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Intellectual Property Questions & Answers
Q: an accident that wasn't my fault my car was a total loss who gets position of the vehicle me or the insurance company.

I was involved in a car accident the car was a total loss and I was wondering if I got position in the car or does the insurance company get possession of the car also does the insurance company have the right to pay the finance company while at the time of the accident the car was not registered... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 22, 2022

An Arizona attorney could advise best, but your question remains open for two weeks, and you may be in a position where you need to remove the vehicle from storage. This appears to be something you might need to coordinate with the finance company if they hold a lien and possessory interest in the... Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: A TV show used the same name for a black magic group that I used in my film and stories. Am I owed anything here?

The Tv show Archive 81 made use of a black magic group called the circle that committed abduction and murder. In my own photography and short films I created the same type of group with the same name. Do I have any rights.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 22, 2022

Probably not.

Consult with an attorney.

1 Answer | Asked in Business Law, Intellectual Property and Trademark for Florida on
Q: Am I legally allowed to incorporate images of pet food bags for a powerpoint presentation on marketing schemes?

Putting together a slide presentation on common marketing tactics and wanted to use pet food bag images as examples. Wondering if this is legal or if I should block out the names of the pet food bags.

Jane Kim
Jane Kim answered on Jan 21, 2022

You should probably repost it under trademark or intellectual property.

Under the Fair Use doctrine you can use a trademark without permission if the use is for educational or informational purposes; so long as it is not used for commercial purposes.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: I filed a patent last Oct after working on it for almost 1.5yr and perfecting it. There was nothing in the market similr

My patent lawyer also did a search (we both did), and there was nothing similar in the patent library.

Just last week in Jan. 2022, a product entered the market very similar to mine, claiming to have a pending patent.

I'm not sure if my idea was stolen or if they also came up... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 20, 2022

It depends. You need to have a deep conversation with your patent attorney.

IF the other guys filed before you, it is possible that they have an upper hand.

If you filed first, they would not have a way to know about your invention unless you made it public.

If you get the...
Read more »

1 Answer | Asked in Intellectual Property for Florida on
Q: I an divorced, didt do community property yet. I ex husband has never moved out,she did. Can I have women move in

It's been year and hakf we been divorced

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2022

What do you mean you "didt (sic) do community property yet"; Florida isn't a community property state?

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Florida on
Q: I want to recreate old jewelry (1800s) with slight mods to brand and sell. Would this be a copyright violation?

I like discovering strange vintage pieces and I don't necessarily want to make "replicas" as I do want to make some alterations to the antique designs/make them more modern/brand-able. I just want to make sure I'm not stepping on anyone's toes/ violating some... Read more »

Robert Kost
Robert Kost answered on Jan 14, 2022

Jewelry is copyrightable, but from your description its copyright has long since expired. See: https://guides.library.cornell.edu/copyright/publicdomain

1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: Is distribution on onlyfans.com content illegal if pictures are printed out and used in divorce court?

Onlyfans.com is copyrighted and I feel like this falls in intellectual rights violation. My soon to be ex husband and his lawyers presented images of my content without knowledge or consent.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 10, 2022

It is true that the photo/video content on the platform is the subject of copyright, and that the creators and the platform can assert their exclusive right to distribute the content. If one were to print the content and sell or redistribute it commercially, that would be an actionable... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Can someone make a documentary about a segment of my life without my permission? I live in Michigan.

I produced a film in Michigan in 2018 and now someone is attempting to make a documentary about the event without my permission. Do I have the legal protection to ask them to cease and desist? They are a resident of Ohio and are attempting to interview not only myself, but members of the cast and... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 9, 2022

You would be wise to speak with an intellectual property attorney. If you are a producer of a commercial film, you may be considered a public figure, which affords you less privacy interest. Even if you are not a public figure, if the documentary is based on truth, I'm not sure what recourse... Read more »

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Georgia on
Q: If a word or phrase is trademarked, is each portion/tense also trademarked?

As a very rough example, if the phrase "Tigers" is trademarked by/for Auburn University, I would assume one could not produce apparel in school colors with the phrase "Tigers". However, is the word "Tiger" used in that same way also covered? Or is the first case... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 6, 2022

Trademarks are words, phrases and/or designs that are used to indicate the source of specific goods or services. The objective of trademark registration is to avoid the likelihood of confusion by purchasers as to the source. If a trademark is used and registered in the singular form, the plural is... Read more »

1 Answer | Asked in Libel & Slander, Copyright, Intellectual Property and Trademark on
Q: I want to write a medical drama. How do I know whether it plagiarizes/infringes on another or is illegal?

Any particular details I musn’t have in common - character relationship dynamics, certain specialties that make a show distinct (as far as I know, psychiatry makes Chicago Med somewhat distinct), following a seasonly promotion, etc?

Also, are there any other things to worry about legally... Read more »

Dane E. Johnson
Dane E. Johnson answered on Jan 6, 2022

You’ll probably want to make the medical scenes in your drama accurate but not so much because of a legal reason. Professional screenwriters often use medical consultants to provide realistic context to their stories for film and television.

Scripts also go through extensive clearance for...
Read more »

1 Answer | Asked in Intellectual Property for Georgia on
Q: I have an idea for a buisness. I went to trademark the name today and realized my intellectual property was stolen.

.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 3, 2022

It depends. Very likely there is little you can do.

Consult with an attorney

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark on
Q: What are guide questions to see whether a fictional character is too similar to another real or fictional character

I have characters with varying levels of similarity to other people. I’d like a rule/s to go by in case I make more, as well. I believe Tradmark and Copyright come into play, but there may be more.

Robert Kost
Robert Kost answered on Dec 31, 2021

It will be impossible to answer your question without specifics. In copyright, there would be two issues: 1) whether the character(s) you are copying are copyrightable (this will depend on how well delineated the character is and how central to the story they are) and 2) whether your characters... Read more »

1 Answer | Asked in Intellectual Property for Louisiana on
Q: Hi I am interest in an abandonded house next door can I pay the back taxes and place a lien on the property

Once I do this how do I take possession of the property after 6 months

Randy Bryan Ligh
Randy Bryan Ligh answered on Dec 31, 2021

The process to get possession is not as simple and quick as you like----however, if you are serious about this, I recommend that at a minimum, you consult with a property or real estate lawyer in your area--pay him for a consultation----and ask the questions you have and get the information you... Read more »

1 Answer | Asked in Gaming, Intellectual Property, Patents (Intellectual Property) and Trademark on
Q: Hello! Thank you that you have this option. I used the inscription "PUBG MOBILE" on the photo. And my account was ban!

I don't know can they delete my account only because I use these 2 words

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 29, 2021

You can contest the ban, ask for explanation.

I am not familiar with the meaning, but if it is related to a registered brand you may have infringed on somebody's rights.

Consult with an attorney.

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If a book has entered public domain, do the original publishers still retain copyright on their first book production?

Or can an exact copy of the first book (same cover, design, formatting etc) be made and used commercially?

Thomas James
Thomas James answered on Dec 27, 2021

No element that is in the public domain is protected by copyright. Be aware, however, that the copyrights in different elements might have different owners and different durations.

1 Answer | Asked in Copyright and Intellectual Property on
Q: Can I use the names of Disney characters in my book?

Can I use the names of Disney characters in my book in order to illustrate the fact that characters are not randomly chosen? Basically, I want to illustrate through Maleficent, Sultan from Alladin, Merida from Brave that characters have some facial traits, and because of them they behave in the way... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2021

Probably not.

You need to consult with an attorney.

I will depend on the names you use, how generic they are, if you are copying the character.

Best luck.

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark on
Q: Is making fan illustrations based on Rick and Morty franchise and tokenizing them on tokenization platforms legal?

I've already seen some Rick and morty fan arts being soled on such platforms (opensea.io) but I wanted to make sure that it is actually legal. Plus I had a quick overview on the their trademarks on this website, and I found nothing to restrict selling jpeg files related to the series.

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2021

Most likely. You should consult with an attorney.

Q: Does this 9447159 patent cover all Fc heterodimeric cytokines with an antigen binding moiety (not just CEA-IL2)?

My question is whether this patent covers all heterodimeric immunoconjugates or immunocytokines as described in Claim 1. Specifically, cytokine could be any secreted growth factors that are not mentioned in the patent. Antigen binding moiety could mean any bivalent antibody although the patent... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2021

You need to hire a patent attorney or expert in the field to do this analysis for you.

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1 Answer | Asked in Intellectual Property for Maine on
Q: Would signing a “Name and Likeness agreement” give all rights of all of my music over to a company?

I am an up and coming musician. A company reached out giving me the opportunity to work on a song for them. Would signing the “Name and Likeness agreement” give them the rights to all of my music and branding or just for this one song?

Here is the excerpt I am concerned about: “... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2021

You need to hire an attorney to review it and propose changes.

That would be a typical clause but needs to be limited to only the work you are doing.

1 Answer | Asked in Family Law and Intellectual Property for Florida on
Q: Potential damage to family personal property.

I was at my fiance's grandmother's house who is storing some possessions of her son's. Her son gave her a Christmas tree, so we set it up for her. However, he had a top to another Christmas tree there that we thought belonged to the one he gave her . It didnt light up since it... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 13, 2021

If the son gave her the tree, it is not his. So no, he couldn't recover for negligent damage to the tree.

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