Intellectual Property Questions & Answers

Q: I am building an ecommerce website similar to Amazon, allowing third-party sellers, etc.

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Illinois on
Answered on Apr 16, 2019
Griffin Klema's answer
If you have created a successful business, you're going to get silly/aggressive/unfounded accusers, just be ready and have a good lawyer on retainer to deal with such issues as they arise.

As for embedding YouTube videos onto your own website (for profit), this is a common question. Much of it depends on HOW you're doing so. That's because trademark rights might be affected (i.e. tarnishment, false association, etc.). Then there's copyright, which also doesn't have a clear answer...

Q: hey i am wondering if it is illegal to make a video game based on pepe the frog. The trademark says ''abandoned''

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Answered on Apr 16, 2019
Griffin Klema's answer
I've written a blog post about how to analyze abandoned patents: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/ Trademark rights are based on use. You are asking for a clearance opinion, and you can expect to budget between $500 and $1,500 for that kind of legal work.

Q: I want to file a patent with Bridgestone in Belgium to offset dimple the existing cushion sidewall gum 6302444357

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Illinois on
Answered on Apr 12, 2019
Sean Erin Serraguard's answer
There are a number of ways to file a patent in Belgium as well as other countries. The first step is going to be determining if you're only interested in Belgium or if you'd like to file in other countries as well. From there, you will have to decide if you'd like to draft your own application or if you'd like to hire an attorney to draft for you and navigate the process. I'd recommend contacting a licensed patent attorney with experience in foreign prosecution for a free consultation and not...

Q: Would this be copyright infringement?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kansas on
Answered on Apr 9, 2019
Griffin Klema's answer
You're probably running into trademark issues, and maybe copyright as well. The use of the slogan "Just Dewey It" without any use of a swoosh-like logo is a close call. Arguably it might fall within parody or other fair use exceptions to trademark or copyright infringement. The Nike swoosh is a well recognized (famous) source identifier, and using that alone or together with the slogan is probably going to raise the ire of Nike's attorneys. I recommend considering other themes if you can't get...

Q: Can I brand my company “Polytopia”

1 Answer | Asked in Intellectual Property on
Answered on Apr 3, 2019
Jason Brooks' answer
A registered trademark protects use of a mark in the international classes designated within the respective registration description. In this case, it appears that the word "Polytopia" is registered for use is classes, 009 (Computer Game Software), 0028 (video games), and 041 (entertainment services), which would most likely conflict with your intended use in connection with visualisation and Virtual Reality. Specifically, your intended use would likely fall within class 041 and thus directly...

Q: Am I violating any laws by selling items with my own graphic design/phrase tha has been newly TM'd by someone else?

2 Answers | Asked in Copyright and Intellectual Property for Kansas on
Answered on Apr 1, 2019
Peter D. Mlynek's answer
You are OK. The whole point of intellectual property law is to assure creators who make, invents or creates something, are protected from nefarious individuals who would steal or copy it. If you've been using a phrase in your business for several years, nobody can register it and prevent you from using it.

As a matter of fact, the opposite is true -- if you have been using that phrase before someone else did, you may be preventing them from registering that phrase. You are in a good...

Q: My brother and I did a quick claim deed with my two daughters on property we inherited from our parents for taxes

1 Answer | Asked in Estate Planning, Intellectual Property and Tax Law for Georgia on
Answered on Apr 1, 2019
Bruce Alexander Minnick's answer
Your unfortunate situation was caused by your erroneous belief that non-lawyers can do very important things that involve their property rights without benefit of counsel. So now, rather than hire a real estate lawyer to help you avoid the errors before you made them, you will have to hire a civil trial lawyer to keep you from being evicted--by your own children. If you and your brother are sitting on lots of cash, then hire a lawyer TODAY. However, if you and your disabled brother are poor...

Q: My Husband inherited property from his late Father who left no will. He has two sisters, one wanted to sell, my Husband

2 Answers | Asked in Estate Planning, Intellectual Property and Tax Law for Texas on
Answered on Apr 1, 2019
Terry Lynn Garrett's answer
Since there was no Will and the wife apparently predeceased, the property will pass to all three children under Affidavits of Heirship, a Small Estate Affidavit or an Application for Determination of Heirship. While your husband may have been paying taxes for five years, that gives him a claim for reimbursement, not title to the property to the exclusion of his sisters. If they like, they can gift or sell their interests to him.

Q: Dear Sir/Madam, My IP or patent rights stolen by Texas Instruments Inc. I need help.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Mar 27, 2019
Kevin E. Flynn's answer
The assignment database lists an assignment from you to TI. https://assignment.uspto.gov/patent/index.html#/patent/search/resultAbstract?id=20180348152&type=publNum

You should consult with a local patent attorney to sort out the nuances of what you assigned versus what is in this patent.

If you were employed by TI, then most likely they own your rights to the things you invented for them while employed to invent.

Kevin E Flynn

Q: What does "654 - Report Completed Suspension Check - Case Still Suspended" mean re a trademark (SN 87558066)?

1 Answer | Asked in Copyright and Intellectual Property on
Answered on Mar 26, 2019
Griffin Klema's answer
This means the trademark application is on hold until other trademark applications are processed. The MOTOLOOT application (ser. no. 87558066) is suspended until other similar trademark applications have completed their processing (nos. 87070794, 87070812, 87232034, and 87232044).

As for the rest of your question, it is unclear. The application is suspended by the USPTO, not the applicant. If another company filed their trademark application first, they may acquire the rights. And...

Q: can I name a product after a one word song lyric that the artist / publisher did not trademark for the specific use.

2 Answers | Asked in Intellectual Property on
Answered on Mar 26, 2019
Griffin Klema's answer
Maybe. There are a lot of facts that must be evaluated when analyzing whether a company can sell a product that might infringe on the trademark rights of another. These are the DuPont factors that try to answer the core question: Is there a likelihood of confusion between your product and another's trademark? Trademarks are often limited to certain kinds of goods, and that's the second DuPont factor. You really need to discuss this with a lawyer experienced in trademark law. Infringement of...

Q: Im looking for a lawyer to bring lawsuit against third party. Im authorised distributor for medical goods in my country.

2 Answers | Asked in Consumer Law, Copyright and Intellectual Property on
Answered on Mar 26, 2019
Griffin Klema's answer
If the third party is a U.S. company, you may be able to sue here in the United States. Much of that depends on the agreement between you and the medical device manufacturer. You may need to sue the manufacturer as well, since there may not be any direct claims against the third party. I would be pleased to discuss your case further: 202-713-5292.

Q: How may I buy a patent from any company?

3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Patents (Intellectual Property) on
Answered on Mar 26, 2019
Kevin E. Flynn's answer
You have several options. You can buy the patent outright if they are willing to sell. Then you would have them sign an assignment document to transfer ownership to you just as you do when you move the title of a car or a house from one person to another. You would record that assignment here -- https://epas.uspto.gov/.

If you want the right to make and use what is in the patent and do not care if someone else can make and use what is in the patent, then all you need is a...

Q: How do I get a preliminary injunction?

1 Answer | Asked in Intellectual Property for Virginia on
Answered on Mar 24, 2019
Marcos Garciaacosta's answer
If cease and desist letters are not working, and you have tried amicably to settle with them, looks like your only option is to file a lawsuit.

In the lawsuit you can ask for an injunction. It will be based on the chances that you will win the lawsuit, so it is not a done deal.

Consult with an attorney in your area or the area where the infringer and event resides.

Q: Is it possible to patent my robotics idea?

3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Answered on Mar 23, 2019
Peter D. Mlynek's answer
Well, you can't patent an idea, but you can patent your invention in the field of robotics.

Q: How can i retrieve property that has been turned over to the state Escalator?

3 Answers | Asked in Intellectual Property and Insurance Defense for Florida on
Answered on Mar 22, 2019
Griffin Klema's answer
This is not an intellectual property question (or insurance defense), but rather a personal property issue. It's unclear from your question what you're referring to. State Spectator? I've never heard of such a thing. Maybe ask the insurance company that sent you the letter what to do?

Q: I have an idea for a Credit Card product that will solve a number of problems for Banks & Card Issuers. Can I patent it?

4 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Banking for New York on
Answered on Mar 21, 2019
Ahaji Kirk Amos' answer
I can't tell you that you can patent your invention. You can patent an invention that is patentable subject matter. It must be new, non-obvious and you must be the first to apply for a patent on the invention. You don't need a prototype so long as the invention is fully developed/designed.

Q: Are they allowed to hold your property in the vehicle for collateral or can you get it

1 Answer | Asked in Intellectual Property for Oklahoma on
Answered on Mar 18, 2019
Griffin Klema's answer
This is not an intellectual property question, but rather a personal property issue. Consider re-posting the question under the correct topic.

Q: Can a grandparent will heir property to a sole child or grandchild?

1 Answer | Asked in Intellectual Property for Louisiana on
Answered on Mar 18, 2019
Griffin Klema's answer
This is not an intellectual property question, but rather a real property issue, or probate issue. Consider re-posting the question under the correct topic.

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