Ask a Question

Get free answers to your Intellectual Property legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arizona Intellectual Property Questions & Answers
4 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Hi so since it’s abandoned, is Under The Sun available to trademark?
Felicia Altman
Felicia Altman
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

View More Answers

4 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Hi so since it’s abandoned, is Under The Sun available to trademark?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

View More Answers

4 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Hi so since it’s abandoned, is Under The Sun available to trademark?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: Can a court documents like a TRO be served via email? If I respond to this email, does this change anything?

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

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

View More Answers

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: Can a court documents like a TRO be served via email? If I respond to this email, does this change anything?

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

Alan Harrison
Alan Harrison
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

View More Answers

1 Answer | Asked in Copyright, Gaming and Intellectual Property for Arizona on
Q: if I make a game that’s very… similar to Grand Theft Auto. And I name it “No auto” is this copyright and can I be sued?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Arizona on
Q: Can we use a persons likeness in a targeted ad for that person exclusively,

that person will be the only one to get the ad

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

1 Answer | Asked in Trademark and Intellectual Property for Arizona on
Q: If i use the word “Zynbabwe” on a product I want to sell, does that infringe on the trademarked name “Zyn”

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

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

2 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Is this word still available for purchase

The word blood ?

David Aldrich
David Aldrich
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

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: Am i allowed to sell physical copies of my own comics that has other peoples characters as cameos

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

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

2 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: I recently published a journal and I’m not entirely sure if the title of my journal is trademarked.

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023

You can conduct a search for existing trademarks on the United States Patent and Trademark Office (USPTO) database to see if the title of your journal is already registered or pending registration. Keep in mind that not finding a match doesn't guarantee you're free from potential... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: I recently published a journal and I’m not entirely sure if the title of my journal is trademarked.

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.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: Commercial Educational book Infringement

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

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

3 Answers | Asked in Copyright and Intellectual Property for Arizona on
Q: I signed a promissory note, at the bottom of letter it says copyright 2019-2022. Is the note still valid since it’s 2023
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

Yes, the promissory note is still valid even though the copyright notice at the bottom of the letter only extends from 2019 to 2022. Copyright notices are not related to the validity or enforceability of a legal document like a promissory note. As long as the terms and conditions of the promissory... View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: So can I use “So Cool” on merchandise for free or not

That is all

Alan Harrison
Alan Harrison
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.

View More Answers

1 Answer | Asked in Intellectual Property and Internet Law for Arizona on
Q: GoDaddy Domain Issue

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

Erik Špila
Erik Špila
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.

1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: Can I mention by name famous artists in a picture book I have written?

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?

Erik Špila
Erik Špila
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.

1 Answer | Asked in Personal Injury, Products Liability, Intellectual Property and Small Claims for Arizona on
Q: Can I sue the company that made these sweatpants for not holding my phone ?? Repeatedly drops out walking up a staircace

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.

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
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

Q: an accident that wasn't my fault my car was a total loss who gets position of the vehicle me or the insurance company.

I was involved in a car accident the car was a total loss and I was wondering if I got position in the car or does the insurance company get possession of the car also does the insurance company have the right to pay the finance company while at the time of the accident the car was not registered... View More

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2022

An Arizona attorney could advise best, but your question remains open for two weeks, and you may be in a position where you need to remove the vehicle from storage. This appears to be something you might need to coordinate with the finance company if they hold a lien and possessory interest in the... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: My competitor offers a similar service and uses a very similar domain name. Is this a trademark infringement?

For the past month I have been developing my SaaS product, and on the first day I purchased a domain name. Let's say that the domain is Service.ai.

I was doing competitor research the other day and I found that someone has launched a very similar service on their domain Servicing.ai.... View More

Thomas James
Thomas James
answered on Dec 15, 2021

In the U.S., trademarks arise through "use in commerce." "Commerce" means an actual commercial sale, lease or similar transaction involving a product or service. Reserving a domain name is important, but it isn't enough, by itself, to establish a trademark right. If the... View 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.