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“Could you clarify what U.S. Patent No. 10,745,833 specifically covers in relation to the product? Does this patent apply to the design, size, or a unique functional feature of the towel? Since a towel is a common and widely available commodity, how is it possible for such an item to be patented,... View More
answered on Dec 19, 2024
The "Claims" section defines exactly what the patent covers. The two main ("independent") claims are:
1. A fabric, comprising:
a plurality of first material yarns; and
a plurality of second material yarns, in which the plurality of first material yarns... View More
I have a small business where I sell handmade bracelets. It has come to my attention that
SHEIN used to of my photos.
answered on Dec 19, 2024
I assume that your images are on Shein's website.
So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes... View More
We are manufacturer of towels, as per U.S. PATENT NO. 10,745,833, we need to know that we are producing same towels in different sizes and want to export it to US. Are we allowed to import towel in US. Is this patent for printing or blank towels also need a little clarification
answered on Dec 18, 2024
U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, which are of varied scope. Whether... View More
answered on Dec 18, 2024
That's a great question. I highly recommend that you hire a competent trademark attorney to run a clearance search before you launch the brand. That search should take approximately 1-3 hours, depending on how many results need to be reviewed. If you get the green light, you should also... View More
The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More
answered on Dec 15, 2024
File a trademark application with the USPTO.
Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned... View More
The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More
answered on Dec 16, 2024
In order to claim rights to a prior trademark you must file a trademark application with the USPTO. If the mark is abandoned and it cannot be renewed or revived then you can file a trademark application for the same or similar mark in the same class of services. I recommend using a Trademark... View More
Hello, I met with an attorney and was told I qualify for a Chapter 7. I have very few assets, I took out a lot of personal debt when trying to start a failed software business. I have closed that business and the attorney mentioned disclosing the apps that I released as assets.
Let’s say... View More
answered on Dec 12, 2024
The tradeoff in bankruptcy is full disclosure in return for a discharge of debts. The debtor benefits from full disclosure, and avoids the possibility of a denial or revocation of discharge. All the schedules and statements in bankruptcy are signed by the debtor under penalty of perjury. If a... View More
I had the same idea that one inventor patented but he if from Australia. This product doesn't look like it sold in America and I want to get in touch with him to ask him some questions. Is this possible?
answered on Dec 8, 2024
Yes, you can contact the inventor. Most inventors assign (i.e., sell) their patent. So, you should contact the owner of the patent instead.
If the owner of a patent in a foreign country does not have a correlating patent in the United States, then you are free to make, use, and sell the... View More
It’s a common fishing lure. He didn’t add anything special to the lure
answered on Dec 6, 2024
I don't know which patent or lure you are speaking of, but occasionally the patent examiner will make a mistake and register a patent which is obvious or not novel. There is a procedure at the USPTO to contest a registered patent if you can provide documentation (aka, prior art) that was not... View More
Then if I went to China and applied for a patent for the same device, which one of us will take the patent, me or him , if he already applied for a patent after stole it from Me in US ? , does this apply to any country I apply for a patent in it ? Like if I applied in Egypt, which will cost me... View More
answered on Dec 5, 2024
Patent treaties between countries do not allow this to happen (generally). Patents are country-specific and allow you to make, use, sell, and prevent others from doing the same in that country.
Requirements to get a patent:
1) Able to be used (the invention must work and cannot... View More
So the handle is a handle that is primarily used for jump ropes but I am using my handle simply for the motion effect and it will my product will not be a jump rope. Are there any legal problems with this to patent the new product that I am designing.
answered on Dec 4, 2024
This type of product is certainly patentable. However, whether you will be able to successfully obtain a patent will depend on whether it has already been disclosed by someone (this is called "prior art"). You should contact a qualified patent attorney directly (this is just public... View More
I am specifically interested in acquiring trade mark Serial # 87847526. If possible could you send your answer to :
answered on Dec 2, 2024
If the trademark application/registration is abandoned, then anyone can file a trademark application to claim it.
USPTO application fees are non-refundable, and currently take about 9 months before an examiner will pick up your application. I highly encourage you to hire a competent... View More
If I sold t-shirts with the words "SAD DAD CLUB" or "SAD DADS CLUB" printed on them but the words "SAD DAD" are trademarked for use on t-shirts, could I be reported for copyright?
answered on Nov 21, 2024
You are asking for a complicated legal opinion, which most attorneys will not provide unless you are a client. If you would like a detailed answer to your question, please hire a competent trademark attorney.
The test for trademark infringement is "likelihood of confusion."... View More
I would like to trademark mainly in the US and Europe, maybe even international. I just need clairfication if the trademark is possible to get.
answered on Nov 20, 2024
There are US registrations for MODELLA used on software in class 009, and on travel bags in class 018, but not for apparel in class 025 or store services in class 035. Most likely this mark can be registered for the uses you propose.
I made a shirt for my daughter 2 years ago that says "zach bryan" with a photo that she picked of a longhorn. Facebook notified me that I have been reported for copyright Infringment but I don't see how as my daughter picked a photo I made on the computer. It was not copy and pasted
answered on Nov 13, 2024
If the copyright infringement allegation is directed to the picture of the longhorn, and you captured the image of the longhorn or you drew it yourself, you are likely not at fault. If someone else drew the image of the longhorn, or captured the image of the longhorn with their camera, then you... View More
The device is not been made yet. I need to file a patent right away. Is there a patent type that is relatively cheap so we can protect our intellectual property until we build a POC?
answered on Nov 11, 2024
A couple of points:
(1) Congratulations on worrying about patenting your device. Way too many people build the product, sell it, and then seek to get a patent, only to be told that it is too late.
(2) However, there is such a thing as trying to file a patent application too early.... View More
Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More
answered on Nov 8, 2024
The titles of books cannot be copyrighted.
Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing.... View More
Intend to start a social media company under this title and want to verify its Existence amount other trademarked intellectual property.
answered on Nov 8, 2024
The best answer you will get to this question is from a trademark attorney who has conducted a legal analysis based on a clearance search. I highly recommend that you hire a qualified attorney to do this before you start spending money on advertising and then realize that you will have to rebrand... View More
I just want to know if I am allowed to drop ship this product and brand it after. Is it legal. So did Wool & Oak patent it or trademarked it or put copyrights on it. The product they sell is the only thing I care about. I won't take anything from their website
answered on Nov 3, 2024
The product is most likely subject to more than one form of Intellectual Property protection by its manufacturer or original owner: trademark (its brand), trade dress (protects the overall appearance of the product, including its size, shape, color, texture, and graphics), patents of any... View More
Would allow users to copy a link to the video and then paste it into the app, the AI would generate a shopping list and recipe steps to make said dish.
answered on Oct 24, 2024
AI generating the shopping list and recipe steps from the link to the video: whether or not this is considered copyright infringement of the contents of the video or "illegal", will depend on if using the AI generative tool in this way will be considered Fair Use of the content of the... View More
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