Intellectual Property Questions & Answers

Q: I want in buy the rights to an abandoned game and I can't find contact info for its owner, can anyone help?

1 Answer | Asked in Gaming and Intellectual Property on
Answered on Apr 20, 2018
Benton R Patterson III's answer
You may not need to buy the rights. A game is typically not protected by intellectual property rights. There may be trademark and copyright protection for certain game elements, such as illustrations or logos. Although, you could design around those. I recommend speaking with an intellectual property attorney about your business plans.
View Details »

Q: Not sure if I need to patent idea or not.

1 Answer | Asked in Copyright, Intellectual Property and Patents for Hawaii on
Answered on Apr 19, 2018
Kevin Flynn's answer
One step is to kick your search skills up a level with the tips in my slide set. http://bit.ly/Patent_Searching.

Next you may want to wade into Section 101 issues as some software ideas are no longer welcome at the Patent and Trademark Office. This may be getting deeper into the weeds than you would like.

Most entrepreneurs are not likely to take this deep a dive into patent law nuances. However, if you are aware of the issues raised by the United States Supreme Court in...
View Details »

Q: Hello..I want to list the product on the FBA. I clarified that this product is not patented, but I want confirmation fro

2 Answers | Asked in Copyright, Intellectual Property and Patents on
Answered on Apr 19, 2018
Benton R Patterson III's answer
You will need to hire a patent attorney to provide an opinion letter on whether the product infringes a valid patent. This is a complex analysis and cannot be answered easily.
View Details »

Q: Is the Star trek logo/insignia trademarked

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Answered on Apr 19, 2018
Mr. Michael O. Stevens' answer
Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.
View Details »

Q: When the business you own is an LLC - is the LLC required on all signage, logo's, etc.

1 Answer | Asked in Copyright, Business Formation, Intellectual Property and Trademark for Kansas on
Answered on Apr 17, 2018
Benton R Patterson III's answer
If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so. The decision will come down to how you use the logo and/or slogan, how valuable that branding is to your business, and what other businesses do. I recommend speaking with a trademark attorney in a...
View Details »

Q: Can I copyright a recipe?

1 Answer | Asked in Intellectual Property for New Jersey on
Answered on Apr 13, 2018
Jason Brooks' answer
Copyright law does not protect recipes that are mere listings of ingredients... Copyright protection may, however, extend to "substantial literary expression"—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook.
View Details »

Q: Hi there just wondering if I had this display patent back in 1990 is there a way to update the patent since I.T. had

1 Answer | Asked in Copyright, Intellectual Property and Patents for Florida on
Answered on Apr 13, 2018
Kevin Flynn's answer
You cannot update an issued patent to expand coverage. You can file a new patent application. The Bell patent on the telephone was filed more than 100 years ago and there are still lots of new patent applications on the telephone.

Keep in mind, that your new application will need to be inventive over your old patent.

Intellectual Property is an umbrella term that includes patents, copyrights, trademarks, trade secrets, know-how, show-how, data bases, and other related...
View Details »

Q: where can i find an advocater to help file for erroenous conviction in california?

1 Answer | Asked in Criminal Law, Civil Rights, Intellectual Property and Libel & Slander for California on
Answered on Apr 12, 2018
Hayden Gifford Smith's answer
Are you the aggrieved party? In other words, are you saying that you wrongully imprisoned? Did you serve out the sentence?
View Details »

Q: What happens to things after someone passes?

1 Answer | Asked in Criminal Law, Divorce, Arbitration / Mediation Law and Intellectual Property for Texas on
Answered on Apr 12, 2018
Grant St Julian III's answer
Call a local probate attorney in your area. I do not practice in this area of law, but if you call my office, I can provide contact information of some attorneys who can help you. Good luck.
View Details »

Q: Man's new partner writing children's book, using child's real name. Legal mother doesn't know. Is this legal?

1 Answer | Asked in Family Law and Intellectual Property for Ohio on
Answered on Apr 10, 2018
Joseph Jaap's answer
It isn't against a law. But the custodial parent might have a civil claim for invasion of privacy or unauthorized use of the child's name or likeness without permission. So the author is risking a lawsuit and should use the Find a Lawyer tab to consult a local attorney, or use a different name in the book.
View Details »

Q: Is it legal to re-sell a chinese trademarked item, and is it necessary to get permission from the manufacturer?

1 Answer | Asked in Intellectual Property on
Answered on Apr 10, 2018
Jingzhan Wang's answer
consider two aspects:

1.Is the licensed trademark only registered in China or it has an international registration?

2. are you going to resell it in China or anywhere else?
View Details »

Q: Property (water pipes & heating) damages caused by lending company whom are trying to foreclose. What can we do

1 Answer | Asked in Intellectual Property and Real Estate Law for New Jersey on
Answered on Apr 9, 2018
Leonard R. Boyer's answer
Your situation requires an in person consultation with both an experienced mortgage foreclosure defense attorney and a civil litigation attorney. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have...
View Details »

Q: I entered an agreement with an LLC based on a false info provided by it sole owner, can I sue the owner personally?

1 Answer | Asked in Contracts, Intellectual Property and Internet Law for California on
Answered on Apr 9, 2018
Benton R Patterson III's answer
If the owner personally made a material misrepresentation, then yes, you would be able to sue him or her personally. I recommend speaking with an attorney would has handled these type cases in your state.
View Details »

Q: Is it possible to register an identical trademark name in the same class, for complete different products?

1 Answer | Asked in Intellectual Property and Trademark for New York on
Answered on Apr 9, 2018
Benton R Patterson III's answer
Yes, it is possible for two different products to share the same trademark, even though both products fall under the same trademark class.
View Details »

Q: have any patents been filed in regard to the new lithium extraction process developed by John Burba?

2 Answers | Asked in Intellectual Property and Patents for Massachusetts on
Answered on Apr 7, 2018
Peter D. Mlynek's answer
Yes, he has several dozen patents related to lithium, including extraction process from brine.

Some (but not necessarily all) of the patent applications that he is listed as an inventor are found in the following list:

http://appft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=0&f=S&l=50&TERM1=burba&FIELD1=IN&co1=AND&TERM2=lithium&FIELD2=&d=PG01

Some (but not necessarily all) of the patents on which he is listed as an...
View Details »

Q: Is it bad faith if I registered a domain name I let expire years ago when it became available again?

1 Answer | Asked in Intellectual Property and Trademark for New York on
Answered on Mar 24, 2018
Gary Lane's answer
Domains are on the market like any other product. You have every right to purchase any Domain you like. Look for the best deal - usually, the first year is less expensive. Good Luck.
View Details »

Q: Can I include a claim based on an old expired provisional patent application into a new application

2 Answers | Asked in Intellectual Property and Patents for Maryland on
Answered on Mar 14, 2018
Kevin Flynn's answer
If you are seeking to file a patent application to claim something in a provisional application by some other inventor -- that does not work as you need to be the original inventor. You cannot file a patent application on a good idea that someone else had -- even if they did not seek to claim that invention in a later patent application.

If you filed a provisional application A and then filed a non-provisional application B before A expired and you want to claim material that was in...
View Details »

Q: Is the case of film/synopsis/trailer copyrights infringement worth suing?

2 Answers | Asked in Copyright and Intellectual Property for California on
Answered on Mar 12, 2018
Louis George Fazzi's answer
The situation you describe certainly warrants a meeting with competent intellectual property attorney(s). You are in the right area to find some of the best IP lawyers in the country. I'm sure an initial meeting to determine whether the case is worth pursuing would be free.
View Details »

Q: If I was assaulted while I was in the nail shop is that considered their fault for not calling police or security?

4 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Intellectual Property for California on
Answered on Mar 12, 2018
Dale S. Gribow's answer
if the police know the man pressure them to file on him

the nail shop does not have exposure but they should have called police.

maybe they were concerned some of their employees were not "legal"???
View Details »

Q: What happens if you come across an invention w/status of "abandoned" on the application? Can you move forward with it?

1 Answer | Asked in Intellectual Property and Patents for Virginia on
Answered on Mar 7, 2018
Kevin Flynn's answer
If an application is abandoned far enough back that it is not a situation where the response was lost in the mail (and may be revived), then you should check three things.

1) Sometimes when things are not going well, an applicant will file a continuation or a continuation-in-part and continue seeking patent protection under that new serial number. If you look at the application that is abandoned in Public PAIR -- you can check the tab labelled continuity data to see if this has...
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.