Intellectual Property Questions & Answers

Q: How to ask permission from a website to use their product photos to sell the same products on a different platfrom.

1 Answer | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Florida on
Answered on Aug 16, 2017

This type of advice will be best to obtain from a lawyer you hire versus this question and answer blog. You likely need to speak with a copyright attorney and or an international law attorney as your question brings into play both types or areas of law.
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Q: Can the products that are patented & sold in US,UK be sold in other countries? What are the legal things to consider ?

1 Answer | Asked in Copyright, Intellectual Property, Patents and Products Liability on
Answered on Aug 16, 2017

The idea behind patent law is that a patent provides the patent owner certain rights within the borders of the country.

So if there are two patents for a product, one in the US and one in the UK, and nowhere else, then you are not able to make, use, sell, offer for sale, etc., within the US and the UK, but it is OK elsewhere.

You have to be careful, though. You have to make sure that ALL of the activities are taken place outside of US and UK.

And you also have to be...
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Q: Can I post content in blogs with the knowledge I acquired from courses online?

1 Answer | Asked in Intellectual Property on
Answered on Aug 14, 2017

United States copyright law protects the "expression" of ideas, not the ideas themselves. Therefore, knowledge you have gained from online courses can be used for commercial purposes so long as you do not wholesale copy and we publish their materials and publications. You may want to check the terms and conditions so she with the courses to see if the license imposed on the additional restrictions.
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Q: What release forms do I need?

2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Answered on Aug 13, 2017

You may need a lawyer to draft such documents so that they're tailored to your needs. If you're a minor, then a parent may need to hire the lawyer for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and...
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Q: Are USB C Hub Devices with 4 to 8 ports patented?

2 Answers | Asked in Intellectual Property, Patents and Products Liability for New Jersey on
Answered on Aug 12, 2017

If you have violated another person's intellectual property rights, by making the devices that you are selling, yes you can be in violation of criminal laws, and subject to very harsh financial penalties (under civil aspects of patent violation or copyright laws) and possible jail time.

Take the time to talk to an intellectual property attorney, on how to go about selling your products, so you won't have to be looking over your shoulder.
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Q: Can I use a theme from something that's trademarked if I'm using it in a completely different field/context?

1 Answer | Asked in Intellectual Property and Trademark for North Carolina on
Answered on Aug 10, 2017

The key question is: will this cause consumer confusion?

This is a question that can only be answered by a judge, but an attorney can assist you. I am not your attorney, and this incredibly fact-specific question would require careful examination of facts outside of what is contained in your posted question. As such, you should not rely on anything stated below as legal advice.

Is it likely or possible that a consumer will believe that your product is associated or endorsed by...
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Q: Hello. I would like to ask if the japanese red bean cake's shape(somewhat thin cylinder) is patented? Thank you.

1 Answer | Asked in Copyright, Intellectual Property and Patents for California on
Answered on Aug 9, 2017

If you are doing this as a hobby, there is a possibility that this might not matter. If you are going to invest money in a new business, it is likely that consulting an attorney would be a good idea. The few facts given in the question seem to indicate that there may be issues involved in addition to patent law.

See the disclaimer at the bottom of this page.
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Q: Are red bean cakes shape and its regular cooking tool patented? They can be seen on youtube. Thank you.

1 Answer | Asked in Copyright, Intellectual Property and Patents for California on
Answered on Aug 8, 2017

With regards to the "red bean cakes shape", I don't know, but I doubt that someone can receive a strong patent for it. Bean shapes (say r = sin^3(a) + cos^3(a)) have been around for a long time. Moreover, even if someone would be successful in getting such a patent, it would be difficult to enforce such a patent. I am not saying that it is impossible, but it would be difficult.

With regards to the tool, it could be patented. Go buy the tool, take a look at the tool, and somewhere on...
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Q: Will I be able to use the likeness of presidents and celebrities for an app as characters. I would not use their names.

1 Answer | Asked in Business Law, Gaming, Intellectual Property and Libel & Slander for Florida on
Answered on Aug 8, 2017

You should repost this question under the heading of intellectual property and copyright law. That will likely get you better answers from attorneys that deal with intellectual property rights.
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Q: Hello!

1 Answer | Asked in Copyright, Civil Rights, Intellectual Property and International Law for Florida on
Answered on Aug 8, 2017

Develop a description of your product that does not reveal any of the protected information. Once you get a company interested, pay a lawyer for a Non-Disclosure Agreement, commonly called an NDA. Get it signed before you reveal anything identifiable.
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Q: I created a original tune and a dj remixed it to the beat of a popular hit. can I use it on social media free?

1 Answer | Asked in Internet Law and Intellectual Property for Texas on
Answered on Aug 8, 2017

You would likely need the permission of both the DJ and the creator of the popular hit.
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Q: Domain name already registered, does this mean that this name is trademarked?

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Answered on Aug 8, 2017

The first thing that you need to keep in mind is that having rights to a trademark and registering it, either with the U.S. Patent and Trademark Office, a foreign trademark office, or a state entity, are entirely different things. People can hold valid rights to a trademark without having ever registered it formally, though they will generally need to complete registration in order to enforce their rights. Rights to a trademark arise from use of a mark in commerce in conjunction with products...
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Q: Hey, what does this mean? "ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY"

2 Answers | Asked in Intellectual Property and Trademark for New York on
Answered on Aug 8, 2017

It literally means exactly what it says... But if you want further explanation please give the exact detailed context of where you saw that...
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Q: Is it legal to sell a dice game based on a real copyrighted game for fake currency that has no real world value

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Answered on Aug 7, 2017

This is a difficult question to answer without studying the two games in detail because there are several aspects of a game that can be copyrighted. But, I can try to give a few pointers. Illustrations and the bone shaped pieces are protected by copyright. Basic game of chance concepts with dice are not protected by copyright. The fact that the new game is not sold for money would not avoid copyright infringement. Displaying, distributing, and reproducing a copyrighted work are all forms...
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Q: I want to start a blog called 'Tinderella Worldwide' about dating and travel. Is this infringing Tinder's copyrights?

1 Answer | Asked in Intellectual Property on
Answered on Aug 7, 2017

You likely run the risk of infringing on the Tinder trademark by naming a dating blog Tinderella Worldwide, even if you do change the colors and logo. The subject matter is the same and your name incorporates a fairly well known and distinctive trademark.
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Q: What does etal mean after a persons name on property tax bill

1 Answer | Asked in Intellectual Property, Real Estate Law and Tax Law for Maryland on
Answered on Aug 7, 2017

It usually refers to additional owners other than the first named owner. For example, if a property was owned jointly by Abe, Bill, and Charles, the bill may say Abe, et al.
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Q: What should I say to successfully obtain the rights for an abandoned/dead mark from the original trademark registrants?

1 Answer | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Answered on Aug 7, 2017

You probably do not need anything from the original owner if the mark expired 10 years ago. Once a trademark expires, the registration terminates. The former owner no longer owns a federal registration. Although, there could be some other common law rights to the mark. To be certain the mark is clear, you would need to have a trademark search conducted. A trademark attorney can provide a search.
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Q: I wish to register a trademark for the name "Beard Burst" however there is already a trademark for the name Hair Burst

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Answered on Aug 7, 2017

There is a real possibility that the names are too similar for you to obtain a trademark, especially if the products are similar. I recommend presenting all the facts to a trademark attorney.
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Q: is public access tv considered public domain?

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Answered on Aug 7, 2017

Probably not, contact the shows producers and ask for permission / a license.
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Q: If I file one US patent application having plural inventions, can I file plural PCT applications from it ?

1 Answer | Asked in Intellectual Property and Patents on
Answered on Aug 6, 2017

Well, if it is within the 1-year window, yes you should be able to file two PCT patent application claiming priority to a single US patent.

But this is generally not done. I am not sure that it is necessarily a good idea to file two PCT applications (but it is possible that there are some instances which I am not seeing)

Firstly, it is cheaper to file it in one application, rather than have 2 applications.

Secondly, you do not know for sure if the two inventions are...
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