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Ohio Intellectual Property Questions & Answers

1 Answer | Asked in Civil Rights, Intellectual Property, Land Use & Zoning and Real Estate Law for Ohio on

Q: I was rented home by a scammer real owner showed up with police saying I had to leave by Monday that property is vacant

I have a lease from scammer I’ve paid 1000 deposit and 850 first months rent what are my rights can they really make me leave like that

Joseph Jaap answered on Aug 30, 2019

If the police don't force you out, the owner could file criminal trespass charges against you, and also file an eviction against you. Try to work it out so that an eviction and charges are not filed against you, since those are permanent public records, and can make it difficult for you to rent... Read more »

2 Answers | Asked in Intellectual Property for Ohio on

Q: I have a software company; how do I file a trademark for my brand?

Andrew H Stevens answered on Jul 23, 2019

You can file trademarks at two levels - the state level and the federal level.

The federal level generally provides the stronger trademark, and you file with the U.S. Patent and Trademark Office.

Given that you're software, you'll probably want to file in international class 009...
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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Ohio on

Q: Do I need permission to organize an event with a "where's Waldo" theme? Does this infringe on the current copyrights?

Joseph Jaap answered on Jul 16, 2019

If you use images of Waldo and other recognizable features of the books, then yes, it would infringe the copyright. Getting permission might be difficult to track down the owner. The book publisher might have the rights, or the author might have retained them. Use the Find a Lawyer tab to retain... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on

Q: Are there any patents for online databases for gravesites/cemeteries?

For example, a site to where a User can search a specific section of a cemetery/gravesite or the entire cemetery as a whole and looks for certain groups, people of interest and whatnot?

Sean Erin Serraguard answered on May 10, 2019

I'm not aware of any such patent and a cursory search of the available databases don't turn up any such patents. (though there was an interesting one which incorporated video into a gravestone!) However, this doesn't tell us if one exists either in the US or in other jurisdictions. To answer this... Read more »

1 Answer | Asked in Intellectual Property for Ohio on

Q: I live in Ohio. Found misc property on road. No owner identifying info. Can I keep?

Not money or a phone. Googled it and value is around $300

Sean Erin Serraguard answered on Apr 18, 2019

In Ohio, so long as you cannot reasonably find the owner of said property AND you did not find it on a private road, it sounds like you'll be ok. This sounds like lost property under Ohio law. You're going to be obligated to make a good faith effort to find the true owner. Easiest way for you to... Read more »

1 Answer | Asked in Trademark and Intellectual Property for Ohio on

Q: Is the term "Food Revolution" trademarked?

Joseph Jaap answered on Apr 18, 2019

A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not... Read more »

1 Answer | Asked in Family Law and Intellectual Property for Ohio on

Q: Man's new partner writing children's book, using child's real name. Legal mother doesn't know. Is this legal?

Joseph Jaap answered on Apr 10, 2018

It isn't against a law. But the custodial parent might have a civil claim for invasion of privacy or unauthorized use of the child's name or likeness without permission. So the author is risking a lawsuit and should use the Find a Lawyer tab to consult a local attorney, or use a different name in... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on

Q: can I patent an ingredient in animal feed to prevent other feed companies from using it?

I have researched benefits of specific vegetables and fruits and started using them in animal feed production with great results in animal health and performance. No other feed company includes these ingredients in their feed. Can I patent this to prevent competitors from duplicating my feed /... Read more »

Kevin E. Flynn answered on Mar 31, 2018

Starting in March of 2013, the rules for what could be patented changed. See https://www.law.cornell.edu/uscode/text/35/102

The relevant text is

A person shall be entitled to a patent unless—

(1) the claimed invention was patented, described in a printed publication, or...
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1 Answer | Asked in Intellectual Property for Ohio on

Q: My mother left me the intellectual property of her late husband a Grammy Award winner, in her will. How do I protect it

Others are using the name and music of my late step father without my permission. What can I do?

Andrew Zulieve Esq answered on Mar 29, 2018

I suggest that you discuss the matter with an attorney with expertise in intellectual property law. She or he can advise you if copyright still subsists in each of the works and what rights, if any, exists in connection with the use of a deceased person's name. If there is good reason to believe... Read more »

1 Answer | Asked in Family Law, Domestic Violence, Intellectual Property and Small Claims for Ohio on

Q: What if you're recently 18 and left a bruise on your younger brother?

My brother wasn't listening to me telling him to go upstairs after screaming at my other brother for hours and was being obstinate for 15 minutes about going up the stairs saying I wasn't letting him when I clearly just wanted him to go upstairs and I kicked him in the hip and left a bruise. Not... Read more »

Matthew Williams answered on Mar 23, 2018

Well, you just confessed to domestic violence, a first degree misdemeanor punishable by up 180 days in jail and a fine up to $1,000. So there's that.

1 Answer | Asked in Intellectual Property and Trademark for Ohio on

Q: I filed a LLC 8 ish months ago called Simple Shower Club LLC someone emailed me from simple shower saying its tm infring

ement. I do not have a trademark but it says its still available.

Joseph Jaap answered on Jan 29, 2018

Use the Find a Lawyer tab to retain a local intellectual property or trademark attorney to review all the facts and advise you whether it could be an infringement or not, and what are your options. There are significant penalties for trademark infringement.

1 Answer | Asked in Copyright and Intellectual Property for Ohio on

Q: Is a copyright on a Sound Recording valid if the entity registering the copyright never existed?

The person who took responsibility for registering the SR Copyright on a CD of original music and was supposed to finalize the legal paper work for the entity that was going to "own" the copyrights didn't actually finish the registration of the business entity to own the copyrights. There is an SR... Read more »

Griffin Klema answered on Jan 17, 2018

Yes, the copyright (i.e. the legal right, not the registration) should still be valid. A copyright registration which includes erroneous information can be corrected. Review the procedures under section 1800 of the copyright office Compendium.

Regarding ownership, a copyright is always...
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1 Answer | Asked in Copyright, Antitrust, Business Law and Intellectual Property for Ohio on

Q: My eBay listing keeps getting removed because my "listing used their copyrighted image without permission."

I keep trying to sell a Klipsch headset on eBay. I took the pictures of the product myself, but I keep getting my listing removed, because Klipsch is claiming copyright infringement over my images. They are my own pictures I took myself, and I feel I'm being harassed by Klipsch. Klipsch is wasting... Read more »

Benton R Patterson III answered on Oct 7, 2017

Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.

1 Answer | Asked in Insurance Defense, Intellectual Property and Consumer Law for Ohio on

Q: My insurance policy ended on 9th. Later on in the day when I realized I purchased different insurance from geico online

45 mins. Later husband got off work and rear ended someone and now both insurances refuse to cover. Geico says there was 5 min. Difference in when I started which is not true. When I finished purchasing it said I was covered. When husband called and needed proof of insurance for cop I called geico... Read more »

Bruce Martin Broyles answered on Sep 13, 2017

You need to obtain the electronic mail to and from Gieco to determine whether policy was in effect. In addition, your previous insurance company may have continued the policy of insurance for a short period of time after the cancellation for non-payment.

If you cannot obtain the email...
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2 Answers | Asked in Business Formation, Contracts, Intellectual Property and Trademark for Ohio on

Q: I am entering a partnership with someone and need assistance on how to protect myself.

She is making shirts and wants my artwork on them. We are combining businesses and it'll be 50/50. It's fair but if this doesn't work out in the long run how do I protect my artwork and business name? Will we both be able to produce the shirts still afterwards? Will she end up with rights to the... Read more »

Joseph Jaap answered on Aug 22, 2017

You are prudent to seek assistance for your business relationship and protection of your artwork - before you begin. Use the Find a Lawyer tab and contact a local business attorney who can advise you and answer questions about business formation and copyright protection.

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1 Answer | Asked in Intellectual Property and Trademark for Ohio on

Q: How can someone trademark fairy dust?

Dr. Jamie Cuticchia answered on Jul 26, 2017

A trademark is mark which is associated with goods or services. It originates from the use of specific insignia by silversmiths in England to differentiate their work from another.

In order to trademark "fairy dust, " first the mark cannot already be in use for the class of goods you would...
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1 Answer | Asked in Copyright and Intellectual Property for Ohio on

Q: Made a logo for business as a favor for a friend who worked there but is now gone. Can I order cease and desist

Designed a simple logo for a friend to use at his place of employment a few years back, but they just recently forced his resignation and I no longer want them to use my logo. I was never paid for the logo and never gave any sort of formal rights of ownership to them, just sent him the file and... Read more »

Will Blackton answered on Jun 28, 2017

You were not an employee of this company, so absent a written transfer of rights, you retain the copyright in your work. As to the rest of your questions, an attorney will need to review any communications between you and your friend or his former company to determine what your rights may be.

3 Answers | Asked in Copyright and Intellectual Property for Ohio on

Q: is it copy right infringement if I change all of the words and numbers from college exams and profit of off it?

The university exams are copyrighted by professors. I am planning on altering all the numbers, words and images before I start selling them online.

Joseph Jaap answered on Jun 7, 2017

It could be infringement. Access + similarity = infringement. If the professors have registered copyrights in those exams with the US Copyright Office, they can seek statutory damages for each item infringed. 17 US Code Section 504(C)(2): "In a case where the copyright owner sustains the burden... Read more »

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1 Answer | Asked in Business Law, Intellectual Property and Trademark for Ohio on

Q: friend came up with a slogan for a shirt, I created the design for it. I want to use it as my company name. Do I owe him

Now he did not pay me or even ask me to make it I just did it based off our conversation. After I made the design I tried to sell it to him but he didn't want it. A few months later I wanted to create a design company using that slogan as the name. I want to use the design as my logo. Would I owe... Read more »

Joseph Jaap answered on Jun 5, 2017

A slogan is usually too short for copyright protection, so must be protected as a trademark or service mark. That either requires registration with the state or being used in commerce. If he has not registered it or used it in business, then he probably could not succeed on a claim against you.... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on

Q: If my idea of invention is already patented by another individual yet not invented, what are my options? Thank You!

I recently discovered that my idea of invention had already been patented by another individual 5 years ago. However, the product is not available to this day and I passionately wish to bring this invention to life. What are my options?

Joseph Jaap answered on Dec 27, 2016

You can contact the patent owner and negotiate a license from the patent owner to produce the product or purchase the patent rights. Consult a local patent attorney.

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