Lawyers, Answer Questions  & Get Points Log In
Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property for Tennessee on
Q: My name is cody it really was my idea for the webcam cover

I'm just a young inventor who reached out to davison/ inventionland for help getting started not long after web cam covers are all over the web I just want the credit which is owed to me I called it privacy cover pls help I dont understand how to get started with this I already submitted it to... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 9, 2019

Contact a local intellectual property attorney to determine your options, if any.

1 Answer | Asked in Business Formation, Intellectual Property and Trademark for Georgia on
Q: Someone stole my business name. What can I do?

I've had an online clothing company for over 7 years and just found out that someone else (in my city) recently started a soap company using my exact same business name. They are also selling their products on the online platform that my clothes are very popular on. Can I do anything to prevent... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 8, 2019

Hire an attorney to review the alleged infringement and if you are correct send out a C&D letter. If that doesn't work then you sue them for infringement.

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: As co-author of an artwork ( painting) can I sell my part of copyright without approval from my co-author?
Sindee Levin
Sindee Levin answered on Dec 6, 2019

It depends. Do you and your co author have an agreement between you? If so, the terms of the contract will govern. If there is no agreement are you selling the actual copyright or an interest in royalties. Without an agreement, you can sell your part of the copyright, or a royalty interest.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Minnesota on
Q: had an invention that was seen on the internet recently...took a while but finally saw the invention or one similar...

need to know what can be done to help me on this situation...

Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2019

This happens, unfortunately, all the time.

If you have a patent on your invention, then go see a patent litigator to give you options on how to get some sort of licensing agreement of your patent in place, or to file a suit.

Good luck!

1 Answer | Asked in Constitutional Law, Intellectual Property and Small Claims for Washington on
Q: So if someone who I live with who I have no relationship to, violates my 4 amendment right, can I create a case?
Tim Akpinar
Tim Akpinar answered on Dec 4, 2019

The Fourth Amendment applies to unlawful searches or seizures on the part of the government. Your situation sounds like a civil matter between two individuals. Keep in mind that whatever legal remedies might be applicable here that a Washington attorney could advise about, it could be... Read more »

1 Answer | Asked in Intellectual Property for Georgia on
Q: I started a band and came up with the band name. The band became successful and then fired me.

They deleted my admin privileges from the Facebook page that I started. I have asked them to Change the name but they will not because it is now a successful business. What should I do legally?

Darrin A. Auito
Darrin A. Auito answered on Dec 3, 2019

You should contact an intellectual property attorney with trademark experience. You might have rights in the band name. Depends on the facts.

1 Answer | Asked in Intellectual Property on
Q: Can properties that have been donated like laptop, bag cellphones can be recover by the donor once it.is donated?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2019

yes, you can buy them back.

once given, specially if you take a tax deduction, it is gone

there are specific rules about gifts and that is basically the same

www.legalbizglobal.com

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can a fake digital copy of the celebrity's voice be used in movies without permission from this celebrity?

Using machine learning technologies, a developer can create a synthesized copy of the celebrity's voice (for instance, like here https://youtu.be/DWK_iYBl8cA).

Can this developer use this fake digital voice in movies, mobile games, for songs, or any other video and sound content without... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2019

Fake or real there needs to be authorization of the person whose voice or image is being used?

Permission is the key.

www.legalbizglobal.com

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New Jersey on
Q: I like to purchase this trademark!
Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2019

If the owner is willing to sell the Trademark, you can do so, but to insure everything is done correctly, then you must retain an experienced IP attorney.

View More Answers

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I trademark my blog name if someone else recently started using it for their brand. It is not registered by either

I’ve had the name longer but they’ve used it first in commerce and it is Not registered

John Martin Hilla
John Martin Hilla answered on Nov 25, 2019

The US is a "first to use" jurisdiction in terms of trademark registration and not a "first to register" jurisdiction. If you were first to use the name and the first to apply to register the name, potentially, you should speak with a trademark registration lawyer--and I'd be happy to do... Read more »

1 Answer | Asked in Business Law and Intellectual Property for New York on
Q: Who owns the code I wrote for an app when no contract was signed?

Hi. I wrote most of the code for an app. It exists in my own personal, private repository (aka, code storage). The company for which I was writing the code was incorporated, but I never signed anything saying that the code was owned by them, nor is there a contract saying as such. All the code and... Read more »

Mathew Paulose
Mathew Paulose answered on Nov 24, 2019

Greetings. You say you were writing code "for" a company. We would need more facts to determine who owns the work product. In New York, a formal employment relationship is not necessary to be deemed an employee within the meaning of the Copyright Act. The essential factor in determining whether... Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Hi, Grant here. Thank you for your time. I am asking if Permethrin or N-MethylPyrrolidone are still under patent.
Kevin E. Flynn
Kevin E. Flynn answered on Nov 22, 2019

I do not know. But I do know that entrepreneurs can do their own searching using Google Patents, and other tools hosted by patent systems. I teach entrepreneurs how to use these tools effectively using these slides http://bit.ly/Patent_Searching . I hope this helps.

Kevin E Flynn

View More Answers

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Intellectual Property for California on
Q: Can I sue California for discrimination and unconstitutional gun laws?

The state gun laws do nothing for the law abiding citizen and make it easier on criminals to attack citizens. I feel discriminated against as a law abiding citizen. The people responsible for making every gun law don't have enough knowledge and experience with firearms. I've recently just found out... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You can challenge a law as being unconstitutional if you have been concretely and particularly injured by the law. The interpretation of the Second Amendment is in question right now, and there is a great deal of litigation involving the interpretation and extent of the Amendment.

For a...
Read more »

2 Answers | Asked in Intellectual Property for California on
Q: My patent was stolen by another employee. What legal actions can I take against him?

My patent was stolen by another employee who contributed nothing to its conception. I did not even know him when I conceived my idea. He inserted his name onto the application without my knowledge. I have paper trails of my invention including (1) the official company announcement acknowledging... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Nov 18, 2019

The answer hasn't changed since the last time you asked this. You still need to know if you had an employee patent agreement. Witnesses can attest that you worked on the product. It is highly unlikely that witnesses know what the invention is. The invention is what the attorney wrote in the claims... Read more »

View More Answers

1 Answer | Asked in Intellectual Property, Real Estate Law and Small Claims for Tennessee on
Q: My now ex and I are on a mortgage together but he left the property 2 months ago. Does this count as abandonment?

Am I obligated to give him anything in the home cause the police advised me to change locks when he left and I have. What are my options on this matter? We are not married to each other.

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2019

No abandonment involved. You are jointly and severally liable for the full Note amount. The cops advice has no relevance to a possible distribution of marital property. Divorce may be an alternative, but it will not pay the note, insurance and taxes. Decide if you want house, then go from... Read more »

2 Answers | Asked in Contracts and Intellectual Property for Tennessee on
Q: I have a dispute with my publisher over editing. Can I get out of the contract?

The editor has gone far beyond normal practices in actually rewriting parts of the manuscript, adding unrealistic dialogue, and changing characters.

Bennett James Wills
Bennett James Wills answered on Nov 18, 2019

Depends on the terms of the contract. Contact a local attorney to review your contract to best determine your options.

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: Can I "tease" a small portion of a melody from a movie soundtrack in a guitar solo to a rock song?

Specifically, my song is in part about Harry Potter, so in the blues solo I am writing I want to play the first 4-6 notes in a lick repeatedly with different rhythms, sometimes in the correct order and sometimes not, never in the same rhythm as the soundtrack. My goal is to get just close enough... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 13, 2019

don't. don't try.

there are tons of cases similar to yours in litigation.

what you just described is the core of their litigation, people confuses it with the original work.

www.legalbizglobal.com

best luck

2 Answers | Asked in Intellectual Property for California on
Q: My patent was stolen by a director at a previous employer. What legal actions can I take against him?

In 2013, I invented an aircraft concept. At the company's recommendation, I filed and received a patent for it (patent issued Aug 2018). In 2015, I modified this patent to include another design feature. During the internal application process, I learned that a director inserted his name onto... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Nov 13, 2019

In most cases the company owns any inventions produced by the employee within the course and scope of employment. Did you sign a patent and proprietary agreement when you became an employee? Aerospace companies that get large contracts use these agreements. It is possible you have no rights.... Read more »

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Could I publish a book about vocal experts' opinions on a topic, taken from interviews/info online, without permission?

Could a couple of their names be featured in the book title? Could I write each chapter focusing on one public figure scientist, explaining their perspective on the topic as researched through free material found online? Would a disclaimer at the beginning of the book saying these scientists... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Nov 12, 2019

In the absence of careful legal planning, this book could run into a number of legal problems. A disclaimer is a good way to avoid presenting a misleading picture. However, disclaimers and attributions in bibliographies do not avoid copyright problems. There are issues of derivative works and fair... Read more »

View More Answers

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Hi, can I check who has purchased a patent from an inventor?

I am dealing with an unscrupulous inventor who tries to sell his software patent. He tries to sell it with development done by a 3rd party. That 3rd party has already confirmed to me they are not interested in working on it, because the inventor is ineligible. Also, I was hired by the inventor to... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2019

Once the patent issues or a patent application is published, then you should be able to see details in the assignment database at https://assignment.uspto.gov/patent/index.html#/patent/search . You will also be able to see the relevant information in Public PAIR once you know the application... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.