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Florida Intellectual Property Questions & Answers
2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: How can I buy a trademark that is listed as unused since 2008?

I was researching for a brand name and this one appeared as unused in the Justia Trademarks display page. Just the steps to acquire the brand name before using it Online.

Evelyn Suero
Evelyn Suero answered on Jul 28, 2020

While some people do purchase rights to use a trademark from trademark owners, if the mark is not being used by anyone, then the right to exclusively use a trademark is acquired through use for goods and services. Before filing for registration of a trademark, it is important to determine whether... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Copyright/ Trademark I am crafter who creates customs designs and create handmade items..

The order Hello and good evening. I’m wondering how much you would charge me to have a T-shirt made? Two shirts specifically. I World like a saying and four drawing on the shirt.

To get to the point, she asked me to create and i worked tirelessly to do so, finished my design and sent her... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 17, 2020

She seems to be under the assumption that because she commissioned the design that it belongs to her. Unfortunately, many people make that incorrect assumption. The Copyright Act is clear that you need a writing for a work to be considered a work made for hire and only particular works fit within... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: Good day, I have a copyright issue and I need some advise.

Good day,

I have an ecomerce platform and recently got an email about the use of a copyrighted image from a company called pixsy. I was unaware that the image was copyrighted and immediately removed it but after re-reading their message removal is not enough. They require payment to the... Read more »

Kathryn Perales
Kathryn Perales answered on Jun 22, 2020

There's a good chance that they are right - you should not ignore this. If they end up filing a lawsuit against you, REALLY don't ignore it. You may wish to talk to your own lawyer now to get a better idea of how strong their case is, or you could just try to negotiate them down to a... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Intellectual Property and Landlord - Tenant for Florida on
Q: Ex friend threatening to sue for harassment, emotional distress and asked court to return belongings

An old friend of mine was staying at my apartment for about half a month. She never paid rent nor got mail at my establishment. She left belongings here after willingly leaving my home. I have not heard from her in two months. She comes to my door two months later banging and screaming threatening... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

If you have any property that you know belongs to some other person the wise thing for you to do is to return the property to the owner. If you don't the owner can sue you under Florida's bailment statutes. They could also file a complaint with the local police department alleging that... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Is using thumbnails copyright infringement?

I own a cosmetics review and ranking website and I need photos for my reviews.Can I use under fair use low quality thumbnails of products photos from other websites (sephora, brandcoms etc)?

James D. Williams
James D. Williams answered on Jun 4, 2020

There are 4 factors for fair use that are all reviewed, so it would require a review of all factors before fair use would be a claim.

If you are using the photos to review and rank products, then there is a decent chance that you are using the images for "commentary" or...
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1 Answer | Asked in Employment Law, Intellectual Property and Juvenile Law for Florida on
Q: My son worked for Taco Bell back in February or March of this year. He was hired, submitted all his sensitive

SS Number, dob, birth certificate etc. And i have been trying to get my sons check after working there 3 days, and me making him resign after the THIRD school night and his manager making him stay to almost midnight, on a school night! I have been trying to go through the store but nobody could... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 1, 2020

If--as you say--your son has already given all his personal information to the owner of the Taco Bell franchise then there should be no reason for concern about re-submitting the same information in order to get the money owed.

But to answer your questions: No, the owner of the Taco Bell...
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1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Public Benefits for Florida on
Q: Does our local Chamber of Commerce own our communities local "Pageant"?

We have a pageant that has been in our community for over 30 years! Its never been filed as an official entity or organization. It has always been ran by different volunteers within the community. I know for several years our local Chamber sponsored the pageant. Then there was a issue with... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 1, 2020

You definitely need to consult with an attorney.

Anybody can own a pageant and call it anyway they want.

The question is whether it is exclusive, and if what you do, your work, is owned by somebody else.

Check if they ever signed or got a contract from somebody.

Even...
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1 Answer | Asked in Intellectual Property for Florida on
Q: I live in a condominium for 28 years, my question is a roofer company work on the property according to them the HOA

did not pay them so they putting a lien on our property is this legal?

Tania Maria Williams
Tania Maria Williams answered on Mar 24, 2020

This isn't an intellectual property question, but yes this is legal. Chapter 713 allows someone to put a mechanics lien on property for unpaid fees provided they comply with the requirements of the statute.

1 Answer | Asked in Intellectual Property and Family Law for Florida on
Q: My ex wife entered my property without my permission and refused to leave. What should I do? I have a video of her.

My ex wife entered my property without my permission and refused to leave. What should I do? I have a video of her

I have asked her over TalkingParents to not enter the property but last time she entered and I asked her to leave but she refused until I called the police and left before... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 29, 2020

How about changing the locks? Or perhaps moving to a new place where they have guarded entry gates?

Q: I have a copyright on a particular drinking glass design, can I seek legal action if the design is manufactured and sold

I have other designs and I'm debating whether to seek copyright protection or a design patent.

Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

Yes, you should be able to seek legal action. Go see an intellectual property litigation attorney.

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... 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....
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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...
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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... 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

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