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Oklahoma Intellectual Property Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for Oklahoma on
Q: I found an unpublished manuscript that was written in 1860. Can I publish it and make money?

This is an interview with a choctaw native american man who had told the author the history and cultural practices of the tribe.

Bao Tran
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Bao Tran
answered on Jul 25, 2024

If you have found an unpublished manuscript written in 1860, detailing the history and cultural practices of the Choctaw tribe, you may be able to publish it and make money from it. Here are the key considerations:

Copyright Status

Public Domain: Works published before 1924 are...
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2 Answers | Asked in Copyright and Intellectual Property for Oklahoma on
Q: I found an unpublished manuscript that was written in 1860. Can I publish it and make money?

This is an interview with a choctaw native american man who had told the author the history and cultural practices of the tribe.

James L. Arrasmith
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answered on Jul 21, 2024

Publishing an unpublished manuscript from 1860 involves several considerations. First, you need to determine if the manuscript is still under copyright. In the United States, works published before 1924 are typically in the public domain, meaning they are free to use. However, because this... View More

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2 Answers | Asked in Arbitration / Mediation Law, Copyright and Intellectual Property for Oklahoma on
Q: What does it mean when a person has a creative commons and arbitration license
James L. Arrasmith
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answered on Jun 10, 2024

When a person has a Creative Commons license, it means they have chosen to share their work with certain permissions for others to use it. This license allows others to use, distribute, and sometimes modify the work, depending on the specific terms of the license. Creative Commons licenses come in... View More

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2 Answers | Asked in Arbitration / Mediation Law, Copyright and Intellectual Property for Oklahoma on
Q: What does it mean when a person has a creative commons and arbitration license
Tim Akpinar
Tim Akpinar
answered on Jun 4, 2024

An Oklahoma attorney could advise best, but your question remains open for two weeks. There is a creative commons license that publishers follow in using certain publicly posted images, if that's the license you are talking about. As for the arbitration provision, it's possible that... View More

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1 Answer | Asked in Intellectual Property for Oklahoma on
Q: CM Knowingly concealing stolen property with a text from the seller saying sorry they didn't know it was stolen is proof

Enough showing that I had no idea that the item purchased was stolen for a rebuttal?

James L. Arrasmith
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answered on Aug 17, 2024

If you have a text from the seller stating they didn't know the item was stolen, it could help support your claim that you were unaware of the item's origin. This shows that even the person who sold it to you had no knowledge of its status, which can back up your own lack of awareness.... View More

1 Answer | Asked in Personal Injury, Civil Rights, Election Law and Intellectual Property for Oklahoma on
Q: H Force Wood, County Department and Wood County Circuit Court 2:2024c v 01247 May 24, 2024

Injunction Writ of Mundanus judicial cause for penal damages 12 C.F.R. § 1806.503.

Sec1806-503-books account records and government

James L. Arrasmith
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answered on Jun 10, 2024

The case you mentioned, involving H Force Wood, the County Department, and the Wood County Circuit Court, seems complex. An injunction writ of mandamus is a court order compelling a government entity or official to perform a duty they are legally obligated to complete. This writ is typically used... View More

1 Answer | Asked in Copyright and Intellectual Property for Oklahoma on
Q: I have a question regarding copyright/patents and infringement on copyright/patents itself as well, regarding an iOS app

If there is an old dice game that I can find no record of on the internet or anywhere else then where I have heard of it from in person, is it copyright to turn it into an application for devices for everyone to play? I cannot find an original creator or owner of the game and everyone I’ve ever... View More

James L. Arrasmith
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answered on Aug 29, 2023

Under U.S. copyright law, game mechanics and rules are generally not copyrightable; however, the specific expression of those rules (such as in a rulebook) or any associated artwork may be. If you substantially reimagine the game, including its rules and appearance, your version could be considered... View More

2 Answers | Asked in Copyright and Intellectual Property for Oklahoma on
Q: Copyright Question. I purchased assets to a company in 2011. Do I own their past copyrights?

I purchased a company in 2011. They had previously produced videos and copyrighted these videos. Do I own the copyrights to these videos? If so, how do I make that claim?

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

If you acquired all the assets, that would include both tangible and intangible assets such as copyrights and trademarks. The purchase agreement should make it clear what was transferred. The company may have registered the copyrights, in which case you need to record assignments of the copyright... View More

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1 Answer | Asked in Intellectual Property and Trademark for Oklahoma on
Q: "Oklahomie" serial number: 88275112 current "status: 604 - Abandoned- After- Inter-Parties-Decision" Is it available?

Is it available to trademark or is it already taken?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 3, 2023

This application and another to register OKLAHOMIE (with map) were opposed by The Board of Regents of the University of Oklahoma twice (in 2019 and 2020) which owns several registration for OKLAHOMA.

A new application to register OKLAHOMIE would most certainly be similarly opposed.

1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for Oklahoma on
Q: If I buy something from a place like Etsy to put on a product that I sell and make from scratch. Am I good legally

I buy the product from a source that is allowed to make the sticker or decal and I put it on a product to sell. Do I still have to get a Craftman license to be able to sell that with that sticker on it?

Jessica Brown
Jessica Brown
answered on Mar 22, 2021

There isn't enough information here to fully answer your question.

It does, however, sound like (depending on a lot more information) you could get in trouble for copyright and/or trademark infringement, fraudulent misrepresentation, or something else.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Intellectual Property for Oklahoma on
Q: Grantee filed fraudulent deed, when grantor was deceased & allotment was restricted under indian law, what can be done?
Nina Whitehurst
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answered on Aug 16, 2019

And attorney can help you file an action to quiet title.

Q: decorating false fingernail to sell, can a provisional patent application be filed, for process, false fingernail use
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 10, 2019

You can file a provisional patent application and say patent pending for a year but that may not be a long-term fix. In order for the patent process to be valuable to you, you need to get claims in a non-provisional application through the examination process. You will need to show that what you... View More

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1 Answer | Asked in Intellectual Property for Oklahoma on
Q: Are they allowed to hold your property in the vehicle for collateral or can you get it

Like my car was impounded and I have a bunch of tools and stuff in there and they said I can't have them until I either give them the car or pay for it to be out

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

This is not an intellectual property question, but rather a personal property issue. Consider re-posting the question under the correct topic.

1 Answer | Asked in Intellectual Property and Small Claims for Oklahoma on
Q: Strangers broke down left their car on my property. Tried calling them, phone is off. Been here 25days. How to claim $?

I own this residential private property.

Failed attempts at contacting them. Have not heard from them in over 2 weeks.

Andrew Zulieve
Andrew Zulieve
answered on Jun 8, 2018

File a report with the local police and let them investigate the matter for possible criminal charges.

1 Answer | Asked in Intellectual Property and Trademark for Oklahoma on
Q: A cork maker owns their trademark in wine, but not for household goods, which I want for a corkscrew. Can I trademark?

They mostly do chemical processes and do NOT own the trademark in household goods, but I'm assuming perhaps they make corks for wine bottles.

I thought I'd be safe trademarking in a class they don't have a trademark in, but since their product is literally cork and I'm... View More

Benton R Patterson III
Benton R Patterson III
answered on Feb 8, 2018

There is really not a clear answer here. It is possible the other trademark owner may oppose your trademark registration or sue you for trademark infringement. The fact that the two marks are in different classes does not necessarily mean consumers are unlikely to be confused by the two marks.... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Oklahoma on
Q: Is it legal to 3D Model off a patent?

Is it legal to 3D Model off a patent, especially if it's expired?

Is it a copyright or trademark infringement if i share pics of the 3D model?

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 4, 2017

If a patent is expired, then whatever is in the patent is generally considered in public domain, meaning, that anyone should be able to use it. There may be some weird exception to this, but that is the whole idea behind patents: the inventor discloses the invention to the society, and return the... View More

1 Answer | Asked in Intellectual Property for Oklahoma on
Q: IN CASES OF COPYING AND SELLING OF COPYRIGHTED MATERIALS DOES THE SUPRMACY CLAUSE APPLY
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 8, 2015

Copyright protection is governed by federal law. The Supremacy Clause declares that federal law supersedes inconsistent state law. So yes, if there are state laws in the picture (although it is hard to imagine that being), they would probably be superseded by federal law.

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