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Intellectual Property Questions & Answers
2 Answers | Asked in Intellectual Property for Indiana on
Q: I'm interested in acquiring a trademark for a piece of media I'm working on, how would I go about this?

The name of said media is 'Dreams of Fear' and I was just curios about the entire process of registering a trademark. I've looked into it a little bit before, but nothing too serious. Now the project is beginning to develop some serious steam and I want to cover myself before... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 13, 2020

An attorney would need to do a strategy call to be able to best tell you what can be done. It depends on the type of media, the use, etc. Feel free to call or email me to discus further.

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1 Answer | Asked in Intellectual Property on
Q: Can I publish information about a patent, that has an application number assigned to it but still under processing

I have a patent application under processing in the USPOT with assigned number 15/015,449, which you can find information about it in this platform JUSTICA. I want to publish a conference or journal paper that may have some descriptions and layout of my invention, is that going to be harmful or... Read more »

John Brian Hudak
John Brian Hudak answered on Jul 12, 2020

If you have used a previous attorney – usually he/she is the best person to contact related to the application. If that is not an option, review the application on Public Pair, by searching under your application number. Public Pair will give more documents about the status of the application.... Read more »

2 Answers | Asked in Intellectual Property for New Mexico on
Q: How do I assign my patent in aerospace to Airbus. This patent has the potential of revolutionizing air travel.
William Scott Goldman
William Scott Goldman answered on Jul 10, 2020

Well, if Airbus has expressed interest and you've already negotiated a purchase agreement, then one of the patent lawyers on this site should be able to assist with drafting the assignment.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Hello, what is the process to transfer a trademark ownership? thanks
Evelyn Suero
Evelyn Suero answered on Jul 9, 2020

The process of transferring a trademark is referred to as a trademark assignment.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Can I trademark Floyd D Duck? I think the trademark has lapsed
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to... Read more »

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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Hello, I would like to enquire if using a specific type of solid fuel in a piston engine is uniquely patentable?

A solid fuel piston engine, with a specific fuel type with a specific waste types.

Kevin E. Flynn
Kevin E. Flynn answered on Jul 7, 2020

This is a public forum and not the place to share your innovative concepts. I encourage you to share the nuances of your idea only with a patent attorney that you are interviewing to hire. The attorney-client privilege attaches early so you can share confidential information to interview... Read more »

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2 Answers | Asked in Intellectual Property for Virginia on
Q: Is my device patent-able?

Out of my garage, I created a device for elderly and vision-impaired assistance, out of commercially available components and open source code that enhances a particular medical companies system... Is it patentable? And after it is patented, I would like to approach the medical company with the... Read more »

William Scott Goldman
William Scott Goldman answered on Jul 6, 2020

While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: If a person copyrights the summary and title of a patent, can anybody use the content of the summary to make decisions

Decisions that result in profit and loss without a license, and if so, how would that be prosecuted for damages. Such as short trade positions, and commodity trading, or purchasing of companies and or other patents.

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

Patents are not copyrightable, so anyone can make a copy of any patent. They just can't copy the invention.

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1 Answer | Asked in Intellectual Property for California on
Q: Who owns the Intellectual property ?

: Who owns the Intellectual property ?

Hi, I am a design engineer and 30% shareholder of a medical corporation and manufacturing engineer and 100% owner of a second corporation exclusively working for the first one. The two company are working under the same roof last 20 years. I would like... Read more »

Kathryn Perales
Kathryn Perales answered on Jul 3, 2020

The first thing to figure out is whether you have ever signed an invention assignment or other written agreement to assign your intellectual property rights to one of these companies. If so, those documents would give you the answer.

If not, California state law will govern, and it may...
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1 Answer | Asked in Intellectual Property for Pennsylvania on
Q: Business name intellectual property question

I want to start an HVAC repair business. I have a common last name in my area of the country (US), and I want to name the business using my last name. For the purposes of this post I'll use the pseudonym "Smith" - so I want to name my HVAC business "Smith Air Conditioning &... Read more »

Kathryn Perales
Kathryn Perales answered on Jul 3, 2020

Since your name is common, and you're naming your business a generic/descriptive name which describes exactly what you'll be doing, you probably won't have a trademark problem. Usually other people can't stop you from using your own name for your business. Best to search the... Read more »

1 Answer | Asked in Copyright, Insurance Bad Faith, Intellectual Property and Land Use & Zoning for California on
Q: Question, if this property belongs to the Indian reservation and the individual took it out unauthorized with a deed,

It would be considered fraud or no?

John Brian Hudak
John Brian Hudak answered on Jul 1, 2020

Consider contacting a local pro bono attorney group related to the issue. The specific facts would need to be reviewed to understand what happened and any possible wrongdoing.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: Question about patent scope

I am writing a patent that consists of separate components that could also be patented. My question is whether it would be better to patent each piece of technology individually or to include them all within the final marketable product.

Peter D. Mlynek
Peter D. Mlynek answered on Jun 28, 2020

Well, it is generally easiest and cleanest to put it into separate applications (because inventors typically come up with different components at different times, but I generally tend to put it all into one patent application, let the examiner restrict it, and then choose which way you want to go.... Read more »

1 Answer | Asked in Intellectual Property for Georgia on
Q: I am writing a book. Can I use a song title as a title of a chapter? I.E. Chap 1 Life in the Fast Lane?

I am writing a book based on my interpretation of the Hotel California album by Eagles. Can I name my chapters after the songs on the album?

John Brian Hudak
John Brian Hudak answered on Jun 26, 2020

Generally, short phrases – including titles of songs – are not protected by copyright law. A short phrase is not protectable because there is not sufficient authorship. That said, the more you take from someone else the more likely the other party will claim there was authorship -- maybe the... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Hello, i would like to know if a registered trademark has an expiry date?

A registered trademark will remain registered to the owner company forever? or it needs to be renewed?

if it expired, can someone else register its ownership? and can we know if a trademark is expired?

William Scott Goldman
William Scott Goldman answered on Jun 26, 2020

Yes, unlike patent and copyright registrations, both having clearly-defined expiration dates, trademark registrations can theoretically last forever as long as use is continuous. However, the trademark owner must file maintenance documents at regular intervals to demonstrate ongoing use: six years... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can I use footage of the Breeders' Cup (broadcasted by NBC Sports) in a YouTube video of my own?

I intend on editing (adding text and additional imagery) the original footage as well. I have seen other YouTube channels get away with using NBC Sports' footage by simply giving them credit.

John Brian Hudak
John Brian Hudak answered on Jun 24, 2020

Copyright generally gives of the owner of the work the exclusive right to copy and display the work. This means the owner is the only one allowed to copy or display … plus other rights. There are exceptions – one being fair use. Review the fair use factors on the copyright.gov website at:... Read more »

3 Answers | Asked in Contracts, Copyright and Intellectual Property for Pennsylvania on
Q: NDA for consultation?

I am paying a physics professor a consulting fee for help with a private entrepreneurial project. I haven't set anything up on my part as a business entity yet. But I want to protect the ideas I share while speaking with the professor during our consulting sessions. Can an NDA do the job, or... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 24, 2020

The NDA (which includes a non-compete provision) can be entered between two individuals - it does not need to be between business entities. Make sure the NDA is strong and thoroughly defines confidential information to include all forms that the information could be - in other words, the... Read more »

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1 Answer | Asked in Intellectual Property for Texas on
Q: Am I protected against copyright infringement for using work of an unpublished, unregistered book manuscript?

I have written a screenplay based on a true story that includes a forgotten historical figure, the man who researched and wrote about him, and myself, who found the lost manuscript of the deceased author and decided to tell their stories. My work is more derivative than adaptation, but still uses... Read more »

John Brian Hudak
John Brian Hudak answered on Jun 24, 2020

This situation has a lot of facts related to the situation.

You have spent such a significant amount of time working on the project so overall you will want to consult with a copyright/entertainment attorney. It would be an injustice for you to take anything from a message board as...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Hello, i would like to ask about the process to register a trademark. thanks

I work at an Information technology company named Intalio. We would like to register the Intalio trademark, and confirm if we can register one of our product names previously owned by another company that we acquired.

Evelyn Suero
Evelyn Suero answered on Jun 24, 2020

You can contact a trademark attorney such as myself via email to schedule a consultation regarding trademarks and the trademark process.

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: Good day, I have a copyright issue and I need some advise.

Good day,

I have an ecomerce platform and recently got an email about the use of a copyrighted image from a company called pixsy. I was unaware that the image was copyrighted and immediately removed it but after re-reading their message removal is not enough. They require payment to the... Read more »

Kathryn Perales
Kathryn Perales answered on Jun 22, 2020

There's a good chance that they are right - you should not ignore this. If they end up filing a lawsuit against you, REALLY don't ignore it. You may wish to talk to your own lawyer now to get a better idea of how strong their case is, or you could just try to negotiate them down to a... Read more »

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