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Intellectual Property Questions & Answers
2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: “Could you clarify what U.S. Patent No. 10,745,83

“Could you clarify what U.S. Patent No. 10,745,833 specifically covers in relation to the product? Does this patent apply to the design, size, or a unique functional feature of the towel? Since a towel is a common and widely available commodity, how is it possible for such an item to be patented,... View More

Sean Goodwin
Sean Goodwin
answered on Dec 19, 2024

The "Claims" section defines exactly what the patent covers. The two main ("independent") claims are:

1. A fabric, comprising:

a plurality of first material yarns; and

a plurality of second material yarns, in which the plurality of first material yarns...
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3 Answers | Asked in Copyright, Business Law and Intellectual Property for New York on
Q: My photos are being used on SHEIN without my permission. What can I do about this?

I have a small business where I sell handmade bracelets. It has come to my attention that

SHEIN used to of my photos.

David H. Relkin
David H. Relkin
answered on Dec 19, 2024

I assume that your images are on Shein's website.

So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for South Carolina on
Q: According to U.S. PATENT NO. 10,745,833, we need clarification if we are producing same towels can we import it into US

We are manufacturer of towels, as per U.S. PATENT NO. 10,745,833, we need to know that we are producing same towels in different sizes and want to export it to US. Are we allowed to import towel in US. Is this patent for printing or blank towels also need a little clarification

David Aldrich
David Aldrich
answered on Dec 18, 2024

U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, which are of varied scope. Whether... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: If I sell a coffee blend called “Goondocks Blend” am I at risk of trademark infringement?
Sean Goodwin
Sean Goodwin
answered on Dec 18, 2024

That's a great question. I highly recommend that you hire a competent trademark attorney to run a clearance search before you launch the brand. That search should take approximately 1-3 hours, depending on how many results need to be reviewed. If you get the green light, you should also... View More

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3 Answers | Asked in Trademark, Entertainment / Sports and Intellectual Property for California on
Q: How can I claim the right to use a similar band name that was previously trademarked?

The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More

Sean Goodwin
Sean Goodwin
answered on Dec 15, 2024

File a trademark application with the USPTO.

Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned...
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3 Answers | Asked in Trademark, Entertainment / Sports and Intellectual Property for California on
Q: How can I claim the right to use a similar band name that was previously trademarked?

The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More

Felicia Altman
Felicia Altman
answered on Dec 16, 2024

In order to claim rights to a prior trademark you must file a trademark application with the USPTO. If the mark is abandoned and it cannot be renewed or revived then you can file a trademark application for the same or similar mark in the same class of services. I recommend using a Trademark... View More

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3 Answers | Asked in Bankruptcy and Intellectual Property for Virginia on
Q: Would an unfinished software app need to be disclosed in a Chapter 7 Bankruptcy?

Hello, I met with an attorney and was told I qualify for a Chapter 7. I have very few assets, I took out a lot of personal debt when trying to start a failed software business. I have closed that business and the attorney mentioned disclosing the apps that I released as assets.

Let’s say... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Dec 12, 2024

The tradeoff in bankruptcy is full disclosure in return for a discharge of debts. The debtor benefits from full disclosure, and avoids the possibility of a denial or revocation of discharge. All the schedules and statements in bankruptcy are signed by the debtor under penalty of perjury. If a... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: can I contact an inventor of a patent?

I had the same idea that one inventor patented but he if from Australia. This product doesn't look like it sold in America and I want to get in touch with him to ask him some questions. Is this possible?

Sean Goodwin
Sean Goodwin
answered on Dec 8, 2024

Yes, you can contact the inventor. Most inventors assign (i.e., sell) their patent. So, you should contact the owner of the patent instead.

If the owner of a patent in a foreign country does not have a correlating patent in the United States, then you are free to make, use, and sell the...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: This guy didn’t invent this lure How was he able to patent a product? He took general product and claimed as his own

It’s a common fishing lure. He didn’t add anything special to the lure

Sean Goodwin
Sean Goodwin
answered on Dec 6, 2024

I don't know which patent or lure you are speaking of, but occasionally the patent examiner will make a mistake and register a patent which is obvious or not novel. There is a procedure at the USPTO to contest a registered patent if you can provide documentation (aka, prior art) that was not... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: If I applied for a patent in US, then somebody stole it and done it in another country, like China as example, then if I

Then if I went to China and applied for a patent for the same device, which one of us will take the patent, me or him , if he already applied for a patent after stole it from Me in US ? , does this apply to any country I apply for a patent in it ? Like if I applied in Egypt, which will cost me... View More

Sean Goodwin
Sean Goodwin
answered on Dec 5, 2024

Patent treaties between countries do not allow this to happen (generally). Patents are country-specific and allow you to make, use, sell, and prevent others from doing the same in that country.

Requirements to get a patent:

1) Able to be used (the invention must work and cannot...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Arkansas on
Q: Hi. I am consider to paten an apparatus for pulling. The apparatus requires the use of a handle which may be patented.

So the handle is a handle that is primarily used for jump ropes but I am using my handle simply for the motion effect and it will my product will not be a jump rope. Are there any legal problems with this to patent the new product that I am designing.

David Aldrich
David Aldrich
answered on Dec 4, 2024

This type of product is certainly patentable. However, whether you will be able to successfully obtain a patent will depend on whether it has already been disclosed by someone (this is called "prior art"). You should contact a qualified patent attorney directly (this is just public... View More

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2 Answers | Asked in Trademark and Intellectual Property on
Q: How can you purchase and register a trademark once it has a '606 - Abandoned - No Statement Of Use' filed?

I am specifically interested in acquiring trade mark Serial # 87847526. If possible could you send your answer to :

Sean Goodwin
Sean Goodwin
answered on Dec 2, 2024

If the trademark application/registration is abandoned, then anyone can file a trademark application to claim it.

USPTO application fees are non-refundable, and currently take about 9 months before an examiner will pick up your application. I highly encourage you to hire a competent...
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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: could I be reported for copyright?

If I sold t-shirts with the words "SAD DAD CLUB" or "SAD DADS CLUB" printed on them but the words "SAD DAD" are trademarked for use on t-shirts, could I be reported for copyright?

Sean Goodwin
Sean Goodwin
answered on Nov 21, 2024

You are asking for a complicated legal opinion, which most attorneys will not provide unless you are a client. If you would like a detailed answer to your question, please hire a competent trademark attorney.

The test for trademark infringement is "likelihood of confusion."...
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2 Answers | Asked in Trademark and Intellectual Property on
Q: Im looking to start a fashion market place, and i like the name "modella". Can i use this name + get it trademarked?

I would like to trademark mainly in the US and Europe, maybe even international. I just need clairfication if the trademark is possible to get.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Nov 20, 2024

There are US registrations for MODELLA used on software in class 009, and on travel bags in class 018, but not for apparel in class 025 or store services in class 035. Most likely this mark can be registered for the uses you propose.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: If i made a shirt with a name on it that is now a trademark, can I be reported for copyright?

I made a shirt for my daughter 2 years ago that says "zach bryan" with a photo that she picked of a longhorn. Facebook notified me that I have been reported for copyright Infringment but I don't see how as my daughter picked a photo I made on the computer. It was not copy and pasted

Patrick Cummins
Patrick Cummins
answered on Nov 13, 2024

If the copyright infringement allegation is directed to the picture of the longhorn, and you captured the image of the longhorn or you drew it yourself, you are likely not at fault. If someone else drew the image of the longhorn, or captured the image of the longhorn with their camera, then you... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Need to provisional patent on a device for vision screening. How Do I file a provisionanl patent to build the POC?

The device is not been made yet. I need to file a patent right away. Is there a patent type that is relatively cheap so we can protect our intellectual property until we build a POC?

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 11, 2024

A couple of points:

(1) Congratulations on worrying about patenting your device. Way too many people build the product, sell it, and then seek to get a patent, only to be told that it is too late.

(2) However, there is such a thing as trying to file a patent application too early....
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3 Answers | Asked in Trademark, Copyright and Intellectual Property for California on
Q: I'm looking to create and sell books commercially.

Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More

Sean Goodwin
Sean Goodwin
answered on Nov 8, 2024

The titles of books cannot be copyrighted.

Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing....
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: Is the term/name “Wheel of Calamity” trademarked or copyrighted in any way?

Intend to start a social media company under this title and want to verify its Existence amount other trademarked intellectual property.

Sean Goodwin
Sean Goodwin
answered on Nov 8, 2024

The best answer you will get to this question is from a trademark attorney who has conducted a legal analysis based on a clearance search. I highly recommend that you hire a qualified attorney to do this before you start spending money on advertising and then realize that you will have to rebrand... View More

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2 Answers | Asked in Patents (Intellectual Property), Trademark and Intellectual Property on
Q: Hi, I am trying to drop ship the nova bag from the website Wool & Oak. I don't know if the product is patent, trademark

I just want to know if I am allowed to drop ship this product and brand it after. Is it legal. So did Wool & Oak patent it or trademarked it or put copyrights on it. The product they sell is the only thing I care about. I won't take anything from their website

Sarah Teresa Haddad
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answered on Nov 3, 2024

The product is most likely subject to more than one form of Intellectual Property protection by its manufacturer or original owner: trademark (its brand), trade dress (protects the overall appearance of the product, including its size, shape, color, texture, and graphics), patents of any... View More

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2 Answers | Asked in Intellectual Property, Internet Law and Copyright for Louisiana on
Q: Is it legal to take a recipe video from instagram and use an AI bot to create a recipe list from said video?

Would allow users to copy a link to the video and then paste it into the app, the AI would generate a shopping list and recipe steps to make said dish.

Sarah Teresa Haddad
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answered on Oct 24, 2024

AI generating the shopping list and recipe steps from the link to the video: whether or not this is considered copyright infringement of the contents of the video or "illegal", will depend on if using the AI generative tool in this way will be considered Fair Use of the content of the... View More

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