Lawyers, Answer Questions  & Get Points Log In
Ohio Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property for Ohio on
Q: Can I obtain a title of a vehicle left on my property ? The vehicle has been at my house for over 10 years.

I had left my friend borrow 5,000 almost 15 years ago. To ensure they would pay me back he left me with his vehicle that was valued at almost 60,000 back in 2006. He never returned and I have not been able to get ahold of him by phone or by mail. Please advise I am in the state of Ohio. I know I... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Oct 18, 2021

This forum is solely for intellectual property. You will need to contact an attorney who specializes in tangible property.

1 Answer | Asked in Intellectual Property and Landlord - Tenant for Ohio on
Q: Can I immediately evict a tenant if they threaten property damage through text? He’s also verbally threatened my fiancé.

He’s been staying with us for awhile, he hasn’t paid rent this month and hasn’t paid bills from the month prior. He also made himself a liability when he constantly gets drunk and plays with his firearms. When confronted, he verbally threatened my fiancé while I was at work and told us he... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 8, 2021

If rent is unpaid, deliver a 3-day notice to vacate, then file an eviction action. If you just change the the locks and throw his things outside, he could sue you for wrongful eviction. Use the Find a Lawyer tab to retain a local attorney to assist you.

1 Answer | Asked in Employment Law and Intellectual Property for Ohio on
Q: I want to put something I created into my portfolio, but I work under an NDA and employer IP rights.

I'm a designer. The item is available for public availability on the company website and in advertising. It's to showcase for my personal portfolio for future employers. I signed an NDA when I was hired and our employee handbook shows my employer has exclusive rights to anything and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 18, 2021

Depending on what it is you probably are out of luck

Consult with an attorney

You may be able to create something similar to show, something that is not infringing in your employer's rights

1 Answer | Asked in Intellectual Property for Ohio on
Q: With a faux electrical socket outlet that is explained in (Application #20160276815) does this cover any wall or surface

whereas the invention maybe established has another patent filing or if the patent has been granted for the mentioned patent application would it be an considered an infringment if the method is used on another product?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 11, 2021

Depends, check with an attorney!!!

3 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: I am writing a dark-retelling of beauty and the beast. If I have a similar character named Gaston, is there copyright?

His looks are pretty similar, slightly different. He has a completely original backstory, different motivations for going after Belle, and a different death than he does in the movie.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 18, 2021

Maybe, it depends.

You need to consult with an attorney before you get into any trouble.

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: What [if any] legal repercussions could I face for using an already copyrighted "name" ("Liquid Loud", to be exact) .?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2020

Many, many.

From a cease and desist. To a formal lawsuit and damages.

Consult with an attorney.

3 Answers | Asked in Intellectual Property for Ohio on
Q: What is the status of applications and databases developed without an intellectual property assignment agreement?

I have been working for the same company for the past 17 years. Over that time I have developed several applications and databases to make both my and my coworkers jobs easier. These systems were mostly done without direction from management, who took a hands off approach to development, though a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 22, 2020

Vey tricky question.

If what you did was paid for, directly or indirectly and with the purpose of benefiting the company, they can make an argument that it is theirs.

Check if you signed anything at the beginning of your employment.

Also, this may be a bargaining chip for...
Read more »

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Are the drawings in a patent also public domain when a patent is expired, or is there a copyright attached limiting use?

I'd like to print and sell drawings from expired patents as art pieces. Is this legal?

Kathryn Perales
Kathryn Perales answered on Sep 3, 2020

Drawings included in a published patent application are in the public domain, under long standing US law. In the unlikely event that a copyright notice is included on the patent drawing in the patent application, you should look twice. But, in most cases you can do whatever you want with... Read more »

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: i run a large social platform and have got some copyright claims, the copyright holder refuses to work with me.

is there any legal process i can go through to get claims resolved on a un-responsive holder?

Jason Brooks
Jason Brooks answered on Aug 3, 2020

Not really. except for certain streaming music licenses, copyrighted work does not require a compulsory license, and so if the copyright holder does no want to work out a license to you, they are under no obligation to do so.

1 Answer | Asked in Intellectual Property and Real Estate Law for Ohio on
Q: Grandfather passed away and didn't leave his 2 properties to anyone.

Other family members and myself are going through probate court now, and I'm residing at the property. I have to leave state and wanted to know if there away I can have a friend handle all affairs regarding the property?

Joseph Jaap
Joseph Jaap answered on May 20, 2020

The probate court will appoint an executor (if he had a will) or an administrator (if he did not) to handle the estate. That is the person who should handle the property. Or that person can hire a property manager to do it. Ask the attorney assisting with the estate about it, or if there is no... Read more »

1 Answer | Asked in Intellectual Property and Real Estate Law for Ohio on
Q: I purchased a property in 2011 which I believed to consist of 8 lots. Recently discovered we may not own 2

I recieved the survey showing all 8 lots. But recently I discovered the the county auditor shows we do not own the 2 lots in the middle of our back yard. I checked the deed and they are not on the deed but they show on the survey. There is no way for the person it says owns them to access them what... Read more »

Joseph Jaap
Joseph Jaap answered on May 12, 2020

If your contract was for the purchase all 8 lots, and you paid for all 8, how did 2 get omitted? Was it a mistake in the deed preparation? What did your 2011 purchase contract say? Did you obtain owner's title insurance when you purchased the lots? Are the auditor's records correct?... Read more »

2 Answers | Asked in Intellectual Property for Ohio on
Q: If I had an idea for a new product but could not afford the cost of a patent , I sent myself a post office sealed

envelope with all the details inside . Would it hold up as a legal document if the idea was patented by someone else at a later date ?

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Mar 3, 2020

No. It will not help. Patents do not protect "ideas" - The only thing that is protected is the "structure" that allows the "idea" to work. The structure is the thing that is protected. What is subject to Patent Protection? it is a new structure that does... Read more »

View More Answers

1 Answer | Asked in Business Formation, Civil Litigation, Copyright and Intellectual Property for Ohio on
Q: Do I need to pay to research a copyright where one is claimed but cannot be found in US Copyright Offices online search?

This is regarding a litigation I would like to bring to light in Ohio. Its very specifically plagiarism and the plagiarist has even used my penname. There are many specific parts of this that make it very difficult, one being I was a minor aged 13 when I wrote it and the law says I have no right to... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 27, 2020

It’s technically infringement because copyright protection begins when you put pen to paper. However, you must prove that you created the work in the first place. That might be tough to do in your predicament. Always a good idea to register your works with the copyright office, and always use an... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Under fair use, is a 501(c)(3) non-profit org permitted to use copyrighted images in a YT video for educational purpose?

I'm talking about still (not moving) images, obtained without a license, in a video work that criticizes religious or political developments for the sake of advancing public knowledge, without any profit motive whatsoever, and without any financial gain.

Joseph Jaap
Joseph Jaap answered on Jan 27, 2020

If you are sued for infringement, fair use would be your defense in court. But the outcome would depend on all the facts and evidence submitted to the court. Sometimes the person with the most money to spend on litigation wins. If the court finds it is an infringement, and not a fair use, it can... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: I would like to have a hard copy of a patent I originated. How much does that cost?

Worked for Lennox Industries for 19yrs; this was my final project. Even the events to my termination were questionable; at best, in my estimation.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 28, 2019

Congratulations on being an inventor on a US patent. You can download a PDF of the patent at https://patents.google.com/patent/US10337727B2/en?oq=10337727 and then print the patent out.

If you want the patent on some thicker stock, you can buy one from the USPTO for $3. I have not done...
Read more »

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
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... 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
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...
Read more »

View More Answers

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
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
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.... 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
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... Read more »

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.