Intellectual Property Questions & Answers

Q: What do I need to do when my trademark is in abandoned status?

1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Answered on Feb 20, 2018

An attorney would need to know the circumstances under which it became abandoned and how long ago it became abandoned to determine if it can be revived. Most likely, you will need to start over with a new application and a new filing fee.
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Q: Are there IP lawyers that will work pro-bono if an idea for patent is demonstrated, to be worth billions, under retainer

1 Answer | Asked in Intellectual Property and Patents for Maryland on
Answered on Feb 19, 2018

Generally no, IP lawyers won’t work pro-bono, ESPECIALLY if the invention is really worth billions of dollars.

If your invention is worth billions of dollars then it should not be a problem for you to afford to compensate very well the attorney who protects your invention. The inventions that I’ve worked on that were worth hundreds of millions of dollars per year in revenue were protected by several families of patents consisting of hundreds of individual patent cases across the...
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Q: How many years after my mom is deceased can you put the property in my name with out going through probate?

1 Answer | Asked in Intellectual Property and Probate for Oklahoma on
Answered on Feb 19, 2018

Your question is interesting. Without more information it would be difficult to answer.

You, by yourself, cannot simply put the property into your own name.

If the property was solely in your mother's name, then we would look to the Will or Trust to determine who has rights to it. If she had no Will or Trust then we would look to intestacy statutes.

If she died intestate (without a Will) we would need to determine who were her heirs at the time of her death. This...
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Q: If I buy an app from third party company, which has almost exactly the same as Ubereats app, does the patent affect me?

1 Answer | Asked in Copyright, Intellectual Property and Patents on
Answered on Feb 19, 2018

A US patent gives the owner the right to preclude others from making, using, selling, and offering to sell something that is covered by one or more claims in the patent. This right continues until the patent expires or other legal events happen to make the claims no longer enforceable.

So if there is a patent that covers the UberEats program or some aspects of it, then you cannot do things covered by the patent claims within the United States unless you are licensed by the owner of...
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Q: For how long does an inventor(s) maintain the right to control the dissemination and usage of their patented content?

1 Answer | Asked in Intellectual Property and Patents for Wisconsin on
Answered on Feb 19, 2018

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten the term) It is the same for dishwasher patents or patents on an ultrasound machine. Unfortunately, to try to make things fair, the rules have a number of layers.

Old patents had a term of...
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Q: please i really need help my grandmother passed away and my aunts ripped up her will

1 Answer | Asked in Family Law and Intellectual Property for Pennsylvania on
Answered on Feb 18, 2018

Your father and his brothers need to consult with an attorney experienced in probate law, which is the area of law that deals with, among other things, wills.
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Q: Does fair use eductional purposes only apply for teachers? Are bloggers or website owners allowed to use this reason?

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Answered on Feb 16, 2018

The statutory fair use exception to a copyright owner's exclusive rights applies to all.
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Q: Does posting a copyrighted image of certain health conditions in your health website for informative purposes a fair use

1 Answer | Asked in Copyright and Intellectual Property for California on
Answered on Feb 16, 2018

Unlikely since you intend to reproduce the entire image. Discuss it with a copyright attorney.
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Q: is legitimizing heirs needed to live on property valued about &15,000 with deed in dead dads name in Mississippi

1 Answer | Asked in Intellectual Property for Mississippi on
Answered on Feb 15, 2018

It depends on several things. First and foremost, the main thing that would need to be looked at would be the deed, and whether there are any rights of survivorship. After that, it would depend largely on whether there was a will, an estate was opened, and who the heirs are, and what agreement can be reached regarding who can live on the property.
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Q: Question about registering a legal entity in the software industry using a well known trademark.

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark for Maryland on
Answered on Feb 14, 2018

In my opinion, your proposed idea is not a prudent one and could very well be a costly one.
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Q: I have received a copyright infringement notification on my eBay account about a product I am selling.

1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Answered on Feb 13, 2018

An attorney would need to review the two products to answer this question. From what you have described, it seems unlikely that your bracelet would infringe a copyright for the other bracelet. While jewelry is protected by copyright, the rights are not so broad as to cover entire design concepts. To infringe, your product would need to be nearly an exact replica. Based on your description, this is far from true. I recommend having an attorney prepare a response.
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Q: How can I get another attorney due to attorney hired not responding and judge is demanding attorney and won't assign PD

2 Answers | Asked in DUI / DWI and Intellectual Property for Illinois on
Answered on Feb 13, 2018

Madam or Sir:

That is unfortunate. I suggest that you first contact the Illinois State Bar association. They may be able to provide new contact information or clarify your attorney's status. If that fails, I suggest that you next contact the Illinois Board of Bar Overseers to discuss your situation and how you might rectify it.

Good luck with your case.
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Q: A cork maker owns their trademark in wine, but not for household goods, which I want for a corkscrew. Can I trademark?

1 Answer | Asked in Intellectual Property and Trademark for Oklahoma on
Answered on Feb 8, 2018

There is really not a clear answer here. It is possible the other trademark owner may oppose your trademark registration or sue you for trademark infringement. The fact that the two marks are in different classes does not necessarily mean consumers are unlikely to be confused by the two marks. The fact that the customers of each business are different is relevant, but not conclusive. I recommend speaking with a trademark attorney to evaluate all the facts to determine your chances of...
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Q: Doubt I can trademark my descriptive online business name so is it easier to trademark including .com with the name?

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Answered on Feb 8, 2018

Adding ".com" to an otherwise generic description would not make the trademark viable. The ".com" is generally disregarded by trademark examiners. Neither an LLC nor a domain registration provides trademark rights. Someone else could register the same name as an LLC in a different state or do business under the same name. It may be best to develop another aspect of your branding as a trademark, such as a design, logo, phrase, or product/service name rather than the name of the business...
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Q: Trademark Infringement

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Answered on Feb 7, 2018

That's a lot for the actual damages involved. What state are you in? I've handled a lot of IP infringement cases (on both the plaintiff's side and the defendant's), and we usually work out more favorable settlements than that.

***Please note the important disclaimers at the bottom of this page.***
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Q: Lien on my property

1 Answer | Asked in Intellectual Property and Real Estate Law for Florida on
Answered on Feb 6, 2018

In general, yes. When they get paid they should release the lien. The idea is that you won't be able to sell the property without paying them.
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Q: Does an LLC "own" works created by its members by default? Or does it only own what is explicitly put in its ownership?

1 Answer | Asked in Business Law and Intellectual Property for Oregon on
Answered on Feb 6, 2018

An attorney would need to review all the facts to answer this question, most importantly, the LLC operating agreement. It is possible there could be joint ownership of the property by the members, if not through the LLC, then through a general partnership created by law as a result of the collaborative nature of the project. The fact that certain property is not in the name of the LLC does not necessarily mean that the property is not jointly owned. For projects like this, typically the...
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Q: My granddad passed away in 2009, and so my mom has been paying his property tax every since, can she claim the land

1 Answer | Asked in Intellectual Property, Estate Planning and Real Estate Law for Georgia on
Answered on Feb 6, 2018

Paying property taxes alone is probably not sufficient to transfer title to the property. I recommend speaking with a local estate planning attorney.
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Q: Trademark Help

1 Answer | Asked in Intellectual Property and Trademark for Minnesota on
Answered on Feb 6, 2018

You are not necessarily in the wrong here. The two marks may be distinguishable. Although, its difficult to say without knowing the exact names. It is also possible the other user may have surrendered its rights by not enforcing its mark. An attorney would need to know all the facts to make a determination.
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Q: How do i copyright a name

1 Answer | Asked in Copyright and Intellectual Property on
Answered on Feb 5, 2018

Names and short phrases cannot be copyrighted under U.S. law. Trademark law, however, may afford protection for a name. Contact an attorney specializing in trademark law to learn more about whether the name you have in mind could be trademarked.
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