, can I protect future additional goods & services that are in progress & haven't been created yet?

I'm planning on creating a book series in which I want to trademark the title. I'm also currently creating a video game to add to this franchise. In the future, I want to file another application to extend my trademark to not only protect my books, but my video games too.

Since... Read more »

Allison Higgins
Allison Higgins answered on Nov 12, 2020

Hi there! It is great that you are thinking about IP protections from the very beginning.

From a trademark standpoint you have limited options that far in advance. You can file trademark registrations for things that are not in commerce yet (called an intent-to-use application), but the...
Read more »

1 Answer | Asked in Intellectual Property and Trademark for Texas on
Q: Which trademark class do I need?

I am starting a youtube channel containing instructional and entertaining videos about homebrewing (beer, wine, etc...). The channel will be owned by my parent llc. I'm looking into trademarking the parent companies name and logo. Which class of trademark do i want to use? Class 33 for... Read more »

Julia Lang
Julia Lang answered on Nov 10, 2020

Arguably, the most crucial pieces of any trademark application are the selection of the appropriate filing classes and the proper description of goods and/or services within those classes. They are also commonly the subject of refusals by the USPTO. I highly recommend consulting a trademark... Read more »

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