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Georgia Intellectual Property Questions & Answers
2 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: the title of my business is the same as another well established company’s product

how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented

Evelyn Suero
Evelyn Suero answered on Oct 19, 2020

The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes, Intellectual Property and Landlord - Tenant for Georgia on
Q: Have someone living in our house that is in our grandpa's will. But he hasn't died yet and the will is in our name this

This crazy lAdy just cAme moved in and started staying and said she wasn't going anywhere

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 13, 2020

If she was never invited to stay, you should contact the authorities (police) and have her removed for trespassing. If she has been invited to stay, you will need to move to have her evicted.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Intellectual Property for Georgia on
Q: I am writing a book. Can I use a song title as a title of a chapter? I.E. Chap 1 Life in the Fast Lane?

I am writing a book based on my interpretation of the Hotel California album by Eagles. Can I name my chapters after the songs on the album?

John B. Hudak
John B. Hudak answered on Jun 26, 2020

Generally, short phrases – including titles of songs – are not protected by copyright law. A short phrase is not protectable because there is not sufficient authorship. That said, the more you take from someone else the more likely the other party will claim there was authorship -- maybe the... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: Question regarding copyright and trademark want to make sure before starting a business

I am looking to start a business with with State outline logos for hats, shirts and jackets similar to the Masters, but it will be individual states such as Georgia, Alabama, Texas etc...not the outline of the United States I want to make sure I am not or will not enter any legal issues moving... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

The geographic boundary of a state is not protected, but you have to make sure that your design doesn't infringe on someone else's. I would contact a trademark attorney to discuss the word mark or design mark (logo) that you intend on using to be able to get more tailored advice. Feel... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: Illegal Copyright Trolling?

Hi there, I was having a discussion with my friends about a theoretical scheme between copyright lawyers and something like a movie studio. If they conspire to upload the material to a bittorrent site themselves in order to sue infringers, is that illegal? The closest thing we could think of would... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 28, 2020

probably very illegal

Lots of parts to analyze, if it is a real concern you should consult with an attorney

www.legalbizglobal.com

1 Answer | Asked in Gaming, Copyright, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: Can I use parts identical to LEGO parts (non-patented/expired) in a commercial virtual reality game?

The parts are sourced from an online community (LDraw.com) that models the LEGO parts in 3D attempting to digitally archive the LEGO parts, so they are as close to the original as possible. I am attempting to create a virtual reality game where these parts can be built in a similar way (but in a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

It will depend on what parts you are referring to.

If they are the ones out of protection, you could use them. But you need to make sure they do not have other protections, common law or statutory.

You should definitely consult an attorney to be better guided.

Marcos

www.legalbizglobal.com

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: I have a brilliant software design; how do I protect myself so my company doesn't take it and cast me aside?

My company is developing new software - I am NOT a part of the development team. But I have designed a far superior product that could potentially be worth millions to the company. If I present it to management, they could take it, hand it over to the development team, and potentially leave me out... Read more »

Tania Maria Williams
Tania Maria Williams answered on Feb 16, 2020

I am not a patent attorney but there may be a question as to whether the company already owns it even though they may not know about it. I see that you created it on your personal computer with non-company software, but did you create it on your personal time or on company time? Also, do you have... Read more »

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1 Answer | Asked in Business Formation, Intellectual Property and Trademark for Georgia on
Q: Someone stole my business name. What can I do?

I've had an online clothing company for over 7 years and just found out that someone else (in my city) recently started a soap company using my exact same business name. They are also selling their products on the online platform that my clothes are very popular on. Can I do anything to... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 8, 2019

Hire an attorney to review the alleged infringement and if you are correct send out a C&D letter. If that doesn't work then you sue them for infringement.

1 Answer | Asked in Intellectual Property for Georgia on
Q: I started a band and came up with the band name. The band became successful and then fired me.

They deleted my admin privileges from the Facebook page that I started. I have asked them to Change the name but they will not because it is now a successful business. What should I do legally?

Darrin A. Auito
Darrin A. Auito answered on Dec 3, 2019

You should contact an intellectual property attorney with trademark experience. You might have rights in the band name. Depends on the facts.

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: Can I "tease" a small portion of a melody from a movie soundtrack in a guitar solo to a rock song?

Specifically, my song is in part about Harry Potter, so in the blues solo I am writing I want to play the first 4-6 notes in a lick repeatedly with different rhythms, sometimes in the correct order and sometimes not, never in the same rhythm as the soundtrack. My goal is to get just close enough... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 13, 2019

don't. don't try.

there are tons of cases similar to yours in litigation.

what you just described is the core of their litigation, people confuses it with the original work.

www.legalbizglobal.com

best luck

1 Answer | Asked in Consumer Law, Business Formation and Intellectual Property for Georgia on
Q: Do I need to file a patent for a mixture of different food ingredient/ready to be mixed stored in a bag or container

This is not a supplement. This is for a type recipe that calls for a mixture of different food components. The idea behind this is to eliminate the prep steps of combining all the separate components. With this, the user will have one single container, that will contain all the necessary items to... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 9, 2019

You could add Patents as one of your categories. Your question could have a better chance of being seen by a patent attorney. Good luck

Tim Akpinar

1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: Can new [patented] products limit their legal, public usage if intended for advertising?

Have a product idea, but wondering about some marketing kickbacks, so I'm going to use an example to explain what I mean...

Pretend I invented baseball caps and patent the product. Everyone decides they like them, so people buy and use them. Suddenly, a large corporation wants to put... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 2, 2019

If you have sufficient bargaining power, you can sell your product to individuals with a different deal to different groups.

So you can license one company to get the hats with a logo but you might control that you would be paid to apply to logo to the hat and build the profit margin in....
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: Hello, If I see a trademark name has expired and not been renewed, can I claim that ?

See information on Durysta

Jason Brooks
Jason Brooks answered on Jul 31, 2019

Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process... Read more »

1 Answer | Asked in Criminal Law and Intellectual Property for Georgia on
Q: What options do I have when a neighbor caused, allowed and had knowledge of a theft of property of greater than $30K?

I am disabled and live in a subsidized apt in GA. My neighbor let two people stay with her for approx. 2 weeks until they were arrested for trespassing. During that two weeks, the guests stole property I had on the porch due to bed bugs. Neighbor knew I was keeping those items. She even had a... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 1, 2019

I would make sure that there is a criminal warrant against the 2 people that did the stealing. You can always apply for a criminal warrant on your neighbor for aiding and abetting. You can also try to sue her for any items she lied about and said they were hers. I hope this helps. An attorney can... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: If the trademark is abandoned does that mean someone could still use the name
John Martin Hilla
John Martin Hilla answered on Jun 24, 2019

Abandonment of a trademark or a trademark application does not necessarily mean that the name is not in use in commerce. It simply means that that particular application or registration has been abandoned.

Before proceeding to attempt to register the same trademark, you should consult with...
Read more »

1 Answer | Asked in Estate Planning, Intellectual Property and Tax Law for Georgia on
Q: My brother and I did a quick claim deed with my two daughters on property we inherited from our parents for taxes

With the understanding that we would never the put out evicted or any thing of that matter and we were to live there until our deaths upon signing the papers I the mother his soul financier of this property and its taxes who was evicted within two months and now my brother is being threatened with... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

Your unfortunate situation was caused by your erroneous belief that non-lawyers can do very important things that involve their property rights without benefit of counsel. So now, rather than hire a real estate lawyer to help you avoid the errors before you made them, you will have to hire a civil... Read more »

1 Answer | Asked in Intellectual Property for Georgia on
Q: Can i evict a person living on my property when we only had a verbal agreement and the rent has not been paid in 5 month
Griffin Klema
Griffin Klema answered on Mar 18, 2019

This is not an intellectual property question, but rather a real property issue or landlord-tenant issue. Consider re-posting the question under the correct topic.

2 Answers | Asked in Criminal Law and Intellectual Property for Georgia on
Q: Criminal trespass, Damaging of property. What will his bond and charge(s) be with it being dropped by the "victim"

Misunderstanding or false arrest. One of the two is what happen.

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 4, 2019

If charges are dropped by the victim or person who reported then it is likely there is no bond.

Consult with a local attorney.

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1 Answer | Asked in Business Law, Contracts, Copyright and Intellectual Property for Georgia on
Q: Person wants me to sign a trade secret document before getting out of our informal partnership with no assets, only idea

I have an inquiry about a business person who wants me to sign a trade secret document before getting out of our partnership (in which we haven’t signed anything and haven’t developed any specific implementation, just ideas through brainstorming deriving from known methods - there's also... Read more »

Griffin Klema
Griffin Klema answered on Feb 13, 2019

That's a complex situation. Without any formal company, you may both be operating under what is called a general partnership (but this should be addressed more conclusively by a Georgia lawyer). Even aside from the trade secret contract, to avoid incurring liability by your partner, I strongly... Read more »

3 Answers | Asked in Family Law, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: How do I terminate my parental rights in the state of GA? I have 2 children from Ex wife!

My ex wife and I have two boys who she have kept from me. I got married in 2016 and was put on child support. I am tired of being harassed and I’m tired of my children getting hurt by me trying to contact them. I currently have two girls by my current wife and none of us are allowed to contact... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Feb 5, 2019

You are not likely to be able to terminate your parental rights under these circumstances. Termination of parental rights is only permitted in limited circumstances. Generally, only voluntarily when there is another parent willing to step into the biological parent's place in a step-parent... Read more »

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