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2 Answers | Asked in Trademark and Intellectual Property on
Q: BOYMOM is a trademark written in adjacent form. Can I write it separately and use it?

Hello, I used the expression 'BOYMOM' in my etsy store without knowing that it was trademarked. The product has been disabled by Etsy. I told the brand owner that this was not used intentionally and asked him to withdraw his complaint on this issue. However, he stated that he would not... View More

Sean Goodwin
Sean Goodwin
answered on May 21, 2024

You are asking if you have a defense to allegedly committing trademark infringement. I do not think any lawyer will answer that question in a public forum.

A trademark is how customers recognize your goods or services in the marketplace and distinguish your goods or services from your...
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2 Answers | Asked in Trademark and Intellectual Property on
Q: BOYMOM is a trademark written in adjacent form. Can I write it separately and use it?

Hello, I used the expression 'BOYMOM' in my etsy store without knowing that it was trademarked. The product has been disabled by Etsy. I told the brand owner that this was not used intentionally and asked him to withdraw his complaint on this issue. However, he stated that he would not... View More

James L. Arrasmith
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answered on May 24, 2024

If you have used "Boy Mom" separately on your t-shirt, and the trademark is specifically for "BOYMOM" written adjacently, there may be grounds to argue that your usage does not infringe on the trademark. However, trademark law can be nuanced, and the interpretation of whether... View More

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2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: how can i register an expired trademark

I want top register an expired trademark I see online

Sean Goodwin
Sean Goodwin
answered on May 21, 2024

A trademark clearance search should still be conducted to ensure that the expired mark is truly dead, and there are no pending applications or a family of related marks that can cause issues. The USPTO application fees are non-refundable, and it currently takes approximately one year for the... View More

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2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: how can i register an expired trademark

I want top register an expired trademark I see online

James L. Arrasmith
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answered on May 24, 2024

To register an expired trademark that you found online, you need to ensure that it is truly available for registration. First, confirm the trademark's status through the United States Patent and Trademark Office (USPTO) website. Look up the trademark to verify its expiration and ensure that no... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: How do I get the Inventor of a patent to grant to me permission to use the patented process?
James L. Arrasmith
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answered on May 19, 2024

To get permission from the inventor of a patent to use their patented process, you need to obtain a license. Here are the steps you can follow:

1. Identify the patent: Make sure you have the correct patent number and that the patent is still in force.

2. Contact the patent owner:...
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1 Answer | Asked in Intellectual Property, Trademark, Business Law and Gov & Administrative Law for Ohio on
Q: I am interested in developing a bundle recovery product that includes wellness products.

Sales would occur in-person and online. I have no intention of modifying the packaging for the products I purchase/resell. I would like to include products such as a hydration packet (ideally Liquid IV) a protein bar, vitamins, face wash, and pain medication.

James L. Arrasmith
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answered on May 19, 2024

To develop a bundle recovery product that includes wellness products for sale in California, both in-person and online, there are several legal considerations to keep in mind:

1. Resale of products: If you are purchasing products from other brands and reselling them, ensure that you are...
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1 Answer | Asked in Intellectual Property and Libel & Slander for Missouri on
Q: Can I put pictures of my siblings and me in the book I am writing without their permission.

I am writing a book about growing up from 1951 - 1962. I inherited the pictures my parents took of me and my 6 siblings during that time. Can I use these pictures even if my siblings don't give their permission? My parents took them, I inherited them, and I am in the pictures.

James L. Arrasmith
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answered on May 19, 2024

The use of photographs in a book can be a complex legal issue, and it's advisable to consult with a lawyer specializing in intellectual property rights to get a definitive answer. However, here are some general points to consider:

1. Copyright: The person who took the photograph...
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1 Answer | Asked in Intellectual Property for Ohio on
Q: I am a hobby manufacturer and I wanted to make replicas of a full size car. I did not find them in the search.

How can I be certain that there is no licensing on the car so that I can make it without repercussions from the full size manufacturers?

James L. Arrasmith
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answered on May 19, 2024

When it comes to making replicas of full-size cars, it's important to be aware of potential licensing and intellectual property issues. Car manufacturers often hold design patents, trademarks, and copyrights on their vehicles' unique features, which can make it challenging to create... View More

1 Answer | Asked in Contracts, Copyright and Intellectual Property for North Carolina on
Q: Can someone seek revenue share for sales of products for which they never signed an agreement?

Signed deal for 1 product and now asking for revenue share from everything else that was developed later on but no agreement / amendment was signed?

James L. Arrasmith
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answered on May 18, 2024

In general, a person or company cannot claim revenue share for products they did not have a signed agreement for. If they only signed an agreement related to one specific product, that would typically not entitle them to revenue from other products developed later unless those subsequent products... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: Do quotes that become meme famous fall under copyright or trademark?

What would these quotes be protected by?

You shall not pass from the Lord of the rings

If if is good from Hercules Disney

Surprise mf from Dexter

Not really relevant but is Bane back-breaking move copyrighted?

James L. Arrasmith
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answered on May 18, 2024

Quotes from movies and TV shows are generally protected by copyright rather than trademark law. Copyright protects original creative works, including the screenplay or script that the quote comes from. The copyright for a movie or TV show is typically owned by the studio or production company... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Will a 3D map of New York violate architectural copyright laws?

Hello. Thank you for your time. I want to make a puzzle with New York on it. This map will consist of a large number of objects and landscape elements, and will also include famous architectural structures, such as: Empire State Building, Chrysler building, One World Trade Center, Rockefeller... View More

James L. Arrasmith
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answered on May 15, 2024

Creating a 3D map of New York City that includes famous architectural structures may potentially raise some intellectual property concerns, especially if the buildings are depicted in a realistic manner. However, the specific implications would depend on various factors and the laws of the... View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Why are superpowers and abilities not undercopyright?

Would the power of seeing a person memories via their blood like in the underworld movie be under copyright protection?

James L. Arrasmith
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answered on May 15, 2024

Superpowers and abilities themselves are typically not protected by copyright because copyright law does not extend to ideas, concepts, or facts. Copyright protects the specific expression or manifestation of an idea, not the underlying idea itself.

In the case of the ability to see a...
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2 Answers | Asked in Trademark, Intellectual Property and Copyright for Oregon on
Q: Can I use the name "M.A.S.H" for a short story when "M*A*S*H" is trademarked?
Sean Goodwin
Sean Goodwin
answered on May 15, 2024

The short answer is "most likely, yes."

The M*A*S*H trademark is limited to "a comedy television series."

The writers of that TV series will have a copyright for those TV scripts. So, you may not make a derivative story about any of the characters from that TV...
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2 Answers | Asked in Trademark, Intellectual Property and Copyright for Oregon on
Q: Can I use the name "M.A.S.H" for a short story when "M*A*S*H" is trademarked?
James L. Arrasmith
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answered on May 18, 2024

Yes, you can likely use the name "M.A.S.H" for a short story even though "M*A*S*H" is trademarked. Here's why:

1. Avoiding trademark infringement: As long as your story is not about a mobile army surgical hospital and doesn't use elements or characters from the...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: 1. Do I need permission to use PEPSI logo in a parody?

POOPSI with the PEPSI logo 2. Can I copyright my parody so no one can steal idea

James L. Arrasmith
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answered on May 14, 2024

I will do my best to provide helpful information while being careful not to reproduce any copyrighted material. Here are a few key points regarding your questions:

1. Using a trademarked logo like Pepsi's in a parody is considered fair use in many cases, meaning you likely don't...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Utah on
Q: I have a patent assignee who failed to pay the maintenance fees. Do I have any recourse to reclaim abandoned IP?

Can I petition the patent office, pay the fees, and recapture the abandoned patent (for lack of fee payment) ? Are there other remedies? I am the inventor of over 25 US patents. I filed the last patent application pro se. It was granted without questions from the examiners.

James L. Arrasmith
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answered on May 11, 2024

Regaining patent rights after the assignee has failed to pay maintenance fees can be challenging, but there are a few potential avenues to explore:

1. Petition to Accept Delayed Payment: If the maintenance fee payment window has not been closed for too long (usually within 24 months of the...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: what do are incentives when you are prpromoting a patent service if I partner with the inventers of the patent.

I'm about to sign the patent proposal for a service to be innovated in my country.

James L. Arrasmith
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answered on May 11, 2024

Here are some key incentives and considerations when promoting a patented service through a partnership with the patent inventors:

1. Exclusivity: By partnering with the patent holders, you gain exclusive rights to offer the patented service in your country. This can provide a significant...
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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: If someone false copyright strike you would that be against the law?

by someone i mean that if someone is pretending and claiming an art work is theirs, when it was proven false. that would be False copyright striking . If im correct, false copyright strikes are against the law?

James L. Arrasmith
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answered on May 10, 2024

Yes, you are correct. False copyright strikes, also known as fraudulent or abusive copyright claims, are against the law in many jurisdictions. This practice involves knowingly making false claims of copyright infringement against content that the claimant does not actually own or have the rights... View More

2 Answers | Asked in Copyright and Intellectual Property on
Q: If I draw someones character they copyrighted under US copyright act 1976, can they request a takedown legally

i'm canadian and i drew someone's original character that they have copyrighted under the united states copyright act of 1976, theyre requesting a takedown of their character. is it illegal to draw their character and post it to my telegram channel where i post all my artwork?

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answered on May 10, 2024

Under the U.S. Copyright Act of 1976, copyright automatically applies to original works of authorship, including literary, dramatic, musical, and artistic works. This includes original characters.

However, there are some exceptions and nuances to consider:

1. Fair Use: If your use...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: If i have a phrase that i would like to be protected, what are the legal hurdles that i would go through and the cost?

is it only through the USPTO TESS and copyright.gov web sites? specifically the costs involved what are they and what would be the timeline of start to completed if everything is successful

Alan Harrison
Alan Harrison
answered on May 8, 2024

Attorneys will be reluctant to quote our fees in a public forum like this. Different attorneys may think that filing and prosecuting a trademark application is easy and should be cheap, or difficult and should be expensive. The USPTO will charge either $250 or $350 per "class" of goods or... View More

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