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Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property on
Q: Can images/scans of likely copyrighted sports cards be partially reproduced and redistributed?

I'd like to create a deck of cards with scans of relatively new sports cards (30-40 years old) in the inset of the card, and sell that deck as game cards for a board game. Since they are just scans of the original card, it would never be mistaken as a reprint. As a result, though, names and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 14, 2021

I am not sure if the 30% rule is a hard rule.

You are in risky territory.

I do not recommend you do it.

Consult with an attorney.

2 Answers | Asked in Products Liability, Identity Theft, Intellectual Property and Small Claims for Nevada on
Q: Social Security Administration lost my passports when sending us back through USPS without insurance. Possible to claim?

I applied for my 3-yr old daughter's social security number for her health insurance. Because of Covid, SSA required us to submit the original copies of her and my passports at their office. Once my daughter was approved of the SSN, the SSA office sent us back the passports through uninsured... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

You should make a report to the post office. Take your copy of that report and make a claim to Social Security. They may want to you reapply for your daughter's passport so they have the copy of the bills. They say no, talk to your congressperson & Senators--each has a staff member to... Read more »

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1 Answer | Asked in Intellectual Property on
Q: In this modern day, how can I safeguard against privacy & intellectual property threats via telepathy/mind reading?

Have laws been developed to safeguard against and punish unethical telepathy?

Omar Darwich
Omar Darwich answered on Jun 10, 2021

I don't believe you're going to find an answer to this question here.

1 Answer | Asked in Copyright and Intellectual Property for Delaware on
Q: I have a software that I want to protect, what would be the best option as I was recommended that copyright is not best

Option as copyright will provide public access, although not clear for me, but what do you recommend

Omar Darwich
Omar Darwich answered on Jun 7, 2021

So I know its been a min since you've posted this question, but if you've developed a "new" software it might be best to seek a patent for your invention.

1 Answer | Asked in Copyright, Estate Planning, Business Law and Intellectual Property for Nevada on
Q: My late husband had semiconductor patents. I haven't probated yet and not sure what needs to be done. US4,697,332
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

Talk to an attorney

Patents are property, but they expire, so depending on when he got them you may or may not have any valuable assets

1 Answer | Asked in Identity Theft, Internet Law and Intellectual Property for Texas on
Q: A woman stealed a photo of me and my exgirlfriend and she uses it as a profile photo in social media. I’m married?

A woman stealed a photo of me and my exgirlfriend and she uses it as a profile photo in social media to say that I’m dating her while this is a lie. In the photo I’m kissing my ex girlfriend but only my face can be seen while my ex girlfriend face is hidden. She only uses that photo. I’m... Read more »

Randy Sorrels
Randy Sorrels answered on Jun 5, 2021

If she has put you in a false light by using this photo, then you may have a claim against her. You should first ask her to remove the photo immediately (in writing) though as an alternative to filing a lawsuit.

1 Answer | Asked in Civil Litigation and Intellectual Property on
Q: Hi, should I take the 500 euros a dating app is offering me as compensation for stealing my photo and using it as an ad?

A French dating app used my photo, against its own terms and conditions as well as the law (I believe) and used it as its own marketing content, until a year ago when someone who saw it sent it to me, having recognised me in this picture. My image was the first image that appeared when one googles... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

I'm sorry this happened to you. Your post does not mention a state, or whether this took place in the United States, since you describe an overseas-based app and an overseas currency. It's understandable that you have concerns about a matter that could hold uncertainty as to how it would... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: If I were to market/sell a caffeine free energy substitute using a pouch delivery system would that be against patent?

I understand there are many products that use saliva based delivery (pouch) methods. Are all of these required to gain permission or establish patents to market and sell these types of products?

Thank you

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021

depends

consult with an attorney

you would need to look and see if there are any patents associated with that in the jurisdiction where you plan to make, sell or import

2 Answers | Asked in Intellectual Property for California on
Q: Trademark Infringements and I don't know what to do ... need to find a lawyer to hire?

above - my email is whimsymecandles@gmail.com and my telephone number is 845-797-1574. please leave a message and i will call you right back if i don't pick up. i believe i may need an attorney for this type of issue long-term. thank you!

I rec'd the following email re my... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jun 1, 2021

Correct me if I am wrong..

You have a registered trademark for Candle Therapy by Whimsyme. Someone else is trying to register a trademark for Candle Therapy, and the examiner rightly refuses registration because of likelihood of confusion. So they are threatening a fake lawsuit to push you...
Read more »

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2 Answers | Asked in Copyright and Intellectual Property for Minnesota on
Q: I resell phone cases with animetrd pictures of popular band can I be sued for copyright infringement

And does the fact that they are band is based in another country change things

Marcos Garciaacosta
Marcos Garciaacosta answered on May 29, 2021

If you do not have a license to put the band there, yes you could be sued.

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1 Answer | Asked in Intellectual Property on
Q: Product infringement case filed against us and almost 300 other online sellers

This is regarding a product infringement case filed against us and almost 300 other online sellers on different platform. This trademark is a chinese sign which was registered in september 2020. They saw a listing on our store in December 2020 and filled a case against us well. Though we got an... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 27, 2021

Depends.

Check with an attorney.

It is not clear if you have been sued or just received a cease and desist.

If it is just a C&D it may be a shake down.

If it is a lawsuit you should hire an attorney and answer the lawsuit.

If you feel it is an abuse of...
Read more »

2 Answers | Asked in Intellectual Property for Massachusetts on
Q: Can we use the term "battle bots" to describe remote control wooden "bots" that kids build at our makerspace?

Middle school kids learn engineering skills by building remote control "bots" that battle in an "arena" and have fun. We are a 501(c)(3) non-profit and do not do TV shows or compete with BattleBots TV show. We are a STEM education center. Is it trademark infringement to adopt... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 26, 2021

I would recommend you don't

Very likely to run into problems

Consult with an attorney to evaluate your situation

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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: I'm wanting to publish a book of emails publication statements from the attorney general's media team. Can I do this?

I'm on the email list of a state attorney general and after his term(s), I want to put a book together consisting of email blasts sent from the AG's office. Can I do this since they might be considered public domain? I do admire the AG and would be putting out positive content, shall I... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 25, 2021

Maybe. Consult with an attorney.

You are correct that the information is in essence public domain, but there may be some quirks to pay attention to

1 Answer | Asked in Copyright and Intellectual Property for Delaware on
Q: Am starting my company,and I have a software I need to protect what's the process to copyright it. Thanks R. Amer
Marcos Garciaacosta
Marcos Garciaacosta answered on May 25, 2021

Consult with an attorney

Copyright gives people public access to your creation so it may not be the best option

1 Answer | Asked in Copyright and Intellectual Property on
Q: Is there an interest to copyright the presentation of a patent knowing that the patent is already registered ?
Marcos Garciaacosta
Marcos Garciaacosta answered on May 22, 2021

Copyright and patents cover two different aspects of intellectual property

However a patent itself, the writing, is a public document

The patent invention is what the patent protects. It gives warning to people that implementing that invention is a violation of your rights....
Read more »

1 Answer | Asked in Contracts, Products Liability and Intellectual Property for California on
Q: I would like to know how to contact an Inventor with whom i have invested money with

I have not seen or heard from him in years and I've been trying to find him

Tim Akpinar
Tim Akpinar answered on May 21, 2021

A California attorney could advise best, but your question remains open for four weeks. There are the usually ways you probably are already aware of, in terms of online research tools. You could speak with an investigator. Some full-service process serving companies hold themselves for such work.... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: I just passed the California bar exam. I work as a chemical/ petroleum engineer and looking for a part time job in

In intellectual property ( patent and trade mark ) . I am looking for a mentorship. please let me know if you know an attorney who is interested to offer me a job or internship or metorship.

Thank you in advance .

Naz.

Peter D. Mlynek
Peter D. Mlynek answered on May 21, 2021

Congratulations on passing a state bar, Naz!

Although I can't offer you a job right now, here are a couple of points:

(1) You need to decide if you want to go into patent prosecution or patent litigation. Those are two separate practices. Although there are attorneys who...
Read more »

3 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: I am writing a dark-retelling of beauty and the beast. If I have a similar character named Gaston, is there copyright?

His looks are pretty similar, slightly different. He has a completely original backstory, different motivations for going after Belle, and a different death than he does in the movie.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 18, 2021

Maybe, it depends.

You need to consult with an attorney before you get into any trouble.

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1 Answer | Asked in Copyright and Intellectual Property on
Q: Are old and existing cultural aspects which are used in books in a certain altered way make it copyright protected ?

I wish to write a book where i would like to use hand gestures for initiating an action, however such usage of hand gestures exist in other works. Though my gestures are different in looks and meaning as well as expression, the idea seems to be same as others. Can a simple hand sign of... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 15, 2021

Check with an attorney to understand your risks.

In general concepts and ideas are not protectable, only the implementation and the physical instantiation of those ideas, like a book, video, etc.

Best luck!

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