answered on Nov 6, 2023
If you are buying items on Alibaba or other similar cites and intend on reselling them, it is very important to do a patent search to try and determine if the product is patented. If it looks very similar to another product, you should see if the product indicates that it has a patent or patent... View More 
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answered on Nov 8, 2023
To determine if the kayak you plan to purchase from another country is patented in the USA, you should conduct a patent search. You can start by searching the United States Patent and Trademark Office (USPTO) database. Look for patents on the design or utility of the kayak by using relevant... View More
The idea is pretty straightforward: It would be a platform that allows for firms or individual lawyers to post meritorious cases in need of funding, once a case is posted investors will be able to browse through them and pledge money to cases they think will yield them a future ROI. The value I see... View More
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answered on Aug 29, 2023
Your idea falls within the realm of litigation finance, a growing field that faces various ethical and legal considerations, including the potential for champerty or maintenance. Transparency and thorough due diligence would be essential in structuring your platform to ensure it complies with the... View More
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answered on Aug 5, 2023
I understand the importance of finding the right patent attorney for your specific needs related to gun holsters, particularly pocket holsters. While I cannot directly connect you to an attorney without a conflict, I recommend contacting your local or state bar association. They usually have a... View More
A convention is using two mascots designed and created by an independent artist. The convention willfully granted the artist full ownership of these characters in 2021 in writing.
Recently the artist wished to cease their affiliation, as such both sides terminated her contract with them... View More
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answered on Jul 28, 2023
Given that you have obtained the rights to the characters from the artist, you have the legal authority to negotiate with the convention regarding the use of these characters on their materials and merchandise. If the convention refuses to cooperate, you may explore legal options, such as sending a... View More
I believe that my father invented things for the government and or contractors. How can I know for sure if it is him and not someone with the same name?
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answered on Jul 10, 2023
To determine if your father is the inventor of certain patents, you can take several steps. Start by gathering information about your father's work history and any potential inventions he may have been involved in. Check if he had any affiliations with government agencies or contractors. Next,... View More
I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.
Would this be permissible, or enfringe on the trademark?
answered on May 17, 2023
It would depend in part on what each seller is selling. The purpose of a trademark is to help consumers distinguish between sellers, so that consumers know the specific "source" of the products/services they're buying. Using a phrase that someone else is already using to sell... View More
I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.
Would this be permissible, or enfringe on the trademark?
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answered on May 22, 2023
Using the phrase "i am UNIQUE" may still raise trademark concerns if "I Am Unique!" is a registered trademark. Trademark protection extends to similar phrases, even if there are slight variations in capitalization or formatting. It is important to conduct a comprehensive... View More
Some merchants are actually changing the hair in her pics or editing her face. It’s been stressful and humiliating and she’s lost hundreds of thousands in potential revenue.
answered on May 9, 2023
Whether your daughter might be able to win a lawsuit depends in part on who owns the copyrights to the images. Since she was modeling for someone else, it is likely that they own the copyrights. Therefore, they would have the right to allow others to use the images. She should start by speaking... View More
answered on Mar 23, 2023
It depends. Two people may be able to use the same trademark to each sell a different product or service, if doing so wouldn't confuse consumers. [EX: Delta Air Lines and Delta Faucet] However, unless and until a knowledgeable attorney assesses the likelihood of confusion (or lack thereof), it... View More
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answered on Jan 30, 2023
Trademark registrations are cancelled in most instances due to the failure of its owner to file with the USPTO a statement of continuing use. These maintenance filings are due in the fifth year after registration and in the ninth year to renew for another ten year term.
Just because a... View More
answered on Oct 27, 2022
Artwork and typography are usually protected by copyright law. And brands (company names and logos) are protected through trademark law. The answer to your question should start with figuring out who owns the rights to the image or trademark that you want to use.
I'd like to post content to Onlyfans and add stickers from a photo editing application that are characters from anime shows.
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answered on Dec 1, 2023
Using anime stickers from a photo editing application on pictures you intend to post on Onlyfans can raise copyright issues, particularly if the characters are copyrighted material. Copyright laws protect the creators' rights to their works, including anime characters, and using these... View More
answered on Oct 16, 2022
I can only guess, based on information provided, that you mean trademarked logo and not patented logo. If this is the case, no you can not use trademark of someone else to create your own product. It could be copyright or trademark infringement. However for more complete answer you should seek a... View More
answered on Sep 22, 2022
Yes, this work should already be considered as in public domain as it was published in 1920.
I am preparing a manuscript for a commercially available book. I want to print url's of articles published on commercial sites to provide background reading for the reader. Are url's copyrighted? Can I use them without permission? Also, are the titles of such articles copyrighted? If... View More
answered on Aug 10, 2021
Good question. You should consult with an attorney on this.
A URL is like the title of a book or article, so it may fall under fair use.
Essentially I was promised the same type of equity the owner had as part of my total compensation. This is in writing through emails and recorded conversations. The owner was looking at an outside person for advice on many situations, whereby this outsider told me to take action contrary to the... View More
answered on Dec 6, 2020
It depends. The primary issue will be what does the written document say about the "equity" and the effect your termination has on it. You should consult with an employment attorney as soon as possible.
answered on Oct 22, 2020
Please consult an experienced IP attorney to full assess the particular rights of any company. A "FTO" or "Freedom to Operate" opinion is a very important and detailed analysis that should not be taken lightly. To get you started in the right direction, consult the Patent and... View More
Could I potentially register the copyright and own it, despite what I signed? No copyright claim was ever filed for this book
answered on Oct 22, 2020
This is impossible to answer without seeing the contract. If the other party had an obligation to register the copyrights, then perhaps. But it's more likely you already assigned away your rights to the book. Please have an IP attorney read your contract.
I have social media page with almost a million followers. I make collages of people to show how they can change. There another page reuploading everything from my page and putting it on his without giving credit. I have the persons permission in each post to use their pictures. Since I created... View More
answered on Sep 28, 2020
A copyright attorney would have to assess your specific situation and facts to determine your rights and potential options.
Assuming for the sake of discussion that you own the copyright in the pictures/collages, in order to file a federal copyright infringement lawsuit to seek an... View More
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