Get free answers to your Intellectual Property legal questions from lawyers in your area.
The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More 
answered on Dec 15, 2024
File a trademark application with the USPTO.
Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned... View More
The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More
answered on Dec 16, 2024
In order to claim rights to a prior trademark you must file a trademark application with the USPTO. If the mark is abandoned and it cannot be renewed or revived then you can file a trademark application for the same or similar mark in the same class of services. I recommend using a Trademark... View More
It’s a common fishing lure. He didn’t add anything special to the lure
answered on Dec 6, 2024
I don't know which patent or lure you are speaking of, but occasionally the patent examiner will make a mistake and register a patent which is obvious or not novel. There is a procedure at the USPTO to contest a registered patent if you can provide documentation (aka, prior art) that was not... View More
Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More
answered on Nov 8, 2024
The titles of books cannot be copyrighted.
Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing.... View More
I have a concept for a sandal that I'm trying to get made. I was researching patents, and I don't know if my specific ideas has been made and patented or not.
answered on Aug 5, 2024
The best way to determine prior patent status of a product is to engage with a patent professional to engage in a freedom to operate search. Prior to that step though, to determine if your product has been patented by someone else, consider the following:
First, understand that patents... View More
I use to work for this company and I was told by a friend that now works for the company told me that that she seen a video of me in it and showed it to her. The company did not have my consent I also didn’t sign no contract or agreement that any pics or videos will be used for any purposes
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answered on Jul 26, 2024
You may have a valid concern regarding the use of your image without consent. In California, using someone's likeness for commercial purposes without their permission can be a violation of their right of publicity. This right protects individuals from unauthorized use of their name, image, or... View More
Trademark is "Hannifin", currently registered for international class 025, US class codes 022, 039. By all accounts, it was abandoned. There isn't even a website. The image used to "prove" its use in commerce was a one off embroidery design, and was never sold. On top of... View More
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answered on Jul 20, 2024
You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading... View More
answered on Jul 25, 2024
Based on the information provided, designing and selling your own Caitlin Clark t-shirts could potentially raise some legal issues related to trademarks and rights of publicity. Here are some key considerations:
Trademark Issues:
Caitlin Clark's name may be protected as a... View More
I am currently trademarking my small business, and my brand name includes the words “New York”. We used to be located in NY, but moved to LA six years ago, and kept the brand name (Archive New York).
Now I have a few questions from the Trademark office to respond to (office actions)... View More
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answered on Jun 26, 2024
I understand you're seeking assistance with trademark office actions for your business "Archive New York" after relocating from New York to Los Angeles. I can offer some general information that may be helpful:
1. Geographic terms in trademarks: The use of geographic terms... View More
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answered on Jun 21, 2024
To answer this question thoroughly, we need to consider several legal and ethical aspects:
1. Intellectual property:
- Even if the product is not an exact copy, it may still infringe on design patents or trade dress if it's too similar to an existing product.
-... View More
I have the meetings I had with them recorded and have emails and the app proposal they sent me.
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answered on Jun 19, 2024
Based on the information provided, it sounds like you may have a potential case for intellectual property infringement, even without a patent. Here are a few key considerations:
1. Copyright: While ideas themselves are not protected by copyright, the specific expression of an idea (such as... View More
Company paid Artist for the mural. Contract states work is own by the company. Company wishes to merchandise the Mural image, (t shirts, postcards, keychain). The mural contains a Dodger player. Is the company allow to Merchandise, or company need license form MLB team.
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answered on Jun 19, 2024
Based on the information provided, there are a few key legal considerations:
1. Copyright ownership: If the contract clearly states that the company owns the rights to the mural, then the company likely holds the copyright to the artistic elements of the mural created by the artist.... View More
On the website of the European Film Festival there is information about my film, which I submitted to the competition. The film was not shown at the film festival, but information about the film is on the website. I asked to remove information about the film from the film festival website, but they... View More
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answered on Jun 18, 2024
Under California law, the film festival's refusal to remove information about your film from their website when you requested them to do so could potentially be addressed through a few different avenues:
1. Publicity rights: In California, individuals have the right to control the... View More
I'm interested in if or where xx 4 patents are being used?
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answered on Jun 16, 2024
To determine if a specific patent is being used, you can follow these steps:
1. Search for the patent: Use the inventor's name (Louis E Swinney) and the patent numbers (if known) to search for the patents on the United States Patent and Trademark Office (USPTO) website or Google... View More
For an example, there's a Warner Brothers cartoon from 1932 called "The Shanty Where Santy Claus Lives." Warner Brothers never renewed copyright on the cartoon, so now it is public domain. But could an artist perform a cover version of the title song from the cartoon without paying... View More
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answered on Jun 15, 2024
Even if a film has entered the public domain, this does not necessarily mean that all of the creative elements within the film, such as songs, are also in the public domain. Songs and musical compositions can be separately copyrighted from the film itself.
In the specific example you... View More
In the 80's, prints of the public domain film, Night of the Living Dead, were only available in low resolution. Now, that same feature can be seen in high definition. I realize no one "owns" public domain material, but is there any protection against appropriation of published... View More
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answered on Jun 10, 2024
No, an individual cannot appropriate public domain films shown on TV or published on DVD without permission from the publisher, even if the underlying film itself is in the public domain. Here's why:
While it's true that no one owns the copyright to the original public domain work... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on Jun 1, 2024
Instead of creating the "Unofficial Ikea Coloring Book" (or whatever famous furniture company you think) why not be a little more creative and make it something like "Denmark's (or Slovenia, or Latvia, Russia or some other country) answer to the Official Swedish furniture... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
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answered on May 30, 2024
Using a company's name in the title of a parody work could potentially lead to legal issues, even with a disclaimer. Here are a few key considerations:
1. Trademark infringement: If the famous furniture company has a registered trademark, they may claim that using their name in your... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on May 30, 2024
Whenever anybody asks me, "Can I be sued?" my answer is, "Hey, this is America! You can always be sued." The right question is, "What risk am I taking?" Would the furniture company want to sue? If what you are doing is proper, the furniture company can still sue you.... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on May 30, 2024
A parody can be a fair use under the Copyright Act, meaning the creator of the parody does not need the permission of the owner of the copyright in the earlier work. The fair use doctrine also allows for the use of a trademark in a parody if it is used for commentary, criticism, new reporting,... View More
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