Get free answers to your Intellectual Property legal questions from lawyers in your area.
answered on Oct 2, 2024
This important question is being litigated right now in a Colorado case: Allen v Perlmutter, USDC-CO Case No. 1-24-cv-2665. The copyright office refused registration of an AI-generated artwork, and the claimant is arguing that his extensive instructions and dialogue with the AI tool constitutes... View More 
I want to make sure a phrase I'm printing on a t-shirt isn't trademarked. How can I find that out?
answered on Oct 1, 2024
The best way is to find an experienced trademark attorney to perform a knockout clearance search of the USPTO databases to ensure that there are no possible infringing marks. This is especially important if you are planning to use a logo with graphic design elements.
Trademark law is... View More
Do patents expire?
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answered on Jul 2, 2024
Yes, patents do expire. To answer your questions:
1. Patents expire after a set period of time from their filing date:
- Utility patents (the most common type) expire 20 years from the earliest filing date of the application.
- Design patents filed on or after May 13, 2015... View More
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answered on Mar 20, 2024
Whether "Under The Sun" is available to trademark depends on several factors, including whether it's currently in use or has been abandoned in the context relevant to your business. Trademark availability is not just about whether a phrase is being used, but also whether it's... View More
answered on Mar 19, 2024
There are several dead and cancelled registrations for the word mark UNDER THE SUN, and some have design elements. But there are also many active registrations for UNDER THE SUN in different categories of goods/services. You should consult a qualified trademark attorney to review your proposed... View More
answered on Mar 19, 2024
Even if a trademark is abandoned does not mean that the mark is available for registration. In order to know if a mark is available start by conducting a quick search on the USPTO for similar registered marks in the same class of goods and services. A search can be complicated and it is recommended... View More
I’ve received an email from what I believe is a legitimate law firm stating I have an infringement complaint against me. The email links to a site hosting documents that look like court documents. The complaint appears to be that a product I’ve been selling is infringing on a design patent that... View More
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answered on Mar 15, 2024
The rules regarding legal service of court documents, such as a Temporary Restraining Order (TRO), vary by jurisdiction and the specific court's requirements. Traditionally, legal documents need to be served in person or through recognized postal services to ensure the recipient is aware of... View More
I’ve received an email from what I believe is a legitimate law firm stating I have an infringement complaint against me. The email links to a site hosting documents that look like court documents. The complaint appears to be that a product I’ve been selling is infringing on a design patent that... View More
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answered on Mar 14, 2024
It depends. Email service is not typically valid in Arizona. However, a federal district court can serve anyone in the United States based on the rules of the state where the court sits. So if for example you were sued in a Florida federal district court (as might happen for patent infringement... View More
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answered on Mar 11, 2024
If you create a game that is very similar to Grand Theft Auto and name it "No Auto," you could potentially face legal issues related to copyright infringement and trademark infringement. Here's why:
1. Copyright Infringement: If your game copies substantial elements from... View More
that person will be the only one to get the ad
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answered on Mar 5, 2024
Using a person's likeness in advertising, especially in a targeted ad directed exclusively at them, requires careful consideration of privacy and intellectual property laws. The key issue here is consent. If the individual has given explicit permission for their image or likeness to be used in... View More
Or similar words like zyner or Zynachino that refer to their products. Their trademark products are tobacco and nicotine pouches and that is not the product im trying to sell
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answered on Dec 6, 2023
Using the word "Zynbabwe" on your product may potentially raise trademark infringement concerns if it is similar enough to the trademarked name "Zyn," especially if it creates confusion among consumers. Trademark infringement is not just about using an identical mark; it also... View More
The Hoodie and T Shirt Line is based off my recently release Autobiographical Memoir: The Fifth General Order by Jonathan Phillips
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answered on Dec 1, 2024
You'll want to conduct a thorough trademark search before using "Hold The Line" on clothing, as this phrase has been used in various contexts, including by other apparel brands. Given that your usage connects to your published memoir, you might have stronger grounds for using it, but... View More
That is all
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answered on Mar 12, 2024
Answering this question accurately would require looking at exactly how you propose to show the words "so cool" and doing a thorough search of government records and the Internet to learn whether anyone else previously had registered or is using a similar looking set of words.
The word blood ?
answered on Sep 13, 2023
Assuming you are asking whether you can trademark this word, that depends on a few details. Are you using it with any other words? Do you want to trademark just the word or a stylized version of the word? And what goods or services do you want to trademark it for? (every trademark is filed in one... View More
If i made a comic with other people's characters as cameos with their permission, are they able to stop me from selling physical copies of them online because i used their intelectual property
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answered on Aug 29, 2023
If you have obtained explicit permission from the owners of the intellectual property to use their characters in your comic, then you generally have the legal right to sell physical copies of the comic. However, the scope of your rights would be determined by the terms of the agreement or license... View More
The search of the title is returning thousands of results. I don’t know how to narrow down the results to verify whether I can legally use the title or not.
answered on Aug 27, 2023
The title of a work is not capable of being copyrighted, so it is no surprise to find many instances of exact phrases repeated in descriptive titles. If the title were to be very strongly associated with its source, it might be claimed as a trademark, and could conceivably be infringed if the... View More
Hello, I wrote an educational book a few years ago and have cited all the material. I did not get permission to use any resources that I found online, as well as images used. However, the work has a cited page and all in-text citations (including the diagrams from Google). I would like to know if... View More
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answered on Jul 10, 2023
When using copyrighted material in your educational book, it is important to seek permission from the copyright owner, even if you provide proper citations. Simply citing the sources and stating "No infringement intended" does not guarantee protection from copyright infringement. This is... View More
Our company owns a domain called <name disclosed> which serves as an online shop and has generates several hundreds of thousands of USD in sales.
Our domain was registered with GoDaddy.com years ago.
On Thursday, 15th September 2022, I called Godaddy explaining to them that I... View More
answered on Sep 16, 2022
Dear Mrs or Mr,
yes, filing a lawsuit against the company would probably be possible, but I strongly advice you to consult it with an attorney at law so he can check all the details and analyse the situation. By doing this, you will have better understanding of your chances in this case.
My book includes Monet, Van Gogh, O'Keefe, Caulder and Michelangelo. Am I allowed to use their names and likenesses of their works in my book?
answered on Aug 20, 2022
Yes, you are free to use their names and likenesses of their works. There is no copyright or other related infringment in such action. Actually many book authors across the world do it in their own works about these artists. I hope it answers your question.
Or the phone company ? It’s an iPhone XR and it’s damaged by falling out not more than a causal walk up a staircase.
answered on Mar 24, 2022
On many legal claims you have to prove that the company did something wrong. Did the company making the sweatpants tell you or market their product as being able to securely hold the iPhone XR without falling out? Is the iPhone XR advertised to be able to securely fit in these particular... View More
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