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I have a mobile game, "Annoying Uncle Punch Game," which has been available on the Google Play Store for 8 months. Another publisher has released a game titled "Annoying Uncle Punching Game" on the same platform. We have not registered any trademarks or copyrights for our game... View More 
answered on Apr 11, 2025
You should report the copycat app via the Google reporting form at https://support.google.com/googleplay/android-developer/contact/policy_violation_report?sjid=120013622250789082-NC. Although you haven't registered a trademark, there is some common law protection for unregistered trademarks... View More
I have a mobile game, "Annoying Uncle Punch Game," which has been available on the Google Play Store for 8 months. Another publisher has released a game titled "Annoying Uncle Punching Game" on the same platform. We have not registered any trademarks or copyrights for our game... View More
answered on Apr 11, 2025
Since you have already been using the name in the marketplace, your best first step is typically to file a federal trademark application. Normally, if you were using the mark in commerce prior to the other party, you would send the other party a cease and desist, informing them they are infringing... View More
I plan to start an online store selling t-shirts through print-on-demand platforms like Amazon, Printify, and TeeRepublic, while operating remotely from outside the U.S. I will manage the catalog and payment setup, with shipping outsourced and handled by providers directly to customers.
I... View More
answered on Apr 10, 2025
That's a great idea! Amazon and other U.S. based platforms will apply U.S. law which includes the U.S. copyright period, which ls longer than in many other countries. For works created on or after January 1, 1978, copyright lasts for the life of the author plus 70 years. If it's a work... View More
I plan to start an online store selling t-shirts through print-on-demand platforms like Amazon, Printify, and TeeRepublic, while operating remotely from outside the U.S. I will manage the catalog and payment setup, with shipping outsourced and handled by providers directly to customers.
I... View More
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answered on Apr 10, 2025
For the designs that you plan to purchase, this usually means that you have the consent of the copyright owner upon purchase to distribute and modify the design. If Amazon receive a complaint about these designs, you can show them proof of the purchase and consent. Some comic book covers are so... View More
I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.
Some of the photographs... View More
answered on Apr 7, 2025
1. Using Referenced Images for Commentary or Analysis
Including the original reference images alongside your ex-partner’s artwork for the purpose of commentary, critique, or scholarship can potentially fall under Fair Use, especially if:
The inclusion transforms the original... View More
I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.
Some of the photographs... View More
answered on Apr 7, 2025
That's a great question, and I think that you should be on pretty safe ground because your use is transformative: it is designed to shine a light into your partner's creative process, which is quite different from the original purposes for which the reference images were created. I would... View More
I have been receiving phone calls threatening to take away my rights to the image and work I created. I started a trademark application for them several years ago, but it was marked as abandoned due to failure to respond; I may have missed a communication. The callers have not disclosed who they... View More
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answered on Apr 6, 2025
There has been a rise in reports of scammers targeting individuals with threats related to their intellectual property. These bad actors often try to intimidate creators by making unfounded claims, and sometimes even misuse the name of a legitimate attorney or invent a fake organization to seem... View More
I have discovered a U.S. design patent that should be invalid under 35 U.S.C. § 102(b), as the exact product was publicly sold and marketed online more than one year before the patent filing date. I have collected extensive evidence to support this. I'm seeking an intellectual property lawyer... View More
answered on Apr 3, 2025
Reexaminations are generally limited to prior art patents and printed publications. So, your ability to proceed would depend on exactly what evidence you have. Your patent attorney should be able to advise you on this or other possible options. Please note that this is an anonymous question and... View More
I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More
answered on Apr 3, 2025
In order to registrar a trademark you must file an application with the USPTO. It is best to conduct a trademark search though a trademark search finding does not guarantee that the mark can be registered. You can file a trademark through the USPTO as the trademark owner or by working with a... View More
I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More
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answered on Apr 3, 2025
You can file for registration yourself or ask an attorney to help you. Your date of first use is important as you accrue rights through use of the mark and registration puts a government stamp on your existing rights and makes them easier to enforce and defend.
I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More
answered on Apr 3, 2025
The previous applicant abandoned their application after receiving a 'primarily geographically descriptive' rejection. Depending on your situation, there is a likelihood you would receive the same rejection. However, this doesn't mean you should not apply. There are several... View More
About 30 years ago, I wrote a book that was serialized in a bi-monthly magazine over six installments in one year. The magazine is still being published, and there was no formal contract—only a handshake agreement for $500 per installment. I was credited as the author and contributing editor. I... View More
answered on Apr 2, 2025
I would double-check with the magazine to see if there is a contract on file even if you remember a verbal/handshake agreement. If there is a written agreement, please reach out to an experienced intellectual property attorney to review it in detail. There is something called a... View More
I'm interested in using a business name that has been registered as a trademark but appears to be abandoned for over 2 years. I plan to use it for the same type of business. I haven't conducted any research to determine if the name is still legally protected or associated with any entity.... View More
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answered on Apr 1, 2025
The mark will be considered abandoned if its use in commerce or trade has been discontinued with intent not to resume the use. Intent not to resume may be inferred from circumstances.
Nonuse for 3 consecutive years is prima facie evidence of abandonment. The burden of proof then shifts... View More
I am divorcing after 33 years of marriage. About 6 years ago, I wrote and self-published 30 books through Amazon KDP, all created during the marriage with no joint financial contributions. Although these books haven't generated substantial profits yet, I want to know what entitlement my... View More
answered on Apr 1, 2025
Rhode Island is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally upon divorce. Under § 15-5-16.1(a), the Family Court assigns property based on factors such as:
• Length of the marriage (33 years here, a long-term marriage).... View More
I am an indie mobile game developer planning to publish a commercial game on the Google Play Store. The name of my game is "Buzzle," which I discovered is already used by two other not very popular games. The existing Buzzle games are also puzzle games, but they have different core... View More
answered on Mar 31, 2025
A trademark covers a specific type of good or service, so registering "Buzzle" for a game and "Buzzle" for a pizza shop would probably not be an infringement. But when you have multiple digital games all called "Buzzle", there is more obvious scope for infringement.... View More
I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More
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answered on Mar 28, 2025
Someone would need to search for the proposed name internationally in order to guess at an answer to this question. If it turns out that no one else already is using the name, then you could file a trademark application in Ghana and follow up with "Madrid" applications in other countries... View More
I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More
answered on Mar 28, 2025
Trademark rights are generally territorial, meaning they're valid within specific countries or regions. So, a lack of registration in Ghana doesn't guarantee freedom elsewhere. It is possible that the name "Bloom Beauty Bar" is already registered within other countries.... View More
I'm concerned about possible trademark infringement or brand confusion between my business, "DiTu Best Sandwiches," and another business named "D'TU Pizza." We are both operating in the same geographic area. Have there been any actions taken by the other business... View More
answered on Mar 28, 2025
There is a federal trademark registration for D'TU PIZZA:
https://tsdr.uspto.gov/#caseNumber=97750696&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
What you should do will depend in part on the dates each of you began using the marks and... View More
During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More
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answered on Mar 26, 2025
Patents created during the marriage—whether individually or as part of a shared business—are typically considered community property and subject to division upon divorce, even if not disclosed initially. Because these patents and associated revenues were undisclosed during your 2017 divorce... View More
During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More
answered on Mar 26, 2025
You could file a request for adjudication of omitted assets. These types of motions are filed when an asset (or debt) was not disclosed during the divorce proceedings and is not divided or mentioned in your final divorce decree.
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