Get free answers to your Intellectual Property legal questions from lawyers in your area.
We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More 
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answered on Jul 19, 2024
When considering relaunching a brand/product inspired by an existing one, it's crucial to ensure that you are not infringing on any existing trademarks or intellectual property rights. Even if the original product has not been sold in the U.S. for the past five years and the trademark is in... View More
We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More
answered on Jul 25, 2024
Based on the information provided, here's an analysis of your plan to relaunch a brand/product inspired by a foreign company's product that is no longer sold in the U.S.:
Current Trademark Status
The original trademark is set to expire soon with the USPTO and is in its... View More
I want to start an instagram where I showcase outfits people are wearing around the world that I find on google street view and do voice over commentary of the images and recordings.
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answered on Jun 9, 2024
There are a few potential legal issues to consider with using screen recorded images from Google Street View on an Instagram page:
1. Copyright: Google owns the copyright to the Street View images. Using them without permission, even if you modify them, could potentially be considered... View More
My phone number was hacked along with my bank, email account, and many other things. I believe that there is a class action lawsuit in place for this issue. I received a letter from LoanDepot last weekend stating that they had a data breach affecting about 17 million people.
My son passed... View More
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answered on Mar 12, 2024
I'm so sorry to hear about your son's passing and the difficult situation you're facing with identity theft and potential intellectual property issues. These are complex legal matters that require professional guidance. Here are some steps you can take:
1. Identity Theft:... View More
I have a product that saids Decodable booklets | Science of Reading Aligned
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answered on Dec 28, 2023
When creating and selling digital products on platforms like Teachers Pay Teachers, it's important to be mindful of copyright and trademark laws. If you're using the phrase "Science of Reading" in your product title, such as "Decodable booklets | Science of Reading... View More
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answered on Sep 27, 2024
When your dad built a house on someone else’s property, it complicates matters legally. The key issue here is that the land belongs to someone else, and ownership of a house generally follows ownership of the land it’s built on. Unless there is a specific agreement or legal documentation that... View More
My game is nothing like Rolemaster, different system, different theme (Indiana jones inspired while role is fantasy). However I plan on releasing other games with the "-Master" suffix such as "Myth Master," but the publisher also had a "Space Master" at one time and is... View More
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answered on May 2, 2023
It's difficult to determine whether there is potential for a lawsuit without more information. Generally, the key question in cases involving trademarks is whether there is a likelihood of confusion between the marks. This analysis involves considering a number of factors, such as the... View More
The Trudeau company sells 10in round fondue plates with 6 compartments. Wanting to know if there's a patent for it or if I am able to sell something manufactured in China that looks very similar?
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answered on May 2, 2023
To determine whether Trudeau has a patent for their round fondue plates with 6 compartments, you would need to conduct a patent search on the relevant databases. This will show whether any patents have been issued for such a design. Keep in mind that even if a patent has been issued to Trudeau, it... View More
I managed a construction industry training program for installers. We marketed training, coordinated venues & delivered the training. I used a Facebook page I started for the purpose. This was approved and accepted by association for 15 years. I took pictures of classes, students with their... View More
answered on Apr 3, 2023
Generally, if an employee's creative works constitute "work made for hire," those works belong to the employer. Then the employer has the right to use (and control the use of) the works. However, an attorney would need some pretty specific information to be able to determine which... View More
I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... View More
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answered on Jan 24, 2023
Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S.... View More
everything i read says that i needed to be a full-time employee for them to own my work. but they came to my doorstep and fired me and are now going to be using my designs for years and revising them and continuing to make a profit. Idaho does not have many rights for employees at all so I am in... View More
answered on Jan 14, 2021
most likely not.
If you got paid, and/or signed a contract, most likely you ceded all rights.
check your contract
The competing business is in my same exact industry with the same exact product type and in my same town. The names are off by ONE letter and the distinctive part is exactly the same. Is there anything I can do do avoid the loss and/or confusion of my clientele? Social media is important in what I... View More
answered on May 30, 2019
It sounds like you have a potentially strong claim for trademark infringement, so I'd recommend speaking to an attorney to get this resolved.
I was pulled over for having a license plate light out and issued a DUI. I was not arrested but car was towed and impounded, and later searched. I have contacted them several times about getting my hard drives and computer out of the car because I am a professional photographer and I'm already... View More
answered on Jul 25, 2018
Contact an attorney experienced in DUI in the county where you are charged. You'll need him for the DUI and she can advise you on this aspect. They'll work out payments.
I built the biz and entered temp agreement with partners...they brought the money and basic computer/ phone set up and I brought all the contacts, suppliers, scripts, structure of biz myself and closed all the deals. I made the biz 37k in 3 weeks time and had to put the biz on hold because I feel... View More
answered on Oct 25, 2017
The partner that contributes intellectual property to a business does not necessarily own the intellectual property. An attorney would need to review the partnership agreement to determine who owns the intellectual property. Although, business contacts, supplier relationships, and business... View More
When I try to get a copy of the patent awarded for this patent 20050185327, it does not show a patent awarded?
answered on Aug 30, 2017
This is an issued patent # 7312950. It is expired since the maintenance fees were not paid. You should be able to download the patent by looking up this number. Good luck.
If yes, what kind of damages can i expect?
answered on Apr 26, 2017
Yes, that sounds like copyright infringement. Statutory damages for copyright infringement range from $750-$150,000 if the work was registered with the U.S. Copyright Office before infringement or within three months of the creation of the work. In order to get a better idea of what is a... View More
answered on Apr 23, 2013
In the U.S., trademarks exist, or not, without regard to the status of a registration. So, even if the federal registration has been cancelled, as I infer from your question it has been, if the owner of the mark is still using it, you would need to acquire the mark and the good will from the... View More
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