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Intellectual Property Questions & Answers

1 Answer | Asked in Contracts, Copyright, Products Liability and Intellectual Property on

Q: Survivorship and patients? Royalties?

Interested in legal status of grandfathers inventions!

Bruce Alexander Minnick answered on Jun 18, 2019

The word you are looking for is "patents" not patients. If you want to find out about your grandfather's patents you will have to hire a patent lawyer.

1 Answer | Asked in Intellectual Property and Trademark for Washington on

Q: Can a Trademark be similar to another without penalty,i.e. "Happy Place" vs. "Your Happy Place" for example?

John Martin Hilla answered on Jun 17, 2019

It is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO will file an Office Action in response to the application.... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark on

Q: Hi if a search returns no matching records even though it may contain some same words can I register that name?

For instance, Trademarked already is Easy Find Directory.

I am wanting to operate under Easy Find Business Directory, Tucson

Ahaji Kirk Amos answered on Jun 14, 2019

No. Trademark availability is not associated with trademark registration. You should have a trademark attorney conduct a proper trademark search.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on

Q: Can we file a patent for some antisocial inventions?

Does the law permits us to file patent on some innovations that can create chaos in the society or can endanger the existence of humanity?

Such as patenting a technology which can threaten the life of a large number of mass requiring some gross implementation and least investment.

Kevin E. Flynn answered on Jun 14, 2019

I am not in favor of creating chaos in the society or endangering the existence of humanity. I hope that your description is hyperbole.

I am not clear why you would want to patent a method to create chaos or endanger the existence of humanity. Patents are used to limit use of the...
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2 Answers | Asked in Business Formation, Entertainment / Sports and Intellectual Property for New York on

Q: As a musician who intends to perform independently under the gov legal name, what should I do first to protect my work?

I intend to begin performing on the stage as well as sell my music and other media content via digital platforms: all under my name. On the longer run I intend to establish a company that will be specializing in producing media content, managing artists performances (primarily as a booking agency),... Read more »

Michael David Siegel answered on Jun 11, 2019

What is "gov legal name"? Do you mean your name? You actually need to trademark your name. While it seems odd, if your name is a brand, you need to protect it. Whether you incorporate at this point or not (and it generally is beneficial to do so), if your name will be the name of the... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on

Q: How do I go about owning the trademark for "Girl Gang"? It seems to stand as abandoned. Thank you.

I want to trademark "Girl Gang" for a women's sports apparel company, I'm looking to start. It seems to stand as abandoned. What does that mean? Thank you.

Ahaji Kirk Amos answered on Jun 10, 2019

You should apply for a trademark application.

Q: I would like to trade a phrase I guess it would be called

The phrase is ( The G.O.A.T.)

Sean Erin Serraguard answered on Jun 7, 2019

Though trademarks will depend on how you use the word or phrase, the answer is very likely no. There are numerous live marks which primarily rely on "Goat" and "G.O.A.T.", including marks which list only those words or acronyms respectively. Without doing a full search, it would be hard to know... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Indiana on

Q: Can I be fined for using unmarked copyrighted images on a website I designed?

Ive been contacted my a third party image rights company on behalf of a photographer for copyright infringement for a couple images used on a clients website. However, there was no indication these images were copyrighted. Is it legal to charge someone a fine without warning, If there was no... Read more »

Jason Brooks answered on Jun 6, 2019

A copyright is established the moment the content is created. In order to use someone else's photograph, you must obtain consent (i.e. a license) to do so. A copyrighted image (or any other copyrighted material) does not have to have any sort of markings or other indication of copyright; rather,... Read more »

1 Answer | Asked in Contracts, Intellectual Property and Real Estate Law for California on

Q: Property management company wrote us a letter saying we needed to remove our pool in our backyard. Do we have too?

Been living in the house for 5 years have had a plastic pool up every summer for 5 years never been an issue got a letter saying it need to be removed because it violates paragraph 11:USE OF THE PREMISES: The premises shall not be used for any propose other than as a residence for the authorized... Read more »

Bruce Alexander Minnick answered on Jun 6, 2019

Let me break it down for you: Regardless of how many years you have been able to enjoy a portable plastic backyard pool, your landlord has now taken the legal position that your portable plastic backyard pool violates one or more of the nuisance rules governing your rented home or apartment, and... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on

Q: Can I register one patent in a non USA country and export or re-register the same patent in USA?

The patent was co-developed by a non-US person and a USA person. It was developed for a USA company but in a NON-US branch office.

Peter D. Mlynek answered on May 31, 2019

Yes. You can:

(a) file a patent application in the US, and then file a foreign application in the foreign country based on the US application; or

(b) file a patent application in the foreign country first, and then file a US patent application based on the foreign country...
Read more »

1 Answer | Asked in Contracts, Intellectual Property, Consumer Law and Internet Law for California on

Q: A Los Angeles based hosting company without warning denied 100k customers access to their intangible personal property.

The company the 100K customers contracted with is called AlphaRacks. AlphaRacks contracted with a company called QuadraNet to provide the actual computer servers. Those two companies have some type of dispute. Without warning on 5/16/19, QuadraNet disconnected access for all of AlphaRacks... Read more »

Bruce Alexander Minnick answered on May 30, 2019

The only way to solve this problem is to read all the written contracts made between the two warring companies and then read all the contracts made between you and whichever company you had a contractual relationship with. If you think there is a class action hiding in these facts, hire a lawyer

1 Answer | Asked in Business Formation, Business Law and Intellectual Property for Idaho on

Q: I have an established small business (LLC) with a distinctive name. Another business took my name.

The competing business is in my same exact industry with the same exact product type and in my same town. The names are off by ONE letter and the distinctive part is exactly the same. Is there anything I can do do avoid the loss and/or confusion of my clientele? Social media is important in what I... Read more »

Michael Hales answered on May 30, 2019

It sounds like you have a potentially strong claim for trademark infringement, so I'd recommend speaking to an attorney to get this resolved.

1 Answer | Asked in Contracts, Intellectual Property, Lemon Law and Trademark for South Carolina on

Q: I traded our motercycle for a jeep about 3 weeks ago. Before doing so the owners of the jeep told us it had no issues.

We are now having to tow the jeep. It has many issues that we were not informed about before the trade. We have messages where the owner told us the jeep had no issues. The car clearly had issues as they started a mile from their house, where we signed titles over. Is their anything we can do?

Bruce Alexander Minnick answered on May 28, 2019

Probably not, because neither the Jeep nor the motorcycle are worth enough money to make it worthwhile for you to hire a litigation lawyer and fight the seller. Unless you want to try in a small claims court.

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on

Q: I have an idea of an event I want to be holding in a cause of promoting my cafe I feel is unique can I patent?

This event involves me using unconventional things and concept in my cafe business

Kevin E. Flynn answered on May 26, 2019

My guess is no. However, as I do not know the details and I hate to guess about something important, I suggest that you check for issued patents for something analogous. You may find useful tips in my slide set on patent searching that will help. http://bit.ly/Patent_Searching

Remember...
Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on

Q: If a trademarked name has a "Status710 - Cancelled - Section 8", does this mean it could possibly be available?

Available as in able to be taken and used on my own product, especially on product in an entirely different field of use?

Evelyn Suero answered on May 24, 2019

A Section 8 Cancellation of a trademark registration occurs when a registrant fails to file a renewal of their trademark registration. However, whether a mark is available for use depends on many factors including whether the mark is currently being used. Cancellation of a trademark registration... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Intellectual Property and International Law for Illinois on

Q: I unknowingly traded a minor vehicles. He forged his dads name (same name). They said they are reporting it stolen.

He traded me vehicles across state lines and they said I'm going to be arrested. The vehicle is already in my name and licensed, they said it's my fault and their soon can't have criminal charges brought against him for taking "his" car, which turns out to be his fathers because he's a minor, yet... Read more »

Bruce Alexander Minnick answered on May 24, 2019

Keep this plausible story in a safe place so you will be able to re-tell it to the police--if they arrest you.

2 Answers | Asked in Civil Litigation, Intellectual Property, Criminal Law and Federal Crimes for Illinois on

Q: 17 year old forged his fathers name and traded me vehicles across state lines. Parents want to trade back or report

I have the advertised post on Facebook printed out and everything. I already sent the title in. He's in Kentucky, I'm in Illinois.

William Wolf answered on May 23, 2019

I am not sure what your question is.

If you're asking, does the 17 year old need a criminal defense lawyer for any investigation regarding his conduct? Yes. This is a State and a federal offense.

If you're asking, do you need a criminal defense lawyer? If you're under...
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2 Answers | Asked in Intellectual Property and Trademark on

Q: hi,can i trademark a business idea? suppose i invented the idea of online shopping. so is it possible to patent this?

at least for a few years so other cant enter the business with the idea...

Sean Erin Serraguard answered on May 22, 2019

You can't trademark an idea. Trademarks are for distinguishing the source of goods or services. You can copyright an idea after you've reduced the idea to a "tangible form," such as writing a book or making a video. Copyrights won't protect the idea itself, however. You can patent an idea, unless... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on

Q: Could anybody help me to verify that when this patent US 6,241,739 B1 will expire or is this already expired..??

Kevin E. Flynn answered on May 18, 2019

WIth respect to expiration dates for patents...

PATENT TERM

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on

Q: Hi, Any one can confirm whether these patents are still valid ? Patent number: 6500183 Patent number: 6241739

Kevin E. Flynn answered on May 18, 2019

First, I believe that you mean non-expired. Valid goes to the issue of whether the USPTO made a mistake in granting the patent as one can challenge the validity of a patent even after it was issued.

WIth respect to expiration dates for patents...

PATENT TERM

Patent term is...
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