it depends on the classes they're using the mark for and the ones you're planning on using the mark for. If it's for the same goods/services and they've been using the mark longer, then it would be an issue. You should consult a trademark attorney.
We found a few patented products with cable wired control knobs and buttons. We developed wireless solutions for these products adding functionality and optimisation. Can we incorporate the patented products with our wireless solutions and sell it as a new product with out infringing on the patent?... Read more »
Contracts with local clients- established. Investor wanted to deposit “monies” from unknown sources into business account. I am a Lease holder and investor has put myself and the employees out. Investor has made slanderous comments to members of the business community. I have lost all wages,... Read more »
This does not sound like a fit for the patent system.
35 USC 101
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and...Read more »
A patent only applies in the country or regional group that issued the patent. A patent applies to things made in that country and to things brought into that country. If a product is created outside the US and never enters the US, then a US patent is not relevant.
I have heard that the copyright is automatic when I create my work and I would be using my name but I wanted to know if it is necessary to trademark it and copyright my work to have any protection or if it is enough to creeate it and use the symbol on the work without paying. Thanks
By law, a Common Law copyright is created the moment you put your work into tangible form (i.e. once you create an actual work, beyond just the idea in your head). If you have a copyrighted work, you are authorized to sue for damages if someone uses that work without authorization, however with...Read more »
Trademark applications for US registration are filed online via USPTO.org -- for a new registration, the costs are $275 per mark, per "class", plus whatever service fees your lawyer or service agency charges (if you choose to use assistance) -- It's possible to prepare the application yourself, but...Read more »
I received a message from someone on Facebook regarding some cosmetic brushes that I customize in my free time and that I have sold to a few people. They claim that their brushes, which are similar, are copyrighted but I see no proof of it on the website or elsewhere. They are also located in the... Read more »
I am a doctoral candidate conducting research on social media, specifically the YouTube platform. Is it fair use for me to prepare transcripts of publicly accessible YouTube videos that I am not the creator of for the purposes of research? The transcripts will not be re-sold, but strictly used for... Read more »
Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process requires the...Read more »
Its a bag with combo lock. My bag is lightly fatter then this designed in the patent. Also, my bag has bag handle from the left side. The design in the patent has handle on the right side. Is... Read more »
Your license plate on your car? Since license plate was issued to you, not created by you, the person might be responsible for your harm in some other way, but it doesn't seem to be for infringement of Intellectual property
I got all the information about the events that occur in the script from books written about the events and public information. I just want to know if I need to acquire any special rights or am I allowed to sell the script as is. And also am I allowed to copyright the script?
You may copyright the script, and sell it, however the celebrity's life rights must be obtained before the script could be produced. A buyer would most likely condition the sale on the ability to clear those rights. If you have additional questions or need clarification you can feel free to email...Read more »
hit a cyclist stopped my car and checked he was ok. He was fine just complained bike was damaged. No police called I didn’t make any police report. I now received a hit and run letter from a lawyer claiming property damage. What do I do. The cyclist came out in front of me on a roundabout.
If charged by the police get yourself a good Criminal lawyer you will be facing loss of your license and jail time. If not charged but just received a letter from a lawyer notify your insurance company and if you didn't have insurance or enough insurance hire your own lawyer to defend the case.
I have a comic book series that I'm currently writing. I have a title in mind and did a search on existing trademarks. I found one conflict exists for a brand of beer with the same name under classification 32. Considering they're in completely different industries, what are the issues, if any,... Read more »
If you use another company's name, brand, logo, mascot, etc. in a way that could cause consumer confusion (lead customers to think your product is affiliated with the company or officially licensed by the company with the same name) then you can be sued for trademark infringement. So, the key...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.