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Intellectual Property Questions & Answers
2 Answers | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Maryland on
Q: Can I receive settlements from businesses?

I am a freelance model , I post most of my work on my social media accounts and run that as my business page as well . For years small brands and large cooperations use and manipulate my images into business logos , promotional marketing and evening jewelry and interior design products . Can I... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 3, 2021

You need to retain local counsel to set up the right corporate entities for you, then have an intellectual property attorney set up the appropriate protections for you. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely... Read more »

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1 Answer | Asked in Intellectual Property for Texas on
Q: Can a person take a photo of my mailbox to get my address? I called the sheriff and they said "yes, maam they can"
Teri A. Walter
Teri A. Walter answered on Mar 3, 2021

They can get your address lots of ways, and that's one of them. They can also take a photo of your house, your car, and you, if you're in public.

2 Answers | Asked in Intellectual Property and Trademark for Kansas on
Q: When I consult with an attorney that specializes in patents, trademarks, etc . Do I need to protect my idea in advance?

I have rough prototype for an invention , i’ve done a rough patent search. I just want to protect my idea as best as possible. And maybe advice on my next steps .

Kathryn Perales
Kathryn Perales answered on Feb 24, 2021

Every licensed attorney has a legal and ethical duty to keep confidential everything you disclose, unless they let you know in advance that they may have a conflict of interest. Many people consider this to be sufficient to protect your interests. You can also ask the attorney to sign a... Read more »

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1 Answer | Asked in Business Law, Copyright, Identity Theft and Intellectual Property for California on
Q: INTELLECTUAL PROPERTY Can we make arguments for laws around transmission of signals being focus by trajectory on human

C

If processing of signals constantly being held consistent of my attention and/or just comprehension of just auditory vibration of non audio frequency in turn creates a usable feature for in chip processing products and telecommunications. So communication by exchanging of similarities... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Feb 17, 2021

Exactly what are you trying to accomplish? Your question is not clear.

1 Answer | Asked in Contracts, Real Estate Law, Intellectual Property and White Collar Crime for Florida on
Q: Can someone please help me? I am being framed.

Both my brand new Inspiron and my really old hand-me-down HP have been exchanged at the CPU part, the base. I know there is an FBI investigation, now they can't find anything so they're setting me up to fail because I found accidentally SEC stuff relative to assets (A Huge Number of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2021

IMO, you should have learned better before this happened. So learn it now: Seeking attention in the manner you have recently done sets off many alarms in many places you have never heard of.

The next thing you need to learn is that competent successful Florida lawyers will probably not...
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1 Answer | Asked in Intellectual Property, Real Estate Law, Estate Planning and Probate for Tennessee on
Q: (TN)My grandmother and stepfather were in the deed to property. Grams had my uncle and mom only

Uncle passed years ago(10) then grams passes. 3 months ago my stepfather passes(no kids, just me since I was 3) and a few weeks ago my mother passed. My uncle was married with no children. Does my aunt(living in michigan) have any rights to my mom's house?( Only asset in the family) I was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 11, 2021

Hire a competent attorney in the County where the property is. You need a title search, a determination of heirship (maybe two bloodlines or more), and an Affidavit of Heirship, which will be the Heirs' recorded source of title. Better check the property taxes too, or the Trustee might sell... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Is a basic IDEA of an expired/abondoned patent also be considered as an infringement? Irrespective of product's design ?

For example: Do A small wifi enabled physical gadget having 3 buttons for calling emergency services.

Infringes my IDEA of a simple similar gadget of a single button used to call 911?

Peter D. Mlynek
Peter D. Mlynek answered on Feb 11, 2021

The basic idea behind the patent scheme is to advance the progress of the society. An inventor discloses his invention to the society for the benefit of the society, and in turn, the government grants a benefit to the inventor: a patent, which allows the inventor to keep others from practicing the... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Can I patent a simple single wearable button that calls 911

I have conducted a detailed search and found out that my button do not infringes any existing design patents but the idea is already present with different designs. Almost all the patents currently present related to my Idea/product are of the same idea but the design is different for example there... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Feb 10, 2021

You should have an attorney do a comprehensive patentability search. An expired patent disclosing a product very similar to yours can be used by an examiner as a basis for rejecting your invention as lacking novelty and/or being an obvious modification of the patented product.

Please let...
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2 Answers | Asked in Intellectual Property for California on
Q: What sort of IP protection is the best for biologic based surgical devices?
Robert Philip Cogan
Robert Philip Cogan answered on Feb 8, 2021

There is no one-size-fits-all answer unless you do not care about maximizing your chances for success in establishing a market position or in making a profit. It helps to know what the product is and what the market looks like. Patent, trademark, copyright, and trade secrets each provide different... Read more »

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1 Answer | Asked in Intellectual Property for Georgia on
Q: What sort of IP is need for a project that involves a combination medical device with drug delivery?
Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Feb 8, 2021

In the near term, a provisional or utility patent application might be worth considering, keeping in mind that the U.S. is now a "first inventor to file" system (time is not on the inventor's side like it once was). Whether the device, the drug, or a combination of the device and... Read more »

Q: Can I file for a patent to improve a product on the market?
Kevin E. Flynn
Kevin E. Flynn answered on Feb 6, 2021

Yes you can. However, depending on whether your improved product falls within the original patent you may need a license to the original patent to sell a product. If your improvement is a kit to upgrade the original product then you may be ok. Lots of details and nuances. Best bet is to talk... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Intellectual Property for California on
Q: My boyfriend mom has removed sold his belongings from his room and she took his dad name off deed to house without him a
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Not your problem. Let them go to a real estate or Personal injury attorney.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: I'm a streamer who has been going by the name "JollyGreen0502" Am I at risk of getting sued for copyright?

I use the name JollyGreen0502 and I use that on merch that I sell as well. I am worried about possible copyright infringement against B&E who has a trademark on the name "Jolly Green Giant"

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 28, 2021

I believe more information is needed to give you a better answer. Is there a particular person or entity that you believe has rights to that name? Are you using that name in other ways? What made you believe that there may be a legal issue here?

There may be other intellectual property...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Niagin owns the patent to NR, but yet there are still other companies selling the raw material. Is this patent infring?
Peter D. Mlynek
Peter D. Mlynek answered on Jan 27, 2021

I am not going to give you an opinion on Niagen booster supplement containing naturally nicotinamide riboside (NR), because I do not know all the facts, but here are a few comments.

Generally, naturally occurring compounds are not patentable. Anyone can make, use, or sell such compounds....
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2 Answers | Asked in Identity Theft, Intellectual Property and Internet Law for California on
Q: Hello, since when are "security agents" danish welfare recipients in Mexico. Those people are stalkers and thiefs.

*Since when are they danish welfare recipients?

There has been defamation surrounding my nationality status. It appears to be that what I did under a danish nationality has been transferred to other people due to claims of it being false, which is a lie, as I even hold father's... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 26, 2021

more info needed.

i don't understand what you are asking and suspect my brethren won't either.

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1 Answer | Asked in Intellectual Property on
Q: Can I use a name that is no longer being used?

The name is no longer in use and hasn't been for decades, we want to reactivate it and apply it to our business model and concept

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 25, 2021

Yes BUT

you need to do deep research and demonstrate that there is nobody claiming it

even if it is not registered or the registration lapsed

consult an attorney

best luck

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: I am writing a book on "invented" words. 'THINtellectual' is one of them. In '84, a book came out with same concept.

My book will have 100% original material, different format, name, art etc. But does the CONCEPT of creating new words like this violate copyright or intellectual property?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 25, 2021

Consult with an attorney.

A concept by itself is not protectable, only the creations such as names, brands, inventions, stories, movies, etc.

Q: A new cigarette that will positively change global market, even among non-smokers. Huge ROI, new paradigm, evolutionary!

My question is about today's processes as far as patent search, type of patent required to protect our idea, securing our rights BEFORE leaking the idea to those who might steal it before we come to market, and resources on implementation and aligning with potentially existing cigarette... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jan 24, 2021

Congratulations on your new venture!

Yes, you need to apply for a patent before you present it, market it, sell it, or even talk about it in detail with anyone. Absolutely. You do not need to get a patent, but you need to apply for it. This is especially true because you will need to get...
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2 Answers | Asked in Intellectual Property for Florida on
Q: Do I need an additional consulting/IP agreement for work done by engineers on Upwork?

Hi,

I'm starting a tech startup and using freelancers on Upwork. In the event of an acquisition or sale, I know acquiring companies sometimes want to see agreements for contractors. I'm wondering if Upwork's terms are sufficient or if I need a supplemental... Read more »

Andrea Wheeler
Andrea Wheeler answered on Jan 23, 2021

I would want my own agreement with a contractor. You want to be sure you own the IP and that the contractor is not using someone else’s work. There are many considerations that need to be looked at with this type of arrangement. Just a brief look at that link, it looks like optional provisions... Read more »

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2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: I am writing a parody of Elsa and Anna I have a disclaimer stating it is a parody

The names are the same there our no pictures of the charcters them self can i write the book under section 107 of the fair use act

Jason Brooks
Jason Brooks answered on Jan 22, 2021

Works of parody are generally acceptable forms of "fair use" protected from what would otherwise would amount to copyright infringement. As you've alluded, Section 107 does provide several examples of fair use, including uses of copyrighted works “for purposes such as criticism... Read more »

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