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Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Trademark for Michigan on
Q: I am a US resident and need to protect my US registered trademark.

I am a US resident and need to protect my US registered trademark in Australia. I found that someone has stolen my mark and is using it for the same class of products as my brand. Could I use an Australian virtual mailing address to register my mark? On their trademark website, ipaustralia.gov.au,... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 23, 2020

Without knowing other key details here, I believe you should be able to do so. But registering your trademark after infringement may impact your claim for damages or injunctive relief. Feel free to reach out to me with any more questions!

1 Answer | Asked in Intellectual Property and Internet Law for Michigan on
Q: Can I sue my web designer?

I hired a web developer to design three websites. He bought my domain names and hosted the sites on his server for a year. Before they were set to expire, he contacted me to inquire about renewing hosting. I decided instead I would like to change hosting. The web developer then cut off my websites... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 23, 2020

Before giving you a definite answer, I would need to see the contract between you two. But generally speaking, this arrangement is a work-for-hire, and whatever he developed should belong to you. So you will likely have a claim for damages against him.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I need to continue with my trademark registrations because it shows like this Status: 602 - Abandoned-Failure To Respond

i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?

Timothy John Billick
Timothy John Billick answered on Sep 22, 2020

It depends on how long it has been abandoned. It is possible to revive if it has not been too long. I have revived several abandoned applications in the past, so if you would like some help, feel free to reach out!

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Does this patent also forbid companies in Europe to create MagLev doors? How long will this patent be valid?

Company in the Netherlands that wants to produce maglev doors

Kevin E. Flynn
Kevin E. Flynn answered on Sep 22, 2020

First, let me applaud your desire to avoid infringement of patent rights. It is smart to be careful about impinging on the rights of others.

To answer your question, someone would need to look and see what relevant patents are issued in Europe. Not every company seeks patent protection...
Read more »

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Probate for Pennsylvania on
Q: Disposition of valuable patents following death of inventor no probate filed-how to proceed-discover commercial uses?

Need advice re Highly valuable international energy saving patents authored by recently deceased inventor and assigned to small Pa. company in which I hold shares and from which I am owed $.

No will or probate action I can find. Death in early 2020. Processes now being used by Morton... Read more »

Michael Cherewka
Michael Cherewka answered on Sep 14, 2020

There are a lot of unknown facts in your question/scenario which require review of existing documents ( the Company documents -Bylaws or Operating Agreement / Buy-sell / your loans to Company) (the Assignment of patent rights) and possibly some research regarding registration of the patents and the... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I need to continue with my trademark registrations because it shows like this Status: 602 - Abandoned-Failure To Respond

i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?

Evelyn Suero
Evelyn Suero answered on Sep 11, 2020

A trademark application may show a status of abandoned for failure to respond to an office action correspondence from the USPTO. Depending on how long it has been since the notice of abandonment was sent, you may be able to file a Petition to Revive the application along with the required... Read more »

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Can I patent a similar product that’s on the market that has a different feature that makes it unique??
Kevin E. Flynn
Kevin E. Flynn answered on Sep 9, 2020

Yes you can. The telephone was first patented more than 100 years ago and people are still patenting improvements.

It is important to distinguish between patentability (the ability to get a new patent) and freedom-to-operate (the ability to make and sell your product in light of earlier...
Read more »

3 Answers | Asked in Intellectual Property and Trademark for Arizona on
Q: I was contacted by someone who says they own the trademark to a brand that I have been using since 2008. They filed 2015

How can I go after them to reverse the Trademark?

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 6, 2020

First, a point of clarification - a trademark and a trademark registration are not the same thing... they're kind of like a car and its title, or a house and its deed.

If you've been commercially using your mark since 2008 without a federal trademark registration, you have what...
Read more »

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1 Answer | Asked in Contracts, Copyright and Intellectual Property for California on
Q: Does an addendum to a talent release for services override the original release? Or is it in addition to?

Signed talent release for my services as an actor(music video) and photographer(still film self-portraits). Part of the release grants license for prod. co. to use photos I took on set but explicitly states I get to keep copyright/ownership of my photos (which I made sure they added in). Long after... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 6, 2020

You took the trouble to outline your matter in considerable detail and you await a response for five weeks. It could be difficult for the copyright, entertainment, and intellectual property attorneys here to answer your question. Any attorney is going to need to see the contract, and the format of... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Are the drawings in a patent also public domain when a patent is expired, or is there a copyright attached limiting use?

I'd like to print and sell drawings from expired patents as art pieces. Is this legal?

Kathryn Perales
Kathryn Perales answered on Sep 3, 2020

Drawings included in a published patent application are in the public domain, under long standing US law. In the unlikely event that a copyright notice is included on the patent drawing in the patent application, you should look twice. But, in most cases you can do whatever you want with... Read more »

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: THis company Simple Wishes seems to have patents on a pumping/nursing bra, yet so many companies make these??

I just don't understand how they can have a patent for something that multiple other companies make and sell?

Kevin E. Flynn
Kevin E. Flynn answered on Sep 3, 2020

Many companies have patents on aspects of how a laptop computer works. Many companies make laptops. Some have licenses from other companies to use certain patents.

Frequently a patent covers claims for a particular improvement to a product. That patent issues and only those with legal...
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I would like to trademark the name ab roller for example. Would I registered it as "the ab roller" or "ab roller"?

Furthermore, if I only register the trademark under the name " The Ab roller" can someone later on come and a file trademark under "Ab roller" for the same line of business being conducted?

Greatly appreciated your help~

Evelyn Suero
Evelyn Suero answered on Sep 2, 2020

Trademarks are registered in the exact way that they are used in commerce. If someone attempts to register a confusingly similar name for the same class/category of goods or services, where there is a likelihood of confusion, their application for trademark registration will very likely be... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I have an abandoned trademark I started through LegalZoom is there a way to pickup where things left off?

I started the process through LegalZoom and wasn’t familiar with corresponding and had a few quick address changes so things were lost in the mail. Is there a quick way to respond to something like that or does the process need to being again

Joanne Belasco
Joanne Belasco answered on Sep 2, 2020

If it's a federal trademark, then there are several ways to handle it but it's going to depend on when and why it was abandoned. Your best bet is to consult with a trademark attorney to discuss the details and decide on the best course of action for your specific situation.

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1 Answer | Asked in Copyright, Admiralty / Maritime, Intellectual Property and Trademark on
Q: Hi, I would like to use the word navy in my business name. Would this cause conflict with The US Navy?

Has the US Navy trademarked the word “navy” ? Is it possible to use the word ”navy“ (referencing the color) in a business name in combination with other words? It is for a design industry business and in no way related to anything military. I would hate to name my business only to have it... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 1, 2020

Your question awaits a response for a week. There aren't really any admiralty/maritime law issues here, and that may have overshadowed the IP attributes of your straightforward question. There's no guarantee that every question is picked up, but you might have better chances of a response... Read more »

1 Answer | Asked in Contracts and Intellectual Property for California on
Q: I signed a non-compete with a toddler/ infant lifestyle company. Would a job at a children’s food company violate it?

I’m a freelance illustrator and am in a contract with no termination date with a toddler lifestyle company. There a potential job I’m interested in illustrating children’s books for an upstart children’s superfood and edutainment brand. Would this be a violation of my non compete even if... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Aug 31, 2020

The generality is that non-compete agreements are not enforceable in California. That is only a generality. Situations exist where a service provider must not compete whether or not there is a non-compete agreement. Your question does not include facts that would be necessary to make a... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: How can I register or claim trademark
Evelyn Suero
Evelyn Suero answered on Aug 26, 2020

Trademarks may be registered with a state or federally with the USPTO. Consult with a trademark attorney to assist you with clearance search and application process.

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law on
Q: If a father transfers his property free of charge to his son, what rights does the son have? is he the owner?
Anthony M. Avery
Anthony M. Avery answered on Aug 24, 2020

You did not state what type of property or what type of transfer was involved. Deeds convey land to grantees who own the land either by themselves or with others, and either in Fee Simple Absolute as the owner or subject to some type of divestment or only for certain period of time. Reciting the... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: Hello my name is jason I’m an inventor and came up with an idea and submitted it. Come to find it’s not patentable

I would like to speak to the inventor

Kevin E. Flynn
Kevin E. Flynn answered on Aug 24, 2020

First you should consult with a patent attorney to see if the patent that concerns you actually is still in force. It may have lapsed early for failure to pay the maintenance fee and contacting them may cause them to belatedly revive it.

But if you are sure that you want to contact the...
Read more »

1 Answer | Asked in Intellectual Property for Illinois on
Q: What is the expected life of a patent? Can I use a patent/design when it is expired?
Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 21, 2020

~20 years from filing for a U.S. Utility patent and 15 years for a U.S. Design patent (was 14 until a few years ago). The Utility patent term can be affected by patent term adjustments, and reliance on the filing date of any earlier priority application, and other factors.

Once a patent...
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1 Answer | Asked in Intellectual Property for California on
Q: Is it possible to get an outside USA patent for the same product that has a USA patent?

Assume there is a product with a USA patent. Can someone who is not the inventor apply for a patent in another country?

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 20, 2020

Generally speaking, if no international application was filed based on the U.S. application before it issued as a patent, it's too late to file in other countries. In that scenario, the U.S patent would be considered "prior art" to the later filed international applications on the... Read more »

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