Lawyers, Answer Questions  & Get Points Log In
Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property for Nevada on
Q: Is this saying I have 35 days after the due date to pay the trustee?

I bought a house from person X and I need to Pay them May 1, then corona-world happened and all the lenders stopped lending. I have three lenders working on a loan, racing to get it done, but am contemplating on offering person x $$ to extend the due date by 30 days. Via 107.080, it seems I do not... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 7, 2020

This is about negotiating, and you should consider extending the deadline to make sure you do not lose the property.

Make sure you have a modification to the contract to make sure they do not try to pull the rug.

best luck

www.legalbizglobal.com

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Can I put my trademarked brand on characters wearing my brand like Bart Simpson, Goku, or Spider-Man?

Photoshopped or free and drawn.

Barbara Berschler
Barbara Berschler answered on Apr 4, 2020

Because all of those characters are either protected under copyright on trademark, your proposed activity would result in infringement. To help you better understand the implications of such intellectual property rights, both the Copyright Office and USPTO have excellent informative websites. I... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Louisiana on
Q: Is this patent still good?

I have the molds for these boats and was checking to see if patent expired

Kevin E. Flynn
Kevin E. Flynn answered on Apr 4, 2020

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 trademarks or copyrights). (but as noted below, there are...
Read more »

View More Answers

1 Answer | Asked in Intellectual Property on
Q: Is there a determinable length of copyright for photographs in the U.S.?

I collect original physical copies of Press (news media) photos and would like to use them in a for-profit digital library. Many are fairly old, often taken before 1970. My question is how do I determine if these images retain copyright protection?

Attempting to dig up the answer through... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 2, 2020

There have been different copyright laws passed at different times.

So depending on the year of creation, they may have different expiration dates.

It may also depend if the owner is an individual, or was created for a company (work for hire).

most likely if it was around...
Read more »

Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea and... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you...
Read more »

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Public Benefits for Florida on
Q: Does our local Chamber of Commerce own our communities local "Pageant"?

We have a pageant that has been in our community for over 30 years! Its never been filed as an official entity or organization. It has always been ran by different volunteers within the community. I know for several years our local Chamber sponsored the pageant. Then there was a issue with... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 1, 2020

You definitely need to consult with an attorney.

Anybody can own a pageant and call it anyway they want.

The question is whether it is exclusive, and if what you do, your work, is owned by somebody else.

Check if they ever signed or got a contract from somebody.

Even...
Read more »

2 Answers | Asked in Copyright and Intellectual Property for Washington on
Q: I have a questions about copyright infringement and my stolen content

Hello, I am an artist known by the name LeopARTnik (everyone calls me Leo). I create different content but lately, it is short video animations. I am not making money on my work yet. I am still growing and building my audience but it is growing rather fast. The issue I want to discuss is related to... Read more »

Enrico Schaefer
Enrico Schaefer answered on Mar 30, 2020

This is a common problem. The first thing you should do is register your copyrights. You typically have less leverage if you are not registered. Registration will definitely help you with infringement moving forward. I would need to know more about where the works are being copied from and other... Read more »

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Can I use patent drawings from other companies' active patents commercially?

Can I for example print patents drawings on t-shirts and sell them even though it's not my patents and they're still active?

From what I find online it's ok as long as the drawing doesn't have a copyright notice.

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 26, 2020

Not so fast.

Any creation has common rights copyright that benefits the creator of the product.

Check the patent office if they grant rights to others to use the patent drawings.

Most likely it is a limited right, to use the patent only for development purposes, such as...
Read more »

View More Answers

2 Answers | Asked in Copyright, Gov & Administrative Law, Intellectual Property and Internet Law for California on
Q: Does my employer have rights to the teaching materials I have prepared at home on my own computer and on my own time?

I am an adjunct lecturer at a university in California. My employment status is part time and varies from quarter to quarter. I have evidence that all my teaching materials including lectures, power point slides, quizzes, exams, etc. are readily available for download from a University server.

Tania Maria Williams
Tania Maria Williams answered on Mar 25, 2020

Unfortunately, they might because the materials were created during the scope and course of employment for the purpose why you were hired. You may want to check your employment agreement if you have one because ther usually is a clause regarding the ownership of intellectual property.

View More Answers

2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: If a company filed bankruptcy and abandon their trademark and you went ahead and started the same business and filled

For the trademark that was once abandon, can that old company come after you with a cease and desist letter or I would need to pay them for using their name , And if so then what’s my right?

Tania Maria Williams
Tania Maria Williams answered on Mar 25, 2020

Just because a company filed bankruptcy doesn't mean they're not still using the mark in commerce. There are different types of bankruptcy and not all result in the company no longer doing business. Also, there are common law rights a trademark owner has once they continue to use the mark. I... Read more »

View More Answers

1 Answer | Asked in Intellectual Property for Florida on
Q: I live in a condominium for 28 years, my question is a roofer company work on the property according to them the HOA

did not pay them so they putting a lien on our property is this legal?

Tania Maria Williams
Tania Maria Williams answered on Mar 24, 2020

This isn't an intellectual property question, but yes this is legal. Chapter 713 allows someone to put a mechanics lien on property for unpaid fees provided they comply with the requirements of the statute.

1 Answer | Asked in Intellectual Property and Trademark for Wisconsin on
Q: If I were to use the words snoop dogg on a tshirt in reference to a plain dog theme, is that a violation of a IP?

can i send the example of the t shirt for reference? dog theme is purely general, no negative/positive undertones,

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

The issue here may not be one of trademark but rather the right of publicity. Snoop is a celebrity whose name, image and likeness have monetary value. If someone else uses that for monetary gain they could be liable. Feel free to email me at tania.williams@williamsfirmpa.com for a consult so... Read more »

1 Answer | Asked in Copyright, Products Liability, Intellectual Property and Trademark for New York on
Q: Can I use 'But can you pay my bills?' on merchandise without infringing on 'Bills, Bills, Bills' by Destiny's Child?

I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on the clear side.

Thanks for... Read more »

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration in that mark.... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Can I create a trademark called "Stay Classy Girl" if "Stay Classy" is already taken?
Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

It depends on the class of goods and services and potential related goods or services that the marks protect. Just because a term is registered in one class doesn't mean a person cannot use it for different goods and services. The test is whether there is a likelihood of confusion among... Read more »

2 Answers | Asked in Intellectual Property on
Q: Why trade secrets level of protection is considerably weaker than for patents?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 23, 2020

Patents provide a heavy hammer to punish unauthorized use of an idea -- but only for a limited time.

Trade secret protection is valuable too. Ask Uber -- they paid $245 million to Google for theft of trade secrets on self-driving cars. The person that stole the ideas was criminally...
Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Why is it not possible to maintain at the same time a patent and ensure non-disclosure of confidential information?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 23, 2020

It is possible to go partway through the process with your proprietary information as a secret. However, if you let the patent application publish or you pay an issue fee to get a granted patent then your information becomes public knowledge. You have patent rights to protect the unauthorized use... Read more »

1 Answer | Asked in Consumer Law, Copyright and Intellectual Property on
Q: I'd like to register "univibe" trademark for social platform of physical sharing music instruments.

The platform would appear at www.univibe.pro internet domain and it will connect people interested in music instruments. They will be allowed to share and sell these instruments within the users, but also share their experience, stories, etc. I would like to register "Univibe" worldwide, as the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 20, 2020

You should budget $1K to $2K depending on the classes and type of registration you get.

You should consult with an attorney to make sure it would meet USPTO requirements before spending more time and money.

www.legalbizglobal.com

1 Answer | Asked in Divorce, Products Liability and Intellectual Property for Virginia on
Q: I got engaged in January in Richmond Virginia we broke up a month ago do I have to give the ring back??
James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 18, 2020

The answer depends on who the "we" is that broke up. If the intended groom terminated the engagement, the intended bride keeps the gift. If it was the intended bride terminated the engagement, or the engagement was terminated by mutual decision, the gift should be returned to the groom.

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: I have just opened an online store and I have concerns about copyright infringement.

I would like to know about what is portected and what is not protected using photos from on line downloads, for T shirts designs.

James D. Williams
James D. Williams answered on Mar 14, 2020

Ultimately it depends on where you get the photos and what is in them. If you are using photos that are downloaded from Adobe Stock Photos or a service where the photos are provided to users for posting on public pages, then you might be able to use them, generally. However, if you are finding... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: When you file a patent in a jurisdiction, lets say US. But not in Canada. The prior art in US does not impact Canada

You have filed all your patents in the US. If you filed a patent in Canada, does the prior art in the US affect the prior art in Canada during examination?

Kevin E. Flynn
Kevin E. Flynn answered on Mar 14, 2020

With respect to a printed publication or a patent application, the impact is not limited by national borders.

There may be instances where the US laws on the one year grace period means somethings are not prior art in the US but are prior art in other countries (like a post by the...
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.