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Intellectual Property Questions & Answers
1 Answer | Asked in Business Law and Intellectual Property for Florida on
Q: I own an LLC and my partner's breached their fiduciary duties and are demanding assets that will result in layoffs...

I own an LLC (65% share), and my two business partners (35% share - they invested prior to joining as manager-members if that matters) decided to start a competing company while still a manager-member of my company while before it was dissolved. This new company they formed is 100% direct... Read more »

Jane Kim
Jane Kim answered on Sep 25, 2021

I’m not sure it is possible to answer this question intelligently due to insufficient facts. How are they member-managers if there’s no operating agreement? And you’re right, fiduciary duty would attach to member-managers. You need to retain a business lawyer to get into the facts in order... Read more »

1 Answer | Asked in Intellectual Property for Michigan on
Q: ex put glitter all over my property

she brought back my sweatshirts and she put a huge amount of glitter in them and made glitter spill on my apt floor

Brent T. Geers
Brent T. Geers answered on Sep 24, 2021

Make a police report if you'd like. Otherwise, wash the sweatshirts, vacuum the floor, and vow to never deal with this woman again.

1 Answer | Asked in Civil Litigation, Construction Law, Intellectual Property and Small Claims for California on
Q: What is the law regarding replacing sentimental property that is damaged in the state of California

I had a leak in my ceiling in the apartment I rent. They rushed me out put me in another apartment but they damaged a lot of my property and a lot of it with sentimental value including an airplane propeller that my ex-boyfriend UPS to me when I got my bachelor's degree from flight school he... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

This would not be an intellectual property question, but there's not really a law in regards to this. This would be more appropriately a question for the insurance company that was used to fix the ceiling. As far as I know though, most insurance companies don't give any additional value... Read more »

2 Answers | Asked in Intellectual Property for California on
Q: Would a website with a brand name in its domain infringe if it linked to sites offering services similar to that brand?

For example, would the domain name degoogle.com infringe on Google's trademark if the website at that domain displayed affiliate links to more private alternatives to Google's services, such as email, online documents, etc.?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 22, 2021

Yes it would.

Consult with and Attorney.

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Is this patent (10699605) only for the US or Europe too? I was thinking of using a similar idea regarding messages.

I was thinking of building something similar to vestaboard, inspired by pop culture: Sending messages through a board where flaps spin around an axis and stop at the correct moment to show the character. Will I be able to sell it in Europe?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 20, 2021

Consult with an attorney for a searc.

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1 Answer | Asked in Personal Injury, Intellectual Property and Libel & Slander for Georgia on
Q: Someone was using my IPad at church to run the church cameras. Then they took upon themselves to read all my texts and

show it to other people. Is this illegal? Is the computer invasion of privacy?

Tim Akpinar
Tim Akpinar answered on Sep 19, 2021

A Georgia attorney could advise best, but your question remains open for three weeks. It could be considered an invasion of privacy from a textbook basis. But from a practical standpoint, it could be difficult to arrange for the matter to be handled on a contingency basis - which could mean that a... Read more »

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I am using a paid language learning program to study a language and wondered if making flashcards would be infringing

I am using a paid language learning program to study a language. I want to make my own flashcards based on the words I learned. It will only be accessible to me. Would I be infringing on their copyright and databases? I know the companies compile words in categories and levels.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 16, 2021

You would need to consult with an attorney

Most likely the infringement is discovered when the copied work is put in commerce

1 Answer | Asked in Business Law and Intellectual Property for Arizona on
Q: Can I teach martial arts?

So I've been Practicing Taekwondo for 7 years now and had been considering teaching kick boxing on the side for some extra cash, and my Instructor had said that if I tried to teach martial arts outside of the school I could be sued because of copy right, could they possibly do that?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 12, 2021

You should consult with an attorney

But as long as you are not taking content, printed or recorded, from somebody else, and as long as you are not violating any employment or NDA, you can be ok

1 Answer | Asked in Constitutional Law and Intellectual Property for California on
Q: today the company came and told us that we needed to take out all our things from storage room that they are going to

Board them up we have been living hear for 11yrs and we've had it since then

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Unless occupancy of the storage room is a part of your lease, you need to remove your property before it is disposed of by the owners. If you have a right to the storage area by your lease, then you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Family Law, Elder Law, Intellectual Property and Landlord - Tenant for California on
Q: Hi there, I'm sorry to bother you...I don’t know what to do…

… I have an older sister that is a meth addict and her daughter also following in her footsteps. They both live with my parents that are from the age of 77 to 84. In the short, my sister and loser daughter are stealing money from my parents, blackmailing my dad and pressuring my dad to help them... Read more »

Sally Bergman
Sally Bergman answered on Sep 10, 2021

You should immediately call Adult Protective Services who will investigate. Your parents can file for an Elder Abuse Restraining Order and can likely have your sister and her daughter removed from the home. If your parents will not support that action, you may need to consider filing for... Read more »

1 Answer | Asked in Intellectual Property and Landlord - Tenant for Ohio on
Q: Can I immediately evict a tenant if they threaten property damage through text? He’s also verbally threatened my fiancé.

He’s been staying with us for awhile, he hasn’t paid rent this month and hasn’t paid bills from the month prior. He also made himself a liability when he constantly gets drunk and plays with his firearms. When confronted, he verbally threatened my fiancé while I was at work and told us he... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 8, 2021

If rent is unpaid, deliver a 3-day notice to vacate, then file an eviction action. If you just change the the locks and throw his things outside, he could sue you for wrongful eviction. Use the Find a Lawyer tab to retain a local attorney to assist you.

3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Iowa on
Q: I need to know if this is breaching a Patent.

For school, I am planning a a Solar Array for the roof a vehicle such as a Pickup Truck or Van. My idea is similar to an existing patent, Patent Publication Number 20180175785, however my idea is smaller in size, by more than half, and designed for a different purpose, renewable energy generation... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Sep 2, 2021

The issue is how different is your invention from other products claimed in patents and patent applications, or disclosed in the literature. You should consult a patent attorney to assist you with a patentability evaluation of your product.

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2 Answers | Asked in Copyright, Divorce and Intellectual Property for California on
Q: Is a video on a YouTube channel considered property?

During my marriage, my ex-wife shot video of our daughter, and years later I put it on a YouTube channel while we were still married but intending to divorce. Is the video, now that I've been divorced a few years, considered both of our property (as I've assumed), or her property since... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 30, 2021

Yes it is.

Your challenge is the valuation.

The big debate could be the current and/or future value and how to split.

You should consult with an ttorney

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1 Answer | Asked in Business Law, Contracts, Copyright and Intellectual Property on
Q: Does an exclusive license to resell prohibit the licensor themself to sell the product?

Assume a licensor grants an exclusive license to RESELL the agreement's Plan Offerings to a licensee. Does this legally bind the licensor to not sell the product, e.g. through their own website, or OTC?

Assume the licensee is granted at the same time a non-exclusive license to... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 24, 2021

Hard to tell. You definitely need to consult an attorney.

But licenses can be drafted in many ways.

From exclusive, to partial exclusivity.

1 Answer | Asked in Employment Law and Intellectual Property for Ohio on
Q: I want to put something I created into my portfolio, but I work under an NDA and employer IP rights.

I'm a designer. The item is available for public availability on the company website and in advertising. It's to showcase for my personal portfolio for future employers. I signed an NDA when I was hired and our employee handbook shows my employer has exclusive rights to anything and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 18, 2021

Depending on what it is you probably are out of luck

Consult with an attorney

You may be able to create something similar to show, something that is not infringing in your employer's rights

1 Answer | Asked in Intellectual Property for New Jersey on
Q: Is this DMCA notice valid? Can shopify deactivate my listing based on an invalid notice?

Shopify took down my listing on my website based on a DMCA takedown notice which doesn’t have any contact information, sender’s name or signature!! Is this even considered a valid notice? They are asking me to file a counter, but my question is whom do I file counter to? I don’t even know who... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 18, 2021

They do not want to be in the position of deciding who is the rightful owner of the intellectual property

Consult with an attorney.

1 Answer | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can Shopify even do this? What are my legal options here?

Shopify took down my listing on my website based on a DMCA takedown notice which doesn’t have any contact information, sender’s name or signature!! Is this even considered a valid notice? They are asking me to file a counter, but my question is whom do I file counter to? I don’t even know who... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 18, 2021

Yes they can

They do not want to be in the position of deciding who is the rightful owner of the intellectual property

1 Answer | Asked in Intellectual Property for Michigan on
Q: I am looking for advice on an Intellectual Property Infringement issue.

I got an Intellectual Property Infringement claim against us on our Etsy store for using photos sent in from customers that contained Gibson guitars. Gibson filed the claim and had our listings deactivated on etsy. I am working with them to get this resolved but I was wondering if I was to blur out... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 17, 2021

No, if it is a picture created by somebody else, you can not use it.

You are better off getting a no-brand guitar, take your own pictures.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Affixing one mold design to another to create my idea, is that patentable?

I'm taking a premade mold others made to create the design idea required to create my finished product idea. I'm not claiming their molds individually; but using them to make my creation of an end product.

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 15, 2021

Patent? maybe not.

You need to consult with an attorney to evaluate your options.

2 Answers | Asked in Business Law, Contracts and Intellectual Property for California on
Q: If a consulting contract was breached by the client seriously, do I need a ruling to determine it is material?

A client five years ago not only breached a contract by refusing to pay a significant portion of invoices, but also failed to honor several terms such as patenting the work himself without credit or consideration, was destructive to several professional relationships, caused distress, and more.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 14, 2021

Check statute of limitations.

Depending on how long the contract has been paused, that may be a termination of the contract.

Consult with an attorney.

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