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Kansas Intellectual Property Questions & Answers
2 Answers | Asked in Intellectual Property and Trademark for Kansas on
Q: When I consult with an attorney that specializes in patents, trademarks, etc . Do I need to protect my idea in advance?

I have rough prototype for an invention , i’ve done a rough patent search. I just want to protect my idea as best as possible. And maybe advice on my next steps .

Kathryn Perales
Kathryn Perales
answered on Feb 24, 2021

Every licensed attorney has a legal and ethical duty to keep confidential everything you disclose, unless they let you know in advance that they may have a conflict of interest. Many people consider this to be sufficient to protect your interests. You can also ask the attorney to sign a... Read more »

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2 Answers | Asked in Copyright, Business Formation, Business Law and Intellectual Property for Kansas on
Q: Purchasing digital assets in a contractual manner from individuals?

Hey all!

I'm creating a software product to launch into the mass market, and I currently have a few people helping out with artwork for UI design and other digital assets. I've mentioned to them that I'd purchase all the assets they've produced in bulk after the final... Read more »

Barbara Berschler
Barbara Berschler
answered on Apr 27, 2020

Hopefully your project won't end in litigation. However, because there is a lot at stake, it would be good to work with local business counsel familiar with intellectual property issues before you proceed any further. It is important to remember that if you do not have a writing in place... Read more »

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1 Answer | Asked in Intellectual Property, Land Use & Zoning and Criminal Law for Kansas on
Q: are parking lots private property in missouri? Asking in regards to dumpster diving/ abandoned property.

My friend was walk through a parking lot and a cop approached her telling her to stay out of all parking lots because they are private property. We dumpster dive and want to remain in standing with the law.

Gregory Byrnes
Gregory Byrnes
answered on Apr 14, 2020

Yes. However, there is a gray area because they can be available to the public for their appropriate use (ie. using Walmart's parking lot to purchase goods at Walmart). Additionally, dumpster diving is also also a gray area and can be private or public depending on the jurisdiction and... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kansas on
Q: Would this be copyright infringement?

I am coordinating a 5K benefit run for a local library, the theme is "Just Dewey It", a play on Nike's phrase. We would like to turn a book into the Nike Swoosh to use as the logo but we are concerned that it may be copyright infringement. We would seek Nike's permission but... Read more »

Griffin Klema
Griffin Klema
answered on Apr 9, 2019

You're probably running into trademark issues, and maybe copyright as well. The use of the slogan "Just Dewey It" without any use of a swoosh-like logo is a close call. Arguably it might fall within parody or other fair use exceptions to trademark or copyright infringement. The Nike... Read more »

3 Answers | Asked in Copyright and Intellectual Property for Kansas on
Q: Am I violating any laws by selling items with my own graphic design/phrase tha has been newly TM'd by someone else?


Thank you in advance for your time.

Three years ago I designed text and graphics that includes a particular phrase. I have been selling this graphic on textiles, apparel & enamel pins since 2016. It has come to my attention that another company has very recently... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 1, 2019

You are OK. The whole point of intellectual property law is to assure creators who make, invents or creates something, are protected from nefarious individuals who would steal or copy it. If you've been using a phrase in your business for several years, nobody can register it and prevent you... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Kansas on
Q: I am looking to publish a family history and genealogy using an aerial photo of the family farm as the front cover.

I can identify the photography company, but have not been able to locate them through state and library records. The picture was take in 1955. I doubt I'm going to sell many copies, but am concerned about copyright infringement.

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

This is a tricky situation. Copyright infringement is strict liability, so your intent not to infringe doesn't save you from a possible claim of infringement. Whether the image is actually subject to a copyright claim is unclear, since it was created before 1978. If it was published or... Read more »

1 Answer | Asked in Copyright, Business Formation, Intellectual Property and Trademark for Kansas on
Q: When the business you own is an LLC - is the LLC required on all signage, logo's, etc.

I'm changing the name of my business. I want to know what should be trademarked, included on all advertizing, logo's, and signage. Is it okay for the business to legally have one name, registered with the State of Missouri and still have a logo that identifies the business by another... Read more »

Benton R Patterson III
Benton R Patterson III
answered on Apr 17, 2018

If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so.... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kansas on
Q: If a symbol is trademarked for clothing, can the owner sue a copycat if it they use the symbol on a household item?
Griffin Klema
Griffin Klema
answered on Sep 17, 2017

Short answer: Maybe.

Long answer: It depends on whether the two goods are so related as to potentially cause consumer confusion (which is a core issue in trademark law). The other thing that must be evaluated is whether the crossover from clothing to "a household good" is within...
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1 Answer | Asked in Intellectual Property for Kansas on
Q: Do i have any commercial rights over my own photographs?
Paul Overhauser
Paul Overhauser
answered on Dec 15, 2010

It depends on what you mean by your "own" photographs. If these are photos you took, yes, you probably own copyrights to them. If someone else took picture of you, they would own the rights to them. However, you may also have a "right of publicity," which would give you the... Read more »

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