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Florida Intellectual Property Questions & Answers
1 Answer | Asked in Contracts, Employment Law, Business Law and Intellectual Property for Florida on
Q: Can I get sued over pictures of work taken as a subcontractor?

My husband and his brother worked independently for some time. His brother opened a company and my husband kept working with him, never did he sign a w2 or an employment contract. We decided to open our own business and when they asked for my husband to sign a w2, my husband told him he would not... Read more »

Linda Liang
Linda Liang answered on Nov 11, 2019

It is not as white and black as you wish. I think you should hire an attorney to get your strategy ready and respond.

1 Answer | Asked in Employment Law, Copyright, Business Law and Intellectual Property for Florida on
Q: Can I get sued over pictures of work taken as a subcontractor?

My husband and his brother worked independently for some time. His brother opened a company and my husband kept working with him, never did he sign a w2 or an employment contract. We decided to open our own business and when they asked for my husband to sign a w2, my husband told him he would not... Read more »

Linda Liang
Linda Liang answered on Nov 6, 2019

I don't think this is kind of help you can receive on a public forum. In order to do it right, more analysis is needed. You need an attorney to help you to prevent litigation with the right strategy.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Does Victor Staats still own these patents?
Peter D. Mlynek
Peter D. Mlynek answered on Oct 23, 2019

I don't know which patents you are referring to, but my cursory search shows that there are about 5 patents that list Victor Staats as the inventor. 4 of these have expired due to their age, and 1 expired because a maintenance fee was not paid. There are no enforceable patents for Victor Staats... Read more »

1 Answer | Asked in Intellectual Property for Florida on
Q: Florida HOA board amending declaration of deed restrictions without prior notification or vote from property owners.

This following clause is included in the declaration “ The Grantor or its successor reserves the right to hereafter, from time to time, amend,

modify, add to or delete from any part or all of the foregoing restrictions without notice to or consent from the grantee on any lands owned by... Read more »

Linda Liang
Linda Liang answered on Oct 17, 2019

First of all, why is this intellectual property question? Secondly, your question is not clear. It seems that the language is part of the deed, which has nothing to do with HOA board. ... More information is needed to clarify the situation you are in.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Hi, Can someone take trademark one of my copyrighted design? Thank you
Bharath Konda
Bharath Konda answered on Oct 16, 2019

You can trademark your copyrighted design by incorporating this design on goods and/ or services in interstate commerce. Whether you will be awarded a trademark depends on prior use of the same or similar mark. To determine the availability you need a full trademark search of all databases. If you... Read more »

1 Answer | Asked in Intellectual Property for Florida on
Q: Hello, What type of protection for intellectual property is needed when creating a type of ”free weight”?

It is an exercise equipment

Jason Brooks
Jason Brooks answered on Oct 2, 2019

Without more detail about your questions it's difficult to provide a more specific answer, but generally you would have two options from what you're described:

1) if the free weight you're asking about has some newly invented features, it may qualify for a patent.

2) If you are...
Read more »

2 Answers | Asked in Intellectual Property for Florida on
Q: Can I sue a hotel website for having my photo posted on it without my permission?
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 16, 2019

Most likely not

It is highly possible that when you used the services you signed the right for them to use your image

Depending on what you think your case is, at best you should talk to somebody at the hotel and ask for a free night, or a discount.

Unless it is a really big...
Read more »

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1 Answer | Asked in Real Estate Law and Intellectual Property for Florida on
Q: I have an escrow case in FL that will be filed by escrow company to interpleader action. Could I represent myself?

I deposited 7K to escrow to purchase a property, with a contingency, that if denied by HOA, I wouldn't be able to purchase. I was denied by HOA, but the listing agent claimed owners wants 100% of my deposited funds to escrow.

Stephen K. Hachey
Stephen K. Hachey answered on Sep 11, 2019

Yes, you can represent yourself if purchasing the property individually (vs. an LLC, for instance)

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: If I push the boundaries of branding infringement can criminal charges be pursued or just civil damages?

My daughter's original intellectual property (a drawing) was incorporated with the brand of a large organization and applied to a Christmas ornament that can be purchased with $25 'donation' in 2009.

The drawing was presented in partnership with organization, their capitol gain was not the... Read more »

Linda Liang
Linda Liang answered on Sep 4, 2019

Copyright infringement cases are generally civil.

1 Answer | Asked in Intellectual Property for Florida on
Q: Somebody put my license plate online without my permission can they get in trouble?
Linda Liang
Linda Liang answered on Jul 26, 2019

Your license plate on your car? Since license plate was issued to you, not created by you, the person might be responsible for your harm in some other way, but it doesn't seem to be for infringement of Intellectual property

1 Answer | Asked in Intellectual Property for Florida on
Q: I'm in an ongoing dispute with Melbourne it regarding the loss of my domain name

Started this domain name in 2005 my last payment was August 2018

Somehow they did not renew it it went to drop catch and was picked up without my knowledge. The host has acknowledged there error offered me another domain name and they made an offer I still think it's worth a lot more money... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 14, 2019

You need to hire a lawyer.

2 Answers | Asked in Estate Planning, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: If a person doesn't have a will but has sole rights to a patent, does Florida probate assign the nearest kin the IP?

corporation with zero value but with license to use and shares owned by deceased also

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 12, 2019

The shares owned by the deceased, like any other property, go to the heirs as specified in the intestacy statutes.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: If a trademarked name has a "Status710 - Cancelled - Section 8", does this mean it could possibly be available?

Available as in able to be taken and used on my own product, especially on product in an entirely different field of use?

Evelyn Suero
Evelyn Suero answered on May 24, 2019

A Section 8 Cancellation of a trademark registration occurs when a registrant fails to file a renewal of their trademark registration. However, whether a mark is available for use depends on many factors including whether the mark is currently being used. Cancellation of a trademark registration... Read more »

2 Answers | Asked in Intellectual Property for Florida on
Q: Is there a copyright law against a person drawing and painting a College or NFL Football logo and selling them?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 15, 2019

Yes, in fact there are as many "copyright laws" against your plan as there are college teams and NFL teams, all of which will hammer you if you do what you are thinking about doing--without written permission from each team.

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1 Answer | Asked in Intellectual Property for Florida on
Q: Can I make a complimentary product for another product that is trademarked?

for example, a cover to protect a screen on another product that is patented or trademarked

Sean Erin Serraguard
Sean Erin Serraguard answered on May 4, 2019

More likely than not, yes. There's likely no trademark issue if your accessory doesn't use design elements or marks that are unique or distinguishing of the trademarked product. For the patent side, the product is not patented. Instead, the product incorporates one or more patented components or... Read more »

3 Answers | Asked in Traffic Tickets, Car Accidents, Insurance Defense and Intellectual Property for Florida on
Q: My sister crashed into a lady's car, while no major damage recorded by the cop the lady is suing us for over 10K+ estim.

My sister had a minor car accident when she hit an old lady's car while changing lanes, but it wasnt a major accident as it only scratched the lady's car. The cop gave my sister just a warning as it was her first accident and the damage was really low, even the lady said she wasn't hurt. Fast... Read more »

Griffin Klema
Griffin Klema answered on May 3, 2019

I would be pleased to discuss how you can defend the case: 202-713-5292 (cell).

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2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Can I be sued personally for trademark infringement without the plaintiff first sending a cease and desist to my corp?

My company and it's name were created a few years before the name was trademarked by an individual/person. The individual used sloppy specimens showing use by his corporate entity with no similarity in word mark even shown, and again; filed as an "individual/person" but still got the mark. I never... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 29, 2019

Yes.

You may use your entity status as a defense. However, a plaintiff can choose to sue whomever they'd like.

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: How often is a patent paid so it doesn't lapse
Peter D. Mlynek
Peter D. Mlynek answered on Apr 26, 2019

In the US, you need to pay for it 3 times after it issues: at 3.5 years, at 7.5 years, and 11.5 years.

For most patents outside of the US, the maintenance fees need to be paid on annual basis.

1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Hello!We are planning to start producing a waterproof fitted sheet in China, and we will sell the sheets in USA.

Should we ask China factory if they have a patent for the waterproof technology on the fabric, that they offer for our waterproof sheets? Or not?

Please, advise!

Thank you! Regards!

Griffin Klema
Griffin Klema answered on Apr 9, 2019

That depends. Patent rights are country-specific, and therefore your question involves whether that company has a Chinese patent as well as a US patent. (Patent rights generally protect making using or selling the patented technology.) If the Chinese entity has any patent protection domestically or... Read more »

3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Is it possible to patent my robotics idea?
Peter D. Mlynek
Peter D. Mlynek answered on Mar 23, 2019

Well, you can't patent an idea, but you can patent your invention in the field of robotics.

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