Your idea of creating customizable home décor that plays celebrity songs is a unique and creative venture. However, using copyrighted music in products raises several legal concerns, and it’s essential to ensure you're compliant with intellectual property laws.

Here are a few key... View More

If a renewal is missed for a trademark there is a 6 month grace period given by the USPTO that allows you to register the renewal for an additional late fee. If this period is missed you will need to re-register the application with the USPTO. It is recommend to work with a trademark attorney to... View More

This is a straightforward problem to solve. Any competent trademark attorney could handle it for you. Remember, the ownership of your mark accrued when you started to use it and continues as long as you use it. Registration formalizes your ownership and gives you some advantages in enforcing your... View More

The application in 2020 to register BOGUS JOE BIDEN, BOGUS JOE was abandoned by a failure to respond to an initial refusal from the trademark office based on its use of the name of a living individual, and there is no other application or registration for BOGUS JOE. You could apply to register the... View More

In order to register a trademark you must file an application with the USPTO. If the mark has been abandoned you will be able to refile your own application for the mark. To ensure you properly file for your trademark it is recommended to work with a trademark attorney or specialist.

Was it an *unintentional* delay up until the moment that you obtained an attorney to prepare the papers to revive? If so, you can petition to revive.

"Unintentional" is hard to define - indeed, I am not able to find case law that defines it - but it might be considered to... View More

Just to add - although there is not solid law on the definition of "unintentional," the Patent Office's Manual of Patent Examination Procedure states:

> ... where the applicant deliberately chooses not to seek or persist in seeking the revival of an abandoned application,... View More

Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging... View More

This is a trademark matter, not copyright. Neither ACE OF BASS nor ACE OF BASE is currently registered as a trademark for entertainment services (or anything else), and there would be no likelihood of confusion that your DJ services are the same as the band's. The essence of a trademark... View More

Unauthorized uploading and distribution of copyrighted audiovisual content, including but not limited to the television series "Friends," to online platforms such as YouTube, without express permission from the rights holder(s), constitutes copyright infringement.

Such actions are... View More

Patents also have a lifespan. Typically, a utility patent only lasts for 20 years from the date of filing the application. After that period, the patent enters the public domain and anyone in that country is free to make and use the technology described in the patent. The patent you referenced... View More

Filing a patent for your prototype solution involves several steps. Here’s a general overview of the process:

1. Determine the Type of Patent

Utility Patent: Protects the functional aspects of your invention.

Design Patent: Protects the ornamental design of your invention.... View More

I can provide some educational material related to trademarks. If someone has a federal registration on the principal register before another person begins using a mark, the federal trademark owner will be able to enforce it provided that there is a likelihood of confusion. If a person on the West... View More

There is a federal trademark registration for QUEEN BEE, for hair removal services, namely, face and body waxing services, owned by a company in Dallas, Texas. That company's cease-and-desist demand would have some credibility, although there is little likelihood of actual confusion by... View More

Leonard R. Boyer Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2024

NO! Unless you want to have more legal problems than you can possibly imagine. The owners of the intellectual property will eventually file a lawsuit against you. It is just a matter of time but it is a virtual certainty. Pick the best attorney you can find and remember one rule: a good attorney... View More

If I understand the question correctly, you mean by “trademarked” that it was once federally registered but now has been abandoned or cancelled. In most situations you could file for a trademark registration for that mark and use that mark. One caution is that it's possible the owner of... View More

The best way to determine prior patent status of a product is to engage with a patent professional to engage in a freedom to operate search. Prior to that step though, to determine if your product has been patented by someone else, consider the following:

First, understand that patents... View More

I'm sorry to hear about your health situation, and I understand your concerns about protecting your invention. It's commendable that you want to secure your intellectual property and ensure your ideas are recognized as your own.

To address your question: yes, it is possible to... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

You may have a valid concern regarding the use of your image without consent. In California, using someone's likeness for commercial purposes without their permission can be a violation of their right of publicity. This right protects individuals from unauthorized use of their name, image, or... View More

If someone has a tattoo that is a copy of another artist's work, they could potentially face legal issues related to copyright infringement. Here are the key points to consider:

Copyright Infringement

Tattoo Artists' Liability: Tattoo artists can be sued for intellectual... View More