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New York Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Is it legal for someone to claim a patent on a game that has been played around the world for so long?

How can this person legally claim to have invented Pickleball? Is there a money involved in this? It’s like if I, an American, claim to invent rice.

James L. Arrasmith
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answered on Mar 19, 2024

In general, for someone to claim a patent on a concept, the idea must be new, non-obvious, and useful. If a game has been widely played and known for a long time, it's unlikely that someone could successfully patent the game itself, as it would not meet the criteria for novelty. Patenting... View More

2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Is it illegal if I take/use pictures of nightclubs using my own phone/camera to use on my app that's based on NYC clubs?

I am creating an app that helps people make smarter decisions when going out. We have a lot of venues on the app and reached out to many to see if we can use their content (from Instagram and their websites) but we have not received a response yet. We have read the privacy terms on various clubs... View More

James L. Arrasmith
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answered on Mar 8, 2024

The legality of using your own photos and videos of nightclubs for a commercial app depends on several factors. Here are some key considerations:

1. Copyright: If your photos/videos capture any copyrighted material such as artwork, logos, or distinctive architectural features, you would...
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Q: I want to use a name that's trademarked under the entertainment/toys section, for my new tech company - am I allowed to?
James L. Arrasmith
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answered on Mar 3, 2024

Using a name that is already trademarked in one category for a new company in a different category, such as from entertainment/toys to tech, might be possible, but it depends on several factors. Trademarks are generally sector-specific, meaning that protection typically extends only to the same or... View More

1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: how can i open up my case for trademark again?

i filed to trademark my name but it was abandonded to an open action? im not sure

James L. Arrasmith
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answered on Feb 26, 2024

If your trademark application was marked as abandoned due to an open action and you're looking to reopen your case, there are steps you can take to address the issue. Understanding why your application was abandoned is crucial. Typically, this happens if a response to an office action was not... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: How unique does a product need to be to get a utility (or design) patent?

I have an idea for a new application of an existing product. Moreover, I found 2-3 existing patents that are similar concepts but different applications.

Would I be able to get any type of patent?

James L. Arrasmith
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answered on Feb 25, 2024

For a product to qualify for a utility patent, it must be novel, non-obvious, and useful. This means your idea must be significantly different from any existing products or patents, offer a new way of doing something, or provide a new technical solution to a problem. The presence of similar... View More

1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for New York on
Q: Can I create a name that is "word1 and word 2: word 3 word 4 word 5" when "word1 and word2" is already a trade mark?

I have a product with 6 words. But it seems the first 2 words are trademarked. Can I still use this name or would I need to change it all?

James L. Arrasmith
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answered on Feb 21, 2024

If "word1 and word2" is already a trademark, it's crucial to proceed with caution. Even if you use "word3 word4 word5" along with it, there could still be potential legal issues, especially if the combination creates confusion with the existing trademark. Using part of a... View More

2 Answers | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for New York on
Q: Will there be legal issues if I mention TikTok's name while promoting my app?

Me and my team are working on a video sharing app called Clipzy and we have been promoting it as a TikTok alternative, and we wanted to make sure there weren't any legal issues that can arise.

James L. Arrasmith
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answered on Feb 21, 2024

Using TikTok's name to promote your app as an alternative might raise legal concerns depending on how you use it. While mentioning TikTok for comparison purposes could be considered fair use, implying an association or endorsement from TikTok without permission could lead to trademark... View More

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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Is it legal to make an AI generating pictures app based on description from other ai engine that a user enters the url?

For example: a user get in to my app and tells me he wants to generate a picture like a listing on Airbnb (probably copyrighted), so he enters the url to the specific listing, I transfer the url to an ai engine that can describe pictures in details, I use ONLY the description that the engine gave... View More

James L. Arrasmith
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answered on Feb 4, 2024

Creating an AI-generated picture app based on descriptions from another AI engine that a user enters through a URL can potentially raise legal issues related to copyright and intellectual property. While the generated image may not be a direct copy of the original picture, it could still be... View More

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for New York on
Q: Is it legally allowed to sell goods such as clothing items with the phrase "Spidey sense" on them?

Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.

James L. Arrasmith
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answered on Feb 1, 2024

Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which... View More

3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: If I took aspects of a smaller artist work to incorporate in my own song, could I be found guilty of copyright infringe

If I used synths and the background Melodie’s and the same arrangement. The lyrics and singer is completely different.

James L. Arrasmith
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answered on Jan 9, 2024

If you incorporate aspects of another artist's work, such as synths, background melodies, and arrangement into your own song, there is a significant risk of copyright infringement. Copyright law protects original works of authorship, including musical compositions, and using elements of... View More

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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Hello: Cates v. Shlemovitz, et al. No.3:21-cv-00805 (N.D.N.Y. 2022) Am appealing # 23-750 2nd circuit.

Searching for the case # of the Dragnet controversy, over 4 notes (dum, da,dum,dum.) Can you help find that case? Thank you., on my own behalf. here is what I found https://library.syracuse.edu/blog/dragnet-a-musical-controversy/

James L. Arrasmith
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answered on Dec 30, 2023

The case involving the "Dragnet" musical controversy was a copyright dispute over a four-note motif originally composed by Miklós Rózsa for the film "The Killers" in 1946, which was later used in the "Dragnet" theme music by Walter Schumann. The case was eventually... View More

4 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: Do you have to mark the patent number on the product packaging or website?

If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?

James L. Arrasmith
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answered on Dec 30, 2023

In the United States, marking a product with its patent number is not a legal requirement, but it can be beneficial. If a product is marked with its patent number, it serves as a public notice of the patent, which can enhance your ability to claim damages in a patent infringement case. However, the... View More

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4 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: Do you have to mark the patent number on the product packaging or website?

If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 28, 2023

Yes, the owner of the patent can still sue. There is a rule that if a product has a device patent and does not mark the product with the patent number or a web site with the patent numbers, then the owner forfeits damages up to the point that the notice is given (often the filing of the law suit).... View More

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4 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: Do you have to mark the patent number on the product packaging or website?

If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?

Stephen E. Zweig
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answered on Dec 28, 2023

This is covered by Federal law 35 USC 287.

The law limits the patent holder's ability to recover for past patent infringement damages to the first point in time when the infringer was notified about the patent. By contrast, by marking the product, the infringer is legally assumed to...
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4 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: Do you have to mark the patent number on the product packaging or website?

If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?

Sean Liam Kelleher
Sean Liam Kelleher
answered on Jan 4, 2024

In the U.S., proper marking requires a manufacturer to mark the patented product with the word “Patent” or abbreviation “Pat.” followed by a listing of the applicable patent numbers. The marking should not be concealed, and it should be easy to read.

To virtually mark a product, a...
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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can you tell me if the Long Island Honey Company is trademarked?
James L. Arrasmith
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answered on Dec 7, 2023

To determine if "Long Island Honey Company" is trademarked, you would need to search the United States Patent and Trademark Office (USPTO) database. This can be done through the Trademark Status and Document Retrieval (TSDR) system available on the USPTO website. You can search by the... View More

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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can you tell me if the Long Island Honey Company is trademarked?
Sean Liam Kelleher
Sean Liam Kelleher
answered on Jan 4, 2024

If you are interested in this name for your company you should contact a Firm specializing in trademarks and Intellectual Property. Whether or not "Long Island Honey Company" is registered is not the end of the inquiry.

A Registered Patent Attorney or specialized trademark...
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3 Answers | Asked in Intellectual Property and Trademark for New York on
Q: Hi Journalist seeks a quick chat with patent attorney today

Seeking quick comment on man trying to TM phrase "From the River to the Sea"

James L. Arrasmith
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answered on Nov 24, 2023

For a journalist seeking a quick chat with a patent attorney regarding the attempt to trademark the phrase "From the River to the Sea," it's important to note a few key points.

Firstly, trademark law primarily concerns itself with the use of specific phrases, symbols, or...
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3 Answers | Asked in Intellectual Property and Trademark for New York on
Q: Hi Journalist seeks a quick chat with patent attorney today

Seeking quick comment on man trying to TM phrase "From the River to the Sea"

Adam W. Bell
Adam W. Bell
answered on Nov 24, 2023

Two trademark applications were filed on November 8, 2023 and November 17, 2023, both by

River to the Sea LLC LIMITED LIABILITY COMPANY NEW JERSEY 330 Changebridge Road Suite 101 Pine Brook NEW JERSEY 07058...
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1 Answer | Asked in Copyright, Gaming and Intellectual Property for New York on
Q: So If a company doesn't renew a license deal for a game is it still illegal to pirate the game?

In 2017 Activision didn't renew a licensing deal they had with Marvel so they had to take down all of their Marvel games they had published. So I wanted to know if it would still be illegal to download any of those games through a website even though there is no possible way to get those games... View More

James L. Arrasmith
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answered on Nov 18, 2023

Whether a company has renewed a licensing deal or not, it is still illegal to pirate a game. The expiration of a licensing deal, such as the one between Activision and Marvel, affects the company's ability to sell or distribute the game, but it does not affect the copyright status of the game.... View More

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