Intellectual Property Questions & Answers

Q: Using Magazine and Newspaper covers on my website.

1 Answer | Asked in Consumer Law, Copyright, Communications Law and Intellectual Property for New York on
Answered on Aug 13, 2018
Michael David Siegel's answer
You cannot do it. The logos and designs of newspapers are copyrighted.

Q: Which of these patents are on the vegetable cutting machines and is the period over?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Answered on Aug 13, 2018
Kevin Flynn's answer
Your question as reproduced for attorneys to answer did not list the patents.

Let me give you the rules for patent term so you can answer the question yourself.

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten the term) It is the...

Q: MY BRAKES FAILED AT MY APARTMENT COMPLEX GATE AND I PLOWED RIGHT THRU IT..LEAVING IT DAMAGED. HOW DO I GO ABOUT THIS

1 Answer | Asked in Contracts, Criminal Law and Intellectual Property for Tennessee on
Answered on Aug 7, 2018
Mr. Kent Thomas Jones Esq.'s answer
Well, first I don't know how you didn't live at the apartment complex when you said that it was YOUR apartment complex. The facts that the car was not registered and there were no updated tags will not help in court. You need to consult with local defense counsel if you can afford it. If you cannot afford it, then a district attorney or another local counsel on a list can be appointed to you. Does anybody know that you did it?

Q: Trademark issue from previous owner?

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Answered on Aug 7, 2018
Benton R Patterson III's answer
Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.

Q: If somebody steals your intellectual property rights for patents documents can you still pursue the litigation?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Aug 6, 2018
Kevin Flynn's answer
I am not sure that I have your precise question but let me take a guess.

FACT Pattern

I am guessing that you invented something and had some level of documentation of your development and proof of date of conception of that invention. That material is now largely gone.

RESULTS

You can still file for a patent. No one from the patent office will ask for documentation on the dates that you invented things. You will need to sign an oath under penalty of perjury...

Q: How do you find the value of a patent?

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Aug 4, 2018
Peter D. Mlynek's answer
The COST of getting a single US patent is several tens of thousands of US dollars. It could be as little as $10K, or as much as $50K+. It depends on many factors.

Now, the VALUE of a patent, once the US Patent Office grants it, is determined the same as the value of anything else. The value of a patent depends on the market; the value of a patent is somewhere between whatever the owner of the patent is willing to sell it for and whatever the purchaser is willing to buy it for. It...

Q: what legal rights do children have of mothers property after she passes away with no will

1 Answer | Asked in Family Law, Intellectual Property and Estate Planning for New York on
Answered on Aug 4, 2018
Michael David Siegel's answer
If there is a husband, half. If there is no husband, all of it.

Q: Can I create a character out of a toy made by another company and turn it into a business that makes money?

1 Answer | Asked in Business Law, Copyright and Intellectual Property on
Answered on Aug 2, 2018
Camille Brooks Ibrahim's answer
It depends! The first line of business is to find out if the toy is patented. If it is then no you will be able to market this toy without consenting with the manufacturer. If it is not patent, then just to be on the safe side you might want to speak to an IP attorney, such as my office, or someone near yourself and request further options.

Q: Can I trade property in North Carolina for payment of New York child support? I live in Florida now.

1 Answer | Asked in Child Support and Intellectual Property for Florida on
Answered on Aug 1, 2018
Terrence H Thorgaard's answer
See to it that the property is sold and you have received the proceeds before you release the child support obligation. He may be saying that the property is worth more than it is, or there may be a problem with the title.

Q: This is Michael Tallen need to talk to lawyer about above patent.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Oregon on
Answered on Jul 27, 2018
Peter D. Mlynek's answer
I sent a message to your LinkedIn account. If you want to talk, please give me a call.

Q: Why would the patents show up on google and not on the uspto.gov website?

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Jul 27, 2018
Peter D. Mlynek's answer
Typically, it is the other way around. It appears to take several months for US patents to show up on Google, whereas patents show up on UPSTO the day that they are issued.

But some foreign patents do not show up on USPTO's site, but Google may have them on their site.

Overall, my experience with Google patents is pretty positive. It still has ways to improve, but I think that most laypeople would much prefer Google to USPTO.gov.

Q: Do officers have to release my intellectual property (images) after car is impounded? Can they hold them from me?

1 Answer | Asked in Copyright, Intellectual Property, DUI / DWI and Products Liability for Idaho on
Answered on Jul 25, 2018
Peter Munsing's answer
Contact an attorney experienced in DUI in the county where you are charged. You'll need him for the DUI and she can advise you on this aspect. They'll work out payments.

Q: I would like to know if patent agent ROBERT VON HECK is still alive and available for business.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Arizona on
Answered on Jul 25, 2018
Peter D. Mlynek's answer
I don't know, but he is no longer listed as a patent agent or a patent attorney on the USPTO's Office of Enrollment and DIscipline's website. https://oedci.uspto.gov/OEDCI/practitionerSearchEntry

This would indicate that he is no longer available for business.

Q: Is listening to your own music on spotify from different accounts illegal? I pretty much create my own royalties.

1 Answer | Asked in Business Law, Contracts and Intellectual Property for California on
Answered on Jul 24, 2018
Thomas A. Grossman's answer
Sounds like a scam to me. You will be fortunate to keep this up, as the Royalty company will ultimately find out that your phone accounts are all yours.

Q: Is there any pro bono available in the area of intellectual property ?

1 Answer | Asked in Consumer Law and Intellectual Property for New York on
Answered on Jul 24, 2018
Michael David Siegel's answer
This is over $5000? You can bring a small claims suit. Why would someone do this pro bono?

Q: How would I go about trade marking Build A Blunt?

1 Answer | Asked in Contracts, Copyright and Intellectual Property for Wisconsin on
Answered on Jul 20, 2018
Benton R Patterson III's answer
You should speak with a trademark attorney in a confidential conversation. It may be possible. An attorney would need to know more about your business.

Q: Can a company use my image in videos promoting their business without my consent?

1 Answer | Asked in Copyright, Civil Rights, Identity Theft and Intellectual Property for West Virginia on
Answered on Jul 16, 2018
Camille Brooks Ibrahim's answer
That is copyright infringement you need to speak to an intellectual property lawyer.

Q: To whom it may concern, I have a question regarding the Patent with the serial number "87540402".

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Answered on Jul 16, 2018
Kevin Flynn's answer
I am not finding a US application with that serial number. You may want to try the Patent Number or the Publication Number to see if that helps.

Sorry I could not be more help.

Kevin

Q: what do i do when a phrase i have just trademarked is already in use by another company/person?

1 Answer | Asked in Intellectual Property for Illinois on
Answered on Jul 15, 2018
Camille Brooks Ibrahim's answer
You advise them of your newly trademark phrase and give them an adequate amount of time to take care of it simply b/c it is potential infringement, as a courtesy. Or you can follow up with an attorney to draft it up for you.

Q: I scanned a greeting card I liked and then had it enlarged and framed. Is this fair use?

1 Answer | Asked in Intellectual Property for California on
Answered on Jul 12, 2018
Timothy John Billick's answer
Short answer is it depends on how you use it. The classic Fair Use Factors are (1) the purpose and character of your use; (2) the nature of the copyrighted work; (3) the amount and portion of the work used in relation to the work as a whole; and (4) the effect of your use on the potential market for or value of the copyrighted work.

The Fourth Factor is generally heavily analyzed relative to the other three. Chances are, if you are using it for your own private use, you are probably in...

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