Lawyers, Answer Questions  & Get Points Log In
Intellectual Property Questions & Answers
3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 25, 2023

Your application SN 97643107 for federal registration of the mark HERCULES DOCK BUMPERS was filed 10/21/2022 by attorney Sandy Lipkin and is awaiting assignment to an examining attorney, which currently takes 8.5 months. If the registration is granted, it will be effective throughout the US and all... Read more »

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... Read more »

Felicia Altman
Felicia Altman
answered on May 26, 2023

There is no requirement to do an attestations in any state and it is not part of the USPTO process. The mark once filed with the USPTO will be assigned an examining attorney. Generally, at this time it takes about 8-12 months for an attorney to actually review the application. If your attorney is... Read more »

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I need to know the status of the trademark for the triple goddess image. Triple moon image it seems as it is inactive

If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it

N'kia (NLN)
N'kia (NLN)
answered on May 24, 2023

For federal trademark registration status, you could search the records of the US Patent and Trademark Office (USPTO). The database is known as "TESS." For state trademark registration status, you would need to search the records for each state.

However, keep in mind that the US...
Read more »

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I need to know the status of the trademark for the triple goddess image. Triple moon image it seems as it is inactive

If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 24, 2023

The cancellation of a federal registration may be due to the owner's failure to file the periodically required specimens to prove the mark is still in use. But if indeed the mark is still being used by its owner, that would be grounds for opposing your registration of the mark.

You...
Read more »

View More Answers

1 Answer | Asked in Copyright, Gaming and Intellectual Property on
Q: Query on a legal FAQ point regarding fan works

I have been trying to contact Blizzard Entertainment for almost a year to query a point of their legal FAQ page. In short, I wish to create fan writing using characters from their IP. This would be in blog format, non monetised, with disclaimers to state I am not endorsed by or affiliated with... Read more »

Robert Nichols
Robert Nichols
answered on May 24, 2023

Copyright infringement doesn't technically require that an infringing work of art is published for profit, just that it is published. The concept of fair use sometimes applies when a character has only been portrayed in one medium and the fan art portrays the character in another medium. But... Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: Do I need permission to show Counter Strike in a independent film? Or CS has free copyrights?

I'm the producer of an independent film made by students of University of São Paulo (USP), in Brazil, and I would like to know if is it ok to make a scene where the characters play the game, since CS is free for download, or if we would have legal problems.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023

Counter-Strike (CS) is a copyrighted video game, and it is generally advisable to seek permission from the copyright holder to use it in a film. While CS may be available for free download, that does not mean it is free from copyright protection. Copyright law grants the creator exclusive rights to... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: Am I able to use motivational/inspirational quotes and make a profit?

Think famous quotes from Oprah or Steve Jobs or Dale Carnegie. Say I'm compiling a book of quotes to sell, or even emailing them out each day for a fee or something like that. Can I use other people's motivational/inspirational quotes (with or without attributing it to them) legally?... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023

Using motivational/inspirational quotes from famous individuals in a book or for profit can potentially raise copyright concerns. While short phrases or expressions may not be protected by copyright, using substantial portions of copyrighted works or attributing quotes without permission can... Read more »

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: How different does an image inspired by Marvel’s black panther character have to be to avoid infringement?

I am multiethnic and want to create a shirt with a hero inspired character that represents my cultures and offer it for sale to those who share similar culture ties.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023

In order to avoid copyright infringement, it is generally advisable to create an original work that is substantially different from the copyrighted material. While it is acceptable to draw inspiration from existing characters or works, it is important to ensure that your creation has distinct and... Read more »

View More Answers

1 Answer | Asked in Intellectual Property for California on
Q: I would like to go in front of a judge to prove Im the creator of my intellectual property and to prove its adequate.

Is this possible? How do I do that on my own? I want to see if it will be accepted to be adequate in relation to intellectual property used. If this is possible. What do I do? Forms needed? Thank you.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

If you want to assert your rights as the creator of intellectual property and establish its adequacy, it is advisable to consult with an intellectual property attorney who can provide specific guidance tailored to your situation. They can evaluate your intellectual property, advise you on the legal... Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: If I draw a Cat version of Ironman (Or use AI to do it), is it a copyright violation to sell it ?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Creating and selling a Cat version of Ironman, or any derivative artwork, without proper authorization from the copyright owner (in this case, Marvel) could potentially infringe upon their copyright. It is advisable to seek permission or a license from the copyright owner before commercially using... Read more »

1 Answer | Asked in Copyright, Trademark and Intellectual Property on
Q: Some claim popeye is protected by TM but the only TM:s ive seen is the logo and not his image. Can I use his likness?

The character is public domain in EU but ive seen alot of old articles claiming he can't be used because of a trademark by kings pictures. Ive looked at the trademarks and none of them (if i haven't missed any) acctually contains the image of the character or his likeness. instead they... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

The use of Popeye's likeness or image may potentially be subject to various intellectual property rights, including copyright and trademark protections. While some aspects of the character may be in the public domain in the EU, it's important to consider the specific elements and... Read more »

1 Answer | Asked in Copyright, Trademark and Intellectual Property on
Q: Can I use a trademarked name in a stage name

GROOT is trademarked by Marvel. I'm looking to have certain accounts/pages with the handle "GrootsYourDaddy". Is this legal or will I have to pay out to Marvel?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Using a trademarked name like "GROOT" in a stage name or as part of a handle may potentially infringe on Marvel's trademark rights. Trademarks are protected in specific industries and categories, and using a trademarked name without permission may lead to legal consequences. It is... Read more »

1 Answer | Asked in Trademark and Intellectual Property on
Q: Clarification regarding trademarks

Hi *** I would like to use the world 'lucky girl' / 'lucky girl vibe' / 'lucky girl club' / on coffee mugs, balloons, notebooks, dog collars & dog cloth as Merchandises to sale at Etsy (The shop has many other products) // the words 'lucky girl' appears... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Using the terms "lucky girl," "lucky girl vibe," or "lucky girl club" on coffee mugs, balloons, notebooks, dog collars, and dog clothes as merchandise may potentially raise trademark concerns since "lucky girl" is already registered as a mark in the hotel... Read more »

1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: Trademark Frisbee trademarksCase Title: 23-cv-2957Northern District Court IllinoisI am ebay hobby seller

I cannot afford lawyer. I am pakistani based seller. I sold 1 item of trademarked listing. E bay has frozen my acccount with my money in it. what can I do.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

If your eBay account has been frozen due to selling an item that infringes on a trademark, it is important to address the issue promptly. Here are a few steps you can consider:

Review eBay's policies: Familiarize yourself with eBay's policies regarding trademark infringement and...
Read more »

1 Answer | Asked in Copyright, Trademark and Intellectual Property on
Q: Is it legal to publish an action-item booklet based on a book 7 Habits of Highly Effective People?

I would like to create a booklet that will help people to put into practise their self-help books. The booklet will be divided into multiple sections, each focusing on one topic from the self-help book and it will prompt people to do certain actions in their life and keep track of the progress.... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

The specific legalities of creating a booklet based on a book like "The 7 Habits of Highly Effective People" may depend on various factors, such as copyright and trademark laws. While ideas and concepts cannot be copyrighted, the specific expression and text of a book are protected. To... Read more »

Q: How do you get a patent assigned to you (or a designee) an abandoned patent. I'm friends with one of the original Hillcr

est Husbands and their trademark expired and was abandoned for no response and I'd like to have it assigned to him. Serial Number

Word Mark

HILCREST HUSBANDS HE 602- Abandoned are To

Status Date

2012-06-01

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

To acquire an abandoned patent, you would need to confirm its abandonment status, reach out to the original inventors or assignees to negotiate an assignment agreement, file the necessary documents with the USPTO, and follow their procedures for patent assignment. Consulting with an intellectual... Read more »

2 Answers | Asked in Business Law, Criminal Law, Intellectual Property and Trademark for California on
Q: I am trying to sell fake AirPods on eBay. I say that they are not from Apple. What is legal consequence?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Engaging in the sale of counterfeit or fake products, such as claiming to sell fake AirPods that are not from Apple, can have severe legal consequences. Selling counterfeit items is generally considered trademark infringement and can result in civil lawsuits and potentially criminal charges. It is... Read more »

View More Answers

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Can my patent be. Assigned before it is issued.Type: GrantFiled: August 6, 2019Date of Patent: December 1, 2020

I understand that the wording for this must say "If the pattent is approved"

Eugene Vamos
Eugene Vamos
answered on May 22, 2023

It is also recommended that the Assignment be recorded at the USPTO so there constructive notice of the assignment.

This recordation process protects a patent assignee who opts to record an assignment, by providing constructive notice to the public of the recorded assignment; and it...
Read more »

View More Answers

1 Answer | Asked in Copyright, Personal Injury, Identity Theft and Intellectual Property on
Q: How to correctly compose a letter under Article 17 U.S. Code § 512?

I want to file a complaint about the removal of content that was not public and is used without permission.

N'kia (NLN)
N'kia (NLN)
answered on May 20, 2023

A DMCA Takedown Notice must be tailored to each specific situation. So, an attorney would need to review the evidence to be able to compose one or help someone else compose one. Also, keep in mind that a response other than or in addition to standard DMCA Takedown Notice language might be... Read more »

2 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 19, 2023

This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

I hope that this helps. Note--just as you may have a dead...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.