Get free answers to your Intellectual Property legal questions from lawyers in your area.
I am interested in acquiring ownership of a defunct company that ceased operations in 1968, along with its key original filed trademarks. Some of these trademarks are still actively used by an owner within the same industry, while others are expired or have limited use. I want to continue the... View More 
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answered on May 13, 2025
Trademark rights in the United States are primarily governed by federal law and adjudicated through the U.S. Patent and Trademark Office (USPTO) and the federal court system, rather than through state registration systems. While some states, including Illinois, do maintain their own trademark... View More
This method of perforating dough layer is considered abandoned due to not replying on time. Do I get to apply to revive or need to put a new application
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answered on Sep 1, 2024
Just to add - although there is not solid law on the definition of "unintentional," the Patent Office's Manual of Patent Examination Procedure states:
> ... where the applicant deliberately chooses not to seek or persist in seeking the revival of an abandoned application,... View More
This method of perforating dough layer is considered abandoned due to not replying on time. Do I get to apply to revive or need to put a new application
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answered on Sep 1, 2024
Was it an *unintentional* delay up until the moment that you obtained an attorney to prepare the papers to revive? If so, you can petition to revive.
"Unintentional" is hard to define - indeed, I am not able to find case law that defines it - but it might be considered to... View More
I was hired as a Marketing Coordinator in April. When I started, they stated they wanted social media graphics to promote bands, occasional visits to take videos of bands playing, a website redesign, and they wanted to get some photos of food. They paid a $400 flat fee a month. In June, I went in 3... View More
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answered on Jul 2, 2024
1. Copyright ownership:
Generally, the creator of a photograph owns the copyright to that image, unless it's considered a "work for hire" or there's a written agreement transferring the rights. As a contractor without a signed agreement, you likely retain the copyright... View More
I was hired as a Marketing Coordinator in April. When I started, they stated they wanted social media graphics to promote bands, occasional visits to take videos of bands playing, a website redesign, and they wanted to get some photos of food. They paid a $400 flat fee a month. In June, I went in 3... View More
answered on Jul 25, 2024
Based on the situation you've described, you may have some rights regarding the use of your photography. Here's an analysis of your position:
Copyright Ownership:
As the photographer, you automatically own the copyright to the photos you took, unless there was a written... View More
I would like to get my photos removed from my stepmom's Facebook page as they are my photos that were taken when I was a minor under the illegal guardianship of my stepmom. Since those photos of me were taken by my stepmom who was not my legal guardian, I believe I have a right to them and... View More
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answered on Jun 8, 2024
I'm sorry to hear about the difficult situation with your stepmother. This is a complex issue that involves several areas of law. Here are a few key points to consider:
1. Guardianship: If your stepmom was not your legal guardian at the time the photos were taken, she may not have had... View More
I would like to get my photos removed from my stepmom's Facebook page as they are my photos that were taken when I was a minor under the illegal guardianship of my stepmom. Since those photos of me were taken by my stepmom who was not my legal guardian, I believe I have a right to them and... View More
answered on May 22, 2024
I think you would have to file a temporary restraining order and preliminary injunction to order her to remove them. But I think you also would have to add what harm they are doing to you. And put when the last time was that she put one up. Children don't have control of who takes care of them.
A toolkit was created using ChatGPT and the toolkit will be released to the public. I'm wondering if that is considered plagiarism.
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answered on Apr 25, 2024
The situation you've described is a complex one without a clear-cut answer, as the intellectual property considerations around AI-generated content are still being debated and the legal landscape is evolving. Here are a few key points to consider:
1. Plagiarism typically involves... View More
Would I be able to purchase an authentic designer bag, such as Louis Vuitton or Gucci, cut the bag into pieces (specifically the logo or designs) and then place them onto a different bag to resell? Would it still be illegal if I made sure to document that the new bag I’m selling has no... View More
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answered on Mar 29, 2024
Repurposing designer bags for resale, especially involving the cutting and reusing of their logos or designs, treads into complex legal territory. This practice may infringe on the trademarks of the brands involved, such as Louis Vuitton or Gucci. Trademarks protect brand identifiers from... View More
Many authors who create books use Canva to create coloring books, activity books, etc. Canva has stated that they hold full copyright over the images, art, photos, fonts, etc. that can be used to create books. In addition, Canva states that they issue individual licenses to self-publishing authors... View More
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answered on Mar 25, 2024
When self-publishing authors use Canva to create elements for their books, such as in coloring books or activity books, they are operating under a license issued by Canva. This means Canva holds the original copyrights to the images, art, photos, and fonts provided within their service. Despite... View More
Because I'm trying to use it for an positive thing and wear
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answered on Mar 18, 2024
You can attempt to trademark the term "ghetto" for your brand, focusing on a positive message and apparel. However, trademarking a word involves specific criteria, including distinctiveness and not being misleading or offensive. The term must uniquely identify your products or services... View More
I'd like to create a songwriting class that teaches hit songwriting techniques used by pro songwriters such as Taylor Swift. I'd like to call the class:
"Taylor Swift-influenced Hit Songwriting Class" (or)
"Taylor Swift-inspired Hit Songwriting Class"... View More
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answered on Mar 7, 2024
Using a celebrity's name in an educational course title can be tricky, as it may raise concerns about intellectual property rights and potential false endorsement. However, there are ways to reference Taylor Swift's name in your course title that are more likely to fall under fair use for... View More
Film will be entered in film festivals
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answered on Feb 21, 2024
Using a short clip of a video game being played on a Nintendo Switch in your short film may raise copyright concerns, even if it's only for three seconds. Nintendo is known for being vigilant in protecting its intellectual property rights, including the use of its video game footage. While... View More
Example: I want to create a character to use commercially in the Invader Zim universe, without using any of the main characters or storylines.
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answered on Jan 3, 2024
Creating a non-canon character within an existing universe, such as in the Invader Zim universe, generally falls under the realm of fan fiction or fan-created content. However, the legal implications of using such a character commercially can be complex and may depend on various factors, including... View More
Just not sure where to start as far as contracts. Not really sure what information should be in a contract. This is why I'm seeking legal assistance.
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answered on Dec 30, 2023
Starting with artist contracts for your indie music label is a crucial step in establishing your business. The first thing to consider is what you want the contract to cover. Common elements include the scope of the rights granted to the label, the duration of the agreement, financial arrangements... View More
I regretfully tried Amazon FBA. I got an email stating my LLC as well as over 1000 listed defendants were being sued for patent infringement for the product I was attempting to sell with a complaint, alias summons, sealed TRO, and minutes attached.
I’ve confirmed the legitimacy of the... View More
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answered on Dec 20, 2023
In a situation like this, where the legitimacy of a patent infringement case is in question, it’s important to proceed with caution. The fact that the case number matches a filing in the Northern District of Illinois is a sign of legitimacy, but the discrepancies in the lawyer's address and... View More
Hi! Can I use this phrase on a t-shirt that I intend to sell online "Tomorrow will be a great day with lots of sun" if someone has already trademarked the phrase "Tomorrow will be a great day"?
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answered on Dec 9, 2023
Using the phrase "Tomorrow will be a great day with lots of sun" on a t-shirt could potentially raise concerns if "Tomorrow will be a great day" is a trademarked phrase. In trademark law, the primary consideration is the likelihood of confusion among consumers. If your phrase is... View More
Two questions:
- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.
- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .
answered on Nov 20, 2023
You need to have a patent attorney look at your product and the claims of the patent. For your product to infringe, there needs to be at least one independent claim where every limitation in at least one independent claim (every noun, verb, relationship, etc.) is present in your product.... View More
Two questions:
- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.
- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .
answered on Nov 20, 2023
This sounds like a typical predatory patent troll activity. It's disgusting and you should not assume it's legitimate. There people have no scruples. As a patent attorney it makes my stomach turn to hear these sort of stories.
Let's get a PATENT lawyer involved here.... one... View More
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