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Florida Intellectual Property Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I need to know the status of the trademark for the triple goddess image. Triple moon image it seems as it is inactive

If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it

N'kia (NLN)
N'kia (NLN)
answered on May 24, 2023

For federal trademark registration status, you could search the records of the US Patent and Trademark Office (USPTO). The database is known as "TESS." For state trademark registration status, you would need to search the records for each state.

However, keep in mind that the US...
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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I need to know the status of the trademark for the triple goddess image. Triple moon image it seems as it is inactive

If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 24, 2023

The cancellation of a federal registration may be due to the owner's failure to file the periodically required specimens to prove the mark is still in use. But if indeed the mark is still being used by its owner, that would be grounds for opposing your registration of the mark.

You...
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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Can I use a trademark word phrase in a title of my book?
Will Blackton
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answered on May 11, 2023

It depends on how you plan to use the trademarked word or phrase in the title of your book. Generally, using a trademarked word or phrase in the title of a book is acceptable if it is used in a descriptive, non-infringing way. For example, if you are writing a book about Coca-Cola, you can use the... Read more »

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Can I use a trademark word phrase in a title of my book?
Eugene Vamos
Eugene Vamos
answered on May 11, 2023

Titles of books can not be trademarked.

The name of a series of books or other creative works may be registrable if it serves to identify and distinguish the source of the goods. An applicant must submit evidence that the title is used on at least two different creative works.

Think...
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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: if Drama Llama is trademarked for apparel can I use it for Lawncare services

I'm not fully aware of Trademark rules & regulations... I want to make sure I can use this before I fully create my LLC

Benjamin Charles Korray
Benjamin Charles Korray
answered on May 6, 2023

Regarding the potential of trademark infringement, the general test (stated simply) is whether a member of the public would be confused between the two brands. In other words, would someone see Drama Llama the lawn care business and think that this is the same Drama Llama that sells clothes? Even... Read more »

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4 Answers | Asked in Intellectual Property, Trademark and Copyright for Florida on
Q: Do I need 2 copyrights if I intend to sell my logo on hats as well as stickers?

I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 10, 2023

This appears to be a question about trademarks, not copyrights, which non-lawyers often confuse.

Trademarks are registered in various types of goods and services according to their classification (for instance, apparel, printed material, and cups), and when filing an application to register...
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4 Answers | Asked in Intellectual Property, Trademark and Copyright for Florida on
Q: Do I need 2 copyrights if I intend to sell my logo on hats as well as stickers?

I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... Read more »

James L. Arrasmith
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answered on May 2, 2023

In the United States, copyright law automatically protects original works of authorship, including logos, once they are fixed in a tangible medium of expression. However, if you want to register your logo with the U.S. Copyright Office, you will need to submit an application and pay a fee.... Read more »

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3 Answers | Asked in Copyright, Trademark and Intellectual Property for Florida on
Q: A nail polish brand has a polish named Julia, another brand also has a polish named Julia. Can you sue over this?
James L. Arrasmith
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answered on Mar 10, 2023

It depends on whether the first nail polish brand has a registered trademark for the name "Julia" and if they are using it in connection with their nail polish products. If they do, then the second nail polish brand may be infringing on their trademark rights by using the same or similar... Read more »

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1 Answer | Asked in Civil Litigation, Entertainment / Sports, Copyright and Intellectual Property for Florida on
Q: can I sell sports cards I design & create legally or is a copyright violation or some other law violation

My friend & I like to design & create sports cards of wrestlers from different companies both past and current using images (png) we find online from whatever website has what we're looking for, then using an app on our phone we assemble & alter/manipulate (color/brightness etc)... Read more »

James L. Arrasmith
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answered on Feb 25, 2023

It is not legal to use images that you find online without permission from the copyright holder. Even if you manipulate them to create a new product, you could still be infringing on the original creator's rights. If you want to create sports cards using images of wrestlers, you should obtain... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: Would it be illegal to use the photo of a background used on a runway and put it on a shirt to sell.

If it is, can I add anything to the shirt to make it legal? Like adding words on the shirt?

James L. Arrasmith
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answered on Feb 25, 2023

Using a photo of a background used on a runway may infringe on the copyright of the designer or photographer who created the background. Without permission or a license, it would be illegal to use the photo to sell shirts. Adding words to the shirt may not necessarily make it legal, as the use of... Read more »

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: One quick question please if I may. How do I protect my idea from being stolen while I go through the process 4 a patent

I just want to make sure that if I go through with my idea, while it may take upwards of a year for the process to finish, that I can protect my idea somehow from being stolen by others and being patented by others.

James L. Arrasmith
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answered on Feb 25, 2023

There are several ways to protect your idea while you go through the process of obtaining a patent:

Keep your idea secret: Do not share your idea with anyone who is not under a non-disclosure agreement (NDA). This will prevent them from using or sharing your idea with others.

File a...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: One quick question please if I may. How do I protect my idea from being stolen while I go through the process 4 a patent

I just want to make sure that if I go through with my idea, while it may take upwards of a year for the process to finish, that I can protect my idea somehow from being stolen by others and being patented by others.

David Aldrich
David Aldrich
answered on Feb 14, 2023

To obtain an issued, enforceable patent, you would file a “utility” patent application. When you say ”the process 4 a patent,” are you referring to the preparation of this patent application, or the process of ultimately obtaining an issued patent (i.e., the back-and-forth with the patent... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Is tracing parts of an illustration violate copyright?

I am developing a NFT collection based on animated sitcons. I know that tracing over the character image to create a new art work is illegal. But what about assets present in the character picture? Things like hats/hairs/clothes and other assets. Can I trace over this assets present in the original... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 16, 2023

Your question concerns whether the proposed use of the copyrighted material is covered by the "fair use" defense to copyright infringement. Fair Use under Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts... Read more »

2 Answers | Asked in Contracts, Tax Law, Business Law and Intellectual Property for Florida on
Q: We created a computer program that buys and sells Forex. We'd like to make sure we're legally following procedures.

We would like to take on clients to split the funds that the program makes from the buys/sells, but we want to be sure we do it the right way, legally and for tax reasons. We are researching resources to make sure we do this properly.

Jane Kim
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answered on Oct 31, 2022

You might be considered a financial institution for purposes of US regulations. Since this app would have an online presence and an international reach, you'd need to ask this question in every jurisdiction where you process payments. it is likely you'll need more than one type of lawyer... Read more »

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1 Answer | Asked in Contracts, Products Liability, Civil Rights and Intellectual Property for Florida on
Q: What can I do I signed POA to boyfriends mother to get my car out of impound. How do I get my car back?

While my now ex boyfriend and I was in jail. A friend got my car impounded. I could have sold it but I didn’t want to. My daughter’s grandma was even offering to get it out. To give to my daughter but she wanted to put it in her name. I didn’t want to sell it so my boyfriends mom said she... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 15, 2022

Whether there is something you can do that would have very good odds in your favor depends on the powers you specifically gave her in the POA. Was the power strictly limited to removing the vehicle from impound in order to give it to you, or was it more general? Either way, a good first step... Read more »

1 Answer | Asked in Intellectual Property for Florida on
Q: Can a recording studio refuse my right of erasure? I was insulted and antagonized for requesting deletion of my likeness

There are no contracts or anything signed saying i’m not allowed to have unreleased work’s deleted. Is it really legal to deny my request when i’m responsible for purchasing my instrumentals, writing lyrics, and paid for the services they provided?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 28, 2023

Good question. Since you have nothing in writing, it would depend on normal practice in the industry. Absent that, they probably can choose to keep the material if they want to, but of course can't reproduce it in violation of your copyright.

1 Answer | Asked in Intellectual Property for Florida on
Q: I'm a designer who works for a firm and does freelance on the side.

I sent a concept design to a potential client who ended up using it without my permission. I used my firm's email address as I was at work during a lunch break when I sent it. I sent a cease and desist letter to the potential client who stole my concept design. Their lawyer responded by saying... Read more »

Erik Špila
Erik Špila
answered on Oct 28, 2022

Dear Mrs or Mr,

this case you have presented could be a serious issue which shall be handled by a qualified professional in IP matters in your area. You should seek IP professional in your country and present him or her with more details of the case as this can not be duly and...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Can I counter an intellectual property infringement notice from Etsy shop for using "But did you dye?" on my design?

I received an email from Etsy that another shop owner accused me of intellectual property infringement. The products were both shirts that have the phrase "but did you dye?" on them (different designs). Her shirt does have "TM" after the name in the product title, but I looked... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 28, 2022

You should definitely consult with an attorney.

She may have rights to a brand even if it is not registered.

2 Answers | Asked in Intellectual Property and Real Estate Law for Florida on
Q: I have a property in oxford. the person who was staying on the property took my tractor, wich is valued at $ 14,000.

The police said I should handle this through arbitration. I have title.

Jane Kim
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answered on Feb 25, 2022

That's too bad police did not want to deal with it. You have an option of filing a complaint for Civil Theft. Once you get a judgment you will have to initiate a collection suit asking for a Writ of Replevin that's when you turn over that document to the police and they go and get it.

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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: I print art for frame shops. How can I protect myself should they send me art that is copyrighted?

I own a small business that prints artwork wholesale for individuals and businesses. We take every necessary precaution that we’ve purchased rights to most of the art that we print, but some art comes to us by email from businesses that assure us they have permission to reproduce it. What if... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 4, 2022

Have them provide proof of permission.

Either a license, contract or similar.

Have them sign your terms where they become liable and protect you.

And check with professional liability, to see if you can buy protection for copyright infringement.

Consult with an attorney.

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