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Intellectual Property Questions & Answers
Q: I want in buy the rights to an abandoned game and I can't find contact info for its owner, can anyone help?
Benton R Patterson III's answer
You may not need to buy the rights. A game is typically not protected by intellectual property rights. There may be trademark and copyright protection for certain game elements, such as illustrations or logos. Although, you could design around those. I recommend speaking with an intellectual property attorney about your business plans.
You may not need to buy the rights. A game is typically not protected by intellectual property rights. There may be trademark and copyright protection for certain game elements, such as illustrations or logos. Although, you could design around those. I recommend speaking with an intellectual property attorney about your business plans.
Q: Not sure if I need to patent idea or not.
1 Answer
| Asked
in
Copyright, Intellectual Property and Patents
for
Hawaii
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
Kevin Flynn's answer
One step is to kick your search skills up a level with the tips in my slide set. http://bit.ly/Patent_Searching.
Next you may want to wade into Section 101 issues as some software ideas are no longer welcome at the Patent and Trademark Office. This may be getting deeper into the weeds than you would like.
Most entrepreneurs are not likely to take this deep a dive into patent law nuances. However, if you are aware of the issues raised by the United States Supreme Court in...
One step is to kick your search skills up a level with the tips in my slide set. http://bit.ly/Patent_Searching.
Next you may want to wade into Section 101 issues as some software ideas are no longer welcome at the Patent and Trademark Office. This may be getting deeper into the weeds than you would like.
Most entrepreneurs are not likely to take this deep a dive into patent law nuances. However, if you are aware of the issues raised by the United States Supreme Court in...
Q: Hello..I want to list the product on the FBA. I clarified that this product is not patented, but I want confirmation fro
Benton R Patterson III's answer
You will need to hire a patent attorney to provide an opinion letter on whether the product infringes a valid patent. This is a complex analysis and cannot be answered easily.
You will need to hire a patent attorney to provide an opinion letter on whether the product infringes a valid patent. This is a complex analysis and cannot be answered easily.
Q: Is the Star trek logo/insignia trademarked
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
Oregon
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
Mr. Michael O. Stevens' answer
Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.
Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.
Q: When the business you own is an LLC - is the LLC required on all signage, logo's, etc.
1 Answer
| Asked
in
Copyright, Business Formation, Intellectual Property and Trademark
for
Kansas
on
Answered on Apr 17, 2018
Answered on Apr 17, 2018
Benton R Patterson III's answer
If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so. The decision will come down to how you use the logo and/or slogan, how valuable that branding is to your business, and what other businesses do. I recommend speaking with a trademark attorney in a...
If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so. The decision will come down to how you use the logo and/or slogan, how valuable that branding is to your business, and what other businesses do. I recommend speaking with a trademark attorney in a...
Q: Can I copyright a recipe?
Jason Brooks' answer
Copyright law does not protect recipes that are mere listings of ingredients... Copyright protection may, however, extend to "substantial literary expression"—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook.
Copyright law does not protect recipes that are mere listings of ingredients... Copyright protection may, however, extend to "substantial literary expression"—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook.
Q: Hi there just wondering if I had this display patent back in 1990 is there a way to update the patent since I.T. had
1 Answer
| Asked
in
Copyright, Intellectual Property and Patents
for
Florida
on
Answered on Apr 13, 2018
Answered on Apr 13, 2018
Kevin Flynn's answer
You cannot update an issued patent to expand coverage. You can file a new patent application. The Bell patent on the telephone was filed more than 100 years ago and there are still lots of new patent applications on the telephone.
Keep in mind, that your new application will need to be inventive over your old patent.
Intellectual Property is an umbrella term that includes patents, copyrights, trademarks, trade secrets, know-how, show-how, data bases, and other related...
You cannot update an issued patent to expand coverage. You can file a new patent application. The Bell patent on the telephone was filed more than 100 years ago and there are still lots of new patent applications on the telephone.
Keep in mind, that your new application will need to be inventive over your old patent.
Intellectual Property is an umbrella term that includes patents, copyrights, trademarks, trade secrets, know-how, show-how, data bases, and other related...
Q: where can i find an advocater to help file for erroenous conviction in california?
1 Answer
| Asked
in
Criminal Law, Civil Rights, Intellectual Property and Libel & Slander
for
California
on
Answered on Apr 12, 2018
Answered on Apr 12, 2018
Hayden Gifford Smith's answer
Are you the aggrieved party? In other words, are you saying that you wrongully imprisoned? Did you serve out the sentence?
Are you the aggrieved party? In other words, are you saying that you wrongully imprisoned? Did you serve out the sentence?
Q: What happens to things after someone passes?
1 Answer
| Asked
in
Criminal Law, Divorce, Arbitration / Mediation Law and Intellectual Property
for
Texas
on
Answered on Apr 12, 2018
Answered on Apr 12, 2018
Grant St Julian III's answer
Call a local probate attorney in your area. I do not practice in this area of law, but if you call my office, I can provide contact information of some attorneys who can help you. Good luck.
Call a local probate attorney in your area. I do not practice in this area of law, but if you call my office, I can provide contact information of some attorneys who can help you. Good luck.
Q: Man's new partner writing children's book, using child's real name. Legal mother doesn't know. Is this legal?
Joseph Jaap's answer
It isn't against a law. But the custodial parent might have a civil claim for invasion of privacy or unauthorized use of the child's name or likeness without permission. So the author is risking a lawsuit and should use the Find a Lawyer tab to consult a local attorney, or use a different name in the book.
It isn't against a law. But the custodial parent might have a civil claim for invasion of privacy or unauthorized use of the child's name or likeness without permission. So the author is risking a lawsuit and should use the Find a Lawyer tab to consult a local attorney, or use a different name in the book.
Q: Is it legal to re-sell a chinese trademarked item, and is it necessary to get permission from the manufacturer?
Jingzhan Wang's answer
consider two aspects:
1.Is the licensed trademark only registered in China or it has an international registration?
2. are you going to resell it in China or anywhere else?
consider two aspects:
1.Is the licensed trademark only registered in China or it has an international registration?
2. are you going to resell it in China or anywhere else?
Q: Property (water pipes & heating) damages caused by lending company whom are trying to foreclose. What can we do
1 Answer
| Asked
in
Intellectual Property and Real Estate Law
for
New Jersey
on
Answered on Apr 9, 2018
Answered on Apr 9, 2018
Leonard R. Boyer's answer
Your situation requires an in person consultation with both an experienced mortgage foreclosure defense attorney and a civil litigation attorney. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have...
Your situation requires an in person consultation with both an experienced mortgage foreclosure defense attorney and a civil litigation attorney. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have...
Q: I entered an agreement with an LLC based on a false info provided by it sole owner, can I sue the owner personally?
1 Answer
| Asked
in
Contracts, Intellectual Property and Internet Law
for
California
on
Answered on Apr 9, 2018
Answered on Apr 9, 2018
Benton R Patterson III's answer
If the owner personally made a material misrepresentation, then yes, you would be able to sue him or her personally. I recommend speaking with an attorney would has handled these type cases in your state.
If the owner personally made a material misrepresentation, then yes, you would be able to sue him or her personally. I recommend speaking with an attorney would has handled these type cases in your state.
Q: Is it possible to register an identical trademark name in the same class, for complete different products?
Benton R Patterson III's answer
Yes, it is possible for two different products to share the same trademark, even though both products fall under the same trademark class.
Yes, it is possible for two different products to share the same trademark, even though both products fall under the same trademark class.
Q: have any patents been filed in regard to the new lithium extraction process developed by John Burba?
Peter D. Mlynek's answer
Yes, he has several dozen patents related to lithium, including extraction process from brine.
Some (but not necessarily all) of the patent applications that he is listed as an inventor are found in the following list:
http://appft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=0&f=S&l=50&TERM1=burba&FIELD1=IN&co1=AND&TERM2=lithium&FIELD2=&d=PG01
Some (but not necessarily all) of the patents on which he is listed as an...
Yes, he has several dozen patents related to lithium, including extraction process from brine.
Some (but not necessarily all) of the patent applications that he is listed as an inventor are found in the following list:
http://appft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=0&f=S&l=50&TERM1=burba&FIELD1=IN&co1=AND&TERM2=lithium&FIELD2=&d=PG01
Some (but not necessarily all) of the patents on which he is listed as an...
Q: Is it bad faith if I registered a domain name I let expire years ago when it became available again?
Gary Lane's answer
Domains are on the market like any other product. You have every right to purchase any Domain you like. Look for the best deal - usually, the first year is less expensive. Good Luck.
Domains are on the market like any other product. You have every right to purchase any Domain you like. Look for the best deal - usually, the first year is less expensive. Good Luck.
Q: Can I include a claim based on an old expired provisional patent application into a new application
Kevin Flynn's answer
If you are seeking to file a patent application to claim something in a provisional application by some other inventor -- that does not work as you need to be the original inventor. You cannot file a patent application on a good idea that someone else had -- even if they did not seek to claim that invention in a later patent application.
If you filed a provisional application A and then filed a non-provisional application B before A expired and you want to claim material that was in...
If you are seeking to file a patent application to claim something in a provisional application by some other inventor -- that does not work as you need to be the original inventor. You cannot file a patent application on a good idea that someone else had -- even if they did not seek to claim that invention in a later patent application.
If you filed a provisional application A and then filed a non-provisional application B before A expired and you want to claim material that was in...
Q: Is the case of film/synopsis/trailer copyrights infringement worth suing?
Louis George Fazzi's answer
The situation you describe certainly warrants a meeting with competent intellectual property attorney(s). You are in the right area to find some of the best IP lawyers in the country. I'm sure an initial meeting to determine whether the case is worth pursuing would be free.
The situation you describe certainly warrants a meeting with competent intellectual property attorney(s). You are in the right area to find some of the best IP lawyers in the country. I'm sure an initial meeting to determine whether the case is worth pursuing would be free.
Q: If I was assaulted while I was in the nail shop is that considered their fault for not calling police or security?
4 Answers
| Asked
in
Civil Rights, Constitutional Law, Personal Injury and Intellectual Property
for
California
on
Answered on Mar 12, 2018
Answered on Mar 12, 2018
Dale S. Gribow's answer
if the police know the man pressure them to file on him
the nail shop does not have exposure but they should have called police.
maybe they were concerned some of their employees were not "legal"???
if the police know the man pressure them to file on him
the nail shop does not have exposure but they should have called police.
maybe they were concerned some of their employees were not "legal"???
Q: What happens if you come across an invention w/status of "abandoned" on the application? Can you move forward with it?
Kevin Flynn's answer
If an application is abandoned far enough back that it is not a situation where the response was lost in the mail (and may be revived), then you should check three things.
1) Sometimes when things are not going well, an applicant will file a continuation or a continuation-in-part and continue seeking patent protection under that new serial number. If you look at the application that is abandoned in Public PAIR -- you can check the tab labelled continuity data to see if this has...
If an application is abandoned far enough back that it is not a situation where the response was lost in the mail (and may be revived), then you should check three things.
1) Sometimes when things are not going well, an applicant will file a continuation or a continuation-in-part and continue seeking patent protection under that new serial number. If you look at the application that is abandoned in Public PAIR -- you can check the tab labelled continuity data to see if this has...
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