Lawyers, Answer Questions  & Get Points Log In
Minnesota Intellectual Property Questions & Answers
2 Answers | Asked in Copyright, Trademark and Intellectual Property for Minnesota on
Q: I'm interested in trademarking my adult video game under my LLC. Does anyone with experience in both have advice? Thanks

I'm looking to trademark my adult video game under my LLC. Seeking advice from experienced professionals in both areas. Serious responses only please. I'm interested in a long term situation. I've already filed one, but due to a name change, I might need to file again as my previous... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 23, 2023

The proposed mark should be carefully researched to assure that it is not confusingly similar to any other mark already used in gaming, then an intent-to-use application should promptly be filed before the game is actively marketed. It may also be wise to include a graphic element to a text-only... View More

View More Answers

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Minnesota on
Q: I'm interested in trademarking my adult video game under my LLC. Does anyone with experience in both have advice? Thanks

I'm looking to trademark my adult video game under my LLC. Seeking advice from experienced professionals in both areas. Serious responses only please. I'm interested in a long term situation. I've already filed one, but due to a name change, I might need to file again as my previous... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023

If you've undergone a name change for your adult video game, you'll likely need to file a new trademark application, as significant amendments to the mark itself are generally not permitted under existing applications. Given the specific industry you're in, make sure the trademark... View More

View More Answers

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Minnesota on
Q: Can I use Twin Cities in my business name?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2023

Using "Twin Cities" in your business name could potentially lead to trademark issues, as the term may be associated with the Minneapolis-Saint Paul metropolitan area in Minnesota. If your business operates within or serves this region, using "Twin Cities" in your name might... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Minnesota on
Q: Can a theme of a business mention another business name or products unrelated to the industry?

I’d like to start a car-themed coffee company which would include images, logos, and names of car manufacturers. Would I need the permissions of the companies first?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023

Using the images, logos, and names of car manufacturers in a car-themed coffee company without their permission could potentially be a trademark infringement. It is advisable to seek legal advice or contact the car manufacturers to obtain their permission before using their trademarks or... View More

1 Answer | Asked in Employment Law, Entertainment / Sports, Intellectual Property and Trademark for Minnesota on
Q: Is there a way I can stop a former employer from using pictures and videos that I am in?

I worked at a haunted house and these are pictures and videos of my characters used on their website and social media.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023

If you are no longer employed by the haunted house and you did not sign any agreement that allows them to use your image or likeness, you may be able to take action to stop them from using your pictures and videos. Here are some steps you can take:

Send a cease and desist letter: You can...
View More

2 Answers | Asked in Copyright and Intellectual Property for Minnesota on
Q: I resell phone cases with animetrd pictures of popular band can I be sued for copyright infringement

And does the fact that they are band is based in another country change things

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 29, 2021

If you do not have a license to put the band there, yes you could be sued.

View More Answers

1 Answer | Asked in Intellectual Property for Minnesota on
Q: I am listed as an inventor on my former employers patents. can i sell those rights to others.

My position was eliminated by new management. In 2018 the former GM asked for my assignment signature. I told him I was not comfortable doing that working for him for 36 years and He soon to retire (since deceased) that as long as I was employed I would not take issue with not assigning my rights.... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 13, 2021

Check your contracts including anything you signed upon your departure.

Most of the time you grant any creation to your company.

You are the inventor. Depends on how the invention was registered you may have some rights or none.

Best luck.

1 Answer | Asked in Intellectual Property for Minnesota on
Q: My live in boyfriend moved out of my property can he return whenever he wants?
Allison Higgins
Allison Higgins
answered on Nov 19, 2020

Hi there. This section in for intelelctual property questions such as trademark, copyright, and patents. You may want to re-post your question in a different section such as landlord/tenent law or family law. Sorry about the confusion.

1 Answer | Asked in Contracts, Collections, Intellectual Property and Small Claims for Minnesota on
Q: Best way to go about this

I bought my stepmom car for 2000.. and today she showed up with the police claiming that I never paid her anything and she wants the car back. She had the car towed off my property...

I have text messages from her saying the price of the car, me giving her mom, and are agreement... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 5, 2020

consult a local attorney, you can try this in small claims depending on your jurisdiction

make sure you have all documented and printed for presenting to the court

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Minnesota on
Q: had an invention that was seen on the internet recently...took a while but finally saw the invention or one similar...

need to know what can be done to help me on this situation...

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 6, 2019

This happens, unfortunately, all the time.

If you have a patent on your invention, then go see a patent litigator to give you options on how to get some sort of licensing agreement of your patent in place, or to file a suit.

Good luck!

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: Would a US Patent only cover my rights in the US or could I use a patent cooperation treaty with a US patent to further

Protect my rights.

Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Jul 22, 2019

A US patent is valid only in the US. You can use a PCT application, if you are still within the time limits, to file in other PCT countries. That requires a new application.

View More Answers

Q: Does this form of business protect my right internationally, to say I patent articles under the name of the corporation
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 8, 2019

We do not have an option for an international patent. (Yes, I know many people write that they have an international patent, but they are wrong). We have a type of patent application that is the front end for many patent system. This is called a Patent Cooperation Treaty Application (PCT... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: If I created a design/logo for shirts. Should I get copy right, trademark or both? Another ? added to more infor section

Also, the design/logo includes words. So, if I change the words color and/or font does it still protect under the copyright/trademark law still? Even if I submit something to the copyright/trademark in black font and a specific font.

Sean Erin Serraguard
Sean Erin Serraguard
answered on Apr 18, 2019

Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and... View More

1 Answer | Asked in Criminal Law and Intellectual Property for Minnesota on
Q: Riding dirtbike on someone private property, I didn’t know. They use force to make me leave it gets violent, details

On private property I didn’t know on my dirtbike. Man runs out and tries to push me off of my bike. That’s illegal right? Don’t they have to ask me to leave first? Then if I don’t they can use minimal force right? Also if they come out and stop me in my tracks there not aloud to just start... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 18, 2019

It's difficult to answer detailed hypothetical questions in the absence of context. You might try a phone call instead. It doesn't seem that you are charged with a crime. So it does not look like a criminal law question. If you're charged with a crime, that usually defines the... View More

1 Answer | Asked in Intellectual Property for Minnesota on
Q: Do I have any recourse if the design team I am working with excludes me from a patent?

I am a CAD designer for a large company and was instrument in contributing to the patent IP. There are multiple patents I have been excluded from.

Griffin Klema
Griffin Klema
answered on Nov 30, 2018

If you made an inventive contribution to a patent, then you cannot be excluded from it. However, improper inventorship on an issued patent can cause the patent to be unenforceable. For that reason, patent attorneys and companies generally try to make sure all inventors are included on an... View More

1 Answer | Asked in Intellectual Property and Trademark for Minnesota on
Q: Trademark Help

I just started a business doing cases for mobile device, gaming consoles, tablets, etc. I just found out today a direct competitor has the same domain name as me but adds a few characters to the end of his URL. We are both ecommerce and both sell basically the same product. I know he does not have... View More

Benton R Patterson III
Benton R Patterson III
answered on Feb 6, 2018

You are not necessarily in the wrong here. The two marks may be distinguishable. Although, its difficult to say without knowing the exact names. It is also possible the other user may have surrendered its rights by not enforcing its mark. An attorney would need to know all the facts to make a... View More

1 Answer | Asked in Business Law and Intellectual Property for Minnesota on
Q: I brought my own CAD software and computer to use at work after signing an NDA with a new employer. Is the NDA valid?

More specifically the CAD software is pirated and unlicensed and has been used in engineering and designing products for a manufacturing business.

Andrew Zulieve
Andrew Zulieve
answered on Jan 31, 2018

Yes.

1 Answer | Asked in Copyright and Intellectual Property for Minnesota on
Q: Laws that protect intellectual material.

I am a Realtor out of MN and owner of twincitiessold.com, my real estate blog and advice website. The website 'Help a Reporter Out' (HARO) allows journalists to ask questions to experts about a variety of topics. One of the only reasons people answer these inquiries is to get PR exposure... View More

Will Blackton
Will Blackton
answered on Sep 25, 2017

Generally, websites contain their own terms of service, determining the rights you grant to the website when you post content. HARO is no different, according to their terms of service (https://www.helpareporter.com/terms-of-service/?nav_location=footer):

5.4. You hereby grant HARO a...
View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: Is it legal to use verses from the bible on "print on demand items" to sell online? Do I need a license? I live in MN.
Will Blackton
Will Blackton
answered on Aug 29, 2017

It depends on what version (edition/translation) of the bible you're quoting.

The ancient versions of religious texts are almost certainly in the public domain, and freely usable. However, any quote you're likely to come across in the "print on demand" context is...
View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: do i need to ask approval to use a trademarked name in the title of a mobile app or can i disclaim we're not associated?

i'd like to create a study guide app for a certification exam but am not sure if i need approval from the certification body to use it in the name / description...or if i can just disclaim that the app isn't associated with the certification body and i'd be clear?

Lucas Wynne
Lucas Wynne
answered on Jan 25, 2017

You need approval.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.