Get free answers to your Intellectual Property legal questions from lawyers in your area.
I recently left my job at a tech company in California, where I signed an NDA as part of my employment agreement. HR and IT have requested that I submit my personal USB device for inspection and wiping, claiming I downloaded some work-related files before my departure. I've deleted most of the... View More 
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answered on May 9, 2025
Hello. You've said here that there were work files on the device, so the company has a legitimate concern about what else you might have. I'd ask them if they'd take a Declaration from you that you have deleted everything you had (assuming that's true). You no longer work there,... View More
I'm in the process of designing a logo for my professional nursing business. Are there specific legal restrictions or considerations I should be aware of regarding the use of particular symbols or terminology in the logo?
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answered on May 4, 2025
If you're designing a logo for your professional nursing business, there are a few legal considerations to be aware of, especially depending on whether your business is accredited or subject to oversight by a licensing board in your state. Symbols like the Red Cross emblem (a red cross on a... View More
I received a notice for a pending trademark cancellation demanding $1170, which I suspect is fake. The notice threatened to cancel our trademark "Spirit Hustler" (filed on Dec 17, 2021, number 97178378) next week. It was sent via mail with instructions to send a check to an address in... View More
answered on Apr 23, 2025
You can check the current status of your trademark registration directly on the USPTO’s official database by visiting:
https://tsdr.uspto.gov/#caseNumber=97178378&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch.
To determine whether a petition... View More
I have discovered a U.S. design patent that should be invalid under 35 U.S.C. § 102(b), as the exact product was publicly sold and marketed online more than one year before the patent filing date. I have collected extensive evidence to support this. I'm seeking an intellectual property lawyer... View More
answered on Apr 3, 2025
Reexaminations are generally limited to prior art patents and printed publications. So, your ability to proceed would depend on exactly what evidence you have. Your patent attorney should be able to advise you on this or other possible options. Please note that this is an anonymous question and... View More
During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More
answered on Mar 26, 2025
You could file a request for adjudication of omitted assets. These types of motions are filed when an asset (or debt) was not disclosed during the divorce proceedings and is not divided or mentioned in your final divorce decree.
During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More
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answered on Mar 26, 2025
Patents created during the marriage—whether individually or as part of a shared business—are typically considered community property and subject to division upon divorce, even if not disclosed initially. Because these patents and associated revenues were undisclosed during your 2017 divorce... View More
I am a co-founder of a California C Corporation startup, and I discovered that the company tricked me into working for free without any signed documents or issuance of shares. My business attorney informed me that I should have been paid under California law. The company is ignoring multiple... View More
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answered on Mar 13, 2025
Based on the circumstances described, your situation touches on both employment law and intellectual property (IP) principles.
California law requires employers to pay wages for work performed. If you were tricked into working without pay, you may have a claim under the California Labor... View More
for example- he wrote the code for a smart contract that lets you buy and sell and store energy in a decentralized environment that connects all Tesla vehicles then a couple weeks later the guy is watching YouTube and comes across a video that talks about how Elon musk has been secretly working on... View More
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answered on Jan 10, 2025
Notes stored in the Notes app on an iPhone are not considered public information. They are typically protected by the phone's passcode and the user's iCloud account security. The situation you described raises concerns about the potential misappropriation of intellectual property, but it... View More
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answered on Jan 7, 2025
It depends on whether you truly own the copyright to the footage and whether Hulu has any authorization or defense for using it. Under federal law, the copyright owner generally holds exclusive rights to reproduce, distribute, and publicly display their work (17 U.S.C. § 106). If Hulu is using... 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 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
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