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Intellectual Property Questions & Answers

1 Answer | Asked in Intellectual Property and Trademark for Virginia on

Q: If we want to trademark "Feel Good Skin Care," is Aveeno Feel Good Skin too close to be able to get a trademark?

Karima Gulick answered on Aug 20, 2019

it depends on the classes they're using the mark for and the ones you're planning on using the mark for. If it's for the same goods/services and they've been using the mark longer, then it would be an issue. You should consult a trademark attorney.

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Arizona on

Q: Question re: intellectual property (software, trademarks), closing a CA LLC partnership, and marital property and debt.

I want to hire someone for legal advice but don't know what type attorney I need.

I had my own IT business prior to marriage. While married I formed a CA LLC partnership with then husband and a family member of his.

I filed for divorce and it went through uncontested, but the LLC... Read more »

Karima Gulick answered on Aug 20, 2019

you need a business attorney and possibly a family lawyer as well.

1 Answer | Asked in Consumer Law, Intellectual Property and Patents (Intellectual Property) on

Q: Can I take a patented product add additional functionality and then package as a new product?

We found a few patented products with cable wired control knobs and buttons. We developed wireless solutions for these products adding functionality and optimisation. Can we incorporate the patented products with our wireless solutions and sell it as a new product with out infringing on the patent?... Read more »

Peter D. Mlynek answered on Aug 20, 2019

Generally, you cannot avoid infringement by adding features to a patented product. But it really depends on what the patent claims say.

You need to hire a patent attorney to be able to determine what to do. Relying on advice from strangers on the internet makes little sense.

1 Answer | Asked in Employment Law, Business Formation, Business Law and Intellectual Property for Tennessee on

Q: Deformation, lost wages, emotional distress. Investor for start up. Wanted 40% after 3mo in. Can I sue!

Contracts with local clients- established. Investor wanted to deposit “monies” from unknown sources into business account. I am a Lease holder and investor has put myself and the employees out. Investor has made slanderous comments to members of the business community. I have lost all wages,... Read more »

Frank J. Steiner answered on Aug 19, 2019

Based on the facts provided you may have a claim for tortious interference with business relationship.

1 Answer | Asked in Intellectual Property and Criminal Law for Oklahoma on

Q: If a vehicle has been abandoned on ur property for more than 30 days and u have the title can u sell it

Keegan Kelley Harroz answered on Aug 16, 2019

You cannot sell a vehicle unless the title is in your name. Your attorney can file the appropriate paperwork to have the vehicle titled in your name if you meet certain qualifications.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Intellectual Property for Oklahoma on

Q: Grantee filed fraudulent deed, when grantor was deceased & allotment was restricted under indian law, what can be done?

Nina Whitehurst answered on Aug 16, 2019

And attorney can help you file an action to quiet title.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for California on

Q: Is it possible to patent a voyage?

A thematic cruise route spanning over 4 continents and 10 cities.

Kevin E. Flynn answered on Aug 16, 2019

This does not sound like a fit for the patent system.

35 USC 101

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on

Q: Does a patent done in the US cover all parts of the world? Does the patent for wighat D814149 extend outside the US?

I want to know if a patent done in the US protects the design in other parts of the world.

What happens if someone else outside of the US also has same idea? Can they go on and bring their idea to life if they're in another part of the world, say West Africa?

Kevin E. Flynn answered on Aug 6, 2019

A patent only applies in the country or regional group that issued the patent. A patent applies to things made in that country and to things brought into that country. If a product is created outside the US and never enters the US, then a US patent is not relevant.

Many companies will...
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1 Answer | Asked in Copyright and Intellectual Property for California on

Q: Hi! I´m an illustrator and i wanted to know if it is necessary to trademark my name and copyright my work or is it not?

I have heard that the copyright is automatic when I create my work and I would be using my name but I wanted to know if it is necessary to trademark it and copyright my work to have any protection or if it is enough to creeate it and use the symbol on the work without paying. Thanks

Jason Brooks answered on Aug 5, 2019

By law, a Common Law copyright is created the moment you put your work into tangible form (i.e. once you create an actual work, beyond just the idea in your head). If you have a copyrighted work, you are authorized to sue for damages if someone uses that work without authorization, however with... Read more »

1 Answer | Asked in Trademark and Intellectual Property for New York on

Q: Please let me the process and needed documents to get tradmark.

Sir, would you tell me the process for getting trademark, and required documents. and how much time it take to get it.

Jason Brooks answered on Aug 5, 2019

Trademark applications for US registration are filed online via USPTO.org -- for a new registration, the costs are $275 per mark, per "class", plus whatever service fees your lawyer or service agency charges (if you choose to use assistance) -- It's possible to prepare the application yourself, but... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Louisiana on

Q: Does copyright filed in the UK apply in the US? And if the products are cosmetic and similar does that apply?

I received a message from someone on Facebook regarding some cosmetic brushes that I customize in my free time and that I have sold to a few people. They claim that their brushes, which are similar, are copyrighted but I see no proof of it on the website or elsewhere. They are also located in the... Read more »

Warren V. Norred answered on Aug 1, 2019

A work registered in the UK may be enforced here under the Berne Convention, but I'd ask them to give you proof of copyright.

1 Answer | Asked in Copyright, Intellectual Property and Internet Law on

Q: Fair use to generate transcripts of others' YouTube videos for purposes of research?

I am a doctoral candidate conducting research on social media, specifically the YouTube platform. Is it fair use for me to prepare transcripts of publicly accessible YouTube videos that I am not the creator of for the purposes of research? The transcripts will not be re-sold, but strictly used for... Read more »

Warren V. Norred answered on Aug 1, 2019

This appears to be a classic Fair Use and if you aren't using it for commercial purposes, the factors of Fair Use should lean toward allowing your use. My initial two cents is that you are fine.

I'd probably want to give credit to Youtube and the content creators in your research.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on

Q: Hello, If I see a trademark name has expired and not been renewed, can I claim that ?

See information on Durysta

Jason Brooks answered on Jul 31, 2019

Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process requires the... Read more »

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for California on

Q: Can I withdraw from a partnership LLC but keep trademarks? Moving from CA to AZ.

I was a sole proprietor consultant and developed a software application, then got married. My then-spouse and I reorganized as a partnership LLC in CA. I don't think we have an operating agreement.

We are equal partners with his mom being a 2% partner, but I do all the actual work of the... Read more »

John Martin Hilla answered on Jul 30, 2019

If the application(s) for the trademarks' registration filed with the USPTO lists the LLC as owner, the LLC remains the owner regardless of your LLC's status, dissolved or otherwise.

The LLC will need to transfer ownership to you or your new entity. You should consult a California business...
Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on

Q: Is this patent for invention, design or utility? Can someone with similar(but not exact) design sells own bag?

Infringement type: D816,988

Complaint ID: 6285184641

-- Ken.McLauchlin@mail.com

Its a bag with combo lock. My bag is lightly fatter then this designed in the patent. Also, my bag has bag handle from the left side. The design in the patent has handle on the right side. Is... Read more »

Kevin E. Flynn answered on Jul 30, 2019

Your question as conveyed to the attorneys did not include the patent number. You may want to ask the question again with the patent number.

Here are some items that may help. If the patent number starts with a "D", then it is for the ornamental design. You can sell a product that...
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1 Answer | Asked in Intellectual Property for Florida on

Q: Somebody put my license plate online without my permission can they get in trouble?

Linda Liang answered on Jul 26, 2019

Your license plate on your car? Since license plate was issued to you, not created by you, the person might be responsible for your harm in some other way, but it doesn't seem to be for infringement of Intellectual property

1 Answer | Asked in Copyright and Intellectual Property for Texas on

Q: I am writing a screenplay for a biopic of a celebrity and I am wondering if I have the rights to sell the script.

I got all the information about the events that occur in the script from books written about the events and public information. I just want to know if I need to acquire any special rights or am I allowed to sell the script as is. And also am I allowed to copyright the script?

Jason Brooks answered on Jul 25, 2019

You may copyright the script, and sell it, however the celebrity's life rights must be obtained before the script could be produced. A buyer would most likely condition the sale on the ability to clear those rights. If you have additional questions or need clarification you can feel free to email... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Insurance Bad Faith and Intellectual Property for New Jersey on

Q: Got a hit and run lawyers letter. I hit a cyclist he was fine we didn’t call the police.

hit a cyclist stopped my car and checked he was ok. He was fine just complained bike was damaged. No police called I didn’t make any police report. I now received a hit and run letter from a lawyer claiming property damage. What do I do. The cyclist came out in front of me on a roundabout.

H. Scott Aalsberg Esq. answered on Jul 25, 2019

If charged by the police get yourself a good Criminal lawyer you will be facing loss of your license and jail time. If not charged but just received a letter from a lawyer notify your insurance company and if you didn't have insurance or enough insurance hire your own lawyer to defend the case.

1 Answer | Asked in Intellectual Property and Trademark on

Q: Can I get stuck in trademark infringement issues from a different industry?

I have a comic book series that I'm currently writing. I have a title in mind and did a search on existing trademarks. I found one conflict exists for a brand of beer with the same name under classification 32. Considering they're in completely different industries, what are the issues, if any,... Read more »

Will Blackton answered on Jul 23, 2019

If you use another company's name, brand, logo, mascot, etc. in a way that could cause consumer confusion (lead customers to think your product is affiliated with the company or officially licensed by the company with the same name) then you can be sued for trademark infringement. So, the key... Read more »

2 Answers | Asked in Intellectual Property for Ohio on

Q: I have a software company; how do I file a trademark for my brand?

Andrew H Stevens answered on Jul 23, 2019

You can file trademarks at two levels - the state level and the federal level.

The federal level generally provides the stronger trademark, and you file with the U.S. Patent and Trademark Office.

Given that you're software, you'll probably want to file in international class 009...
Read more »

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