You should certainly contact an experienced intellectual property attorney for a confidential discussion. There are many facts that affect the analysis, and an experienced attorney will be able to explore all relevant facts before advising you. Such an attorney will want to review the complaining...Read more »
In the near term, a provisional or utility patent application might be worth considering, keeping in mind that the U.S. is now a "first inventor to file" system (time is not on the inventor's side like it once was). Whether the device, the drug, or a combination of the device and...Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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