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Oregon Intellectual Property Questions & Answers
3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license

Do I need to get a trademark or register it?

Felicia Altman
Felicia Altman
answered on Dec 4, 2023

When writing a Children's Book the best protection is the copyright protection for the book. Be sure to once the final version of the book is complete to register the work with the Library of Congress. A copyright is not protected in court without being official registered work. The... View More

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license

Do I need to get a trademark or register it?

Jim Boness
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answered on Dec 5, 2023

You have a couple of options for protecting your original work, as described. The first would be to copyright the book, or books, you write. You could do them individually (single author, same claimant, one work, not for hire) and pay the $45 dollar e-copyright registration fees for each.... View More

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2 Answers | Asked in Intellectual Property and Trademark for Oregon on
Q: Could I legally use the name all the smoke as the name of my spice blend. Of course, it wouldn't be the company name
Jim Boness
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answered on Oct 2, 2023

This is not a copyright question, but really belongs in the realm of trademark law. Whether you can use any particular name for a product or business cannot be answered unless and until you do a thorough name clearance search. Yes, they do cost money, but the money spent upfront can be considered... View More

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2 Answers | Asked in Intellectual Property and Trademark for Oregon on
Q: Could I legally use the name all the smoke as the name of my spice blend. Of course, it wouldn't be the company name
James L. Arrasmith
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answered on Oct 15, 2023

Using "All the Smoke" as the name of a spice blend is contingent upon whether the phrase is already trademarked in a similar category of goods. To determine its availability, you would conduct a trademark search in the United States Patent and Trademark Office (USPTO) database. If... View More

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Oregon on
Q: Is it a violation of copyright to publish and monetize (ads) AI summary of other people's youtube videos about crypto?

There are many online content creators in the finance and investing space. With so much information and so little time, I want to summarize videos and publish them, along with metadata and trend/sentiment analysis, to a website that may be monetized through ads and/or subscription for custom feeds.... View More

James L. Arrasmith
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answered on Aug 29, 2023

Summarizing other people's content and monetizing it could potentially expose you to copyright infringement claims under federal law, especially if the summaries capture the essence or key elements of the original work. The Fair Use doctrine allows for limited use of copyrighted material... View More

2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Can I use my own registered trademarked logo within graphic artwork and if I do can it be modified in any way?
James L. Arrasmith
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answered on Aug 6, 2023

You may generally use your own registered trademarked logo within graphic artwork. However, any modifications to the logo should be done with caution to avoid weakening the distinctiveness of the registered trademark and potentially infringing on the rights of others. It is advisable to consult... View More

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2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: How do I trademark my art work so I can share it to my business social media safely
James L. Arrasmith
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answered on Mar 10, 2023

To trademark your artwork, you can file an application with the United States Patent and Trademark Office (USPTO). A trademark protects the use of a word, phrase, symbol, or design that identifies and distinguishes the source of the goods or services of one party from those of others. To apply for... View More

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2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: How do I trademark my art work so I can share it to my business social media safely
Jim Boness
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answered on Mar 3, 2023

Trademark signifies a source of goods or services. Unless your artwork serves as a logo (which can be trademarked), you would have to demonstrate to the USPTO that the elements of your artwork are distinctive and unique enough (secondary meaning) to qualify as a source of goods. This can be... View More

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1 Answer | Asked in Intellectual Property for Oregon on
Q: When does this patent expire? Patent 6 883 446 B2 Patent 7 325 502 B2
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 6, 2021

you can google it or look into public pair

best luck

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Can I trademark Floyd D Duck? I think the trademark has lapsed
William Scott Goldman
William Scott Goldman
answered on Jul 8, 2020

Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to... View More

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3 Answers | Asked in Copyright and Intellectual Property for Oregon on
Q: How do I get copyright of my photos?

I have a store on eBay and noticed that other sellers are using them without my permission and now I found a company using my photos .. its frustrating because I took the time, patience, and dedication to take each photo and for someone to just use them is not fair, I've tried contacting the... View More

Barbara Berschler
Barbara Berschler
answered on May 26, 2020

Without doing anything special, you already own the copyright in your photos. That being the case, you could proceed under the Digital Millennium Copyright Act (DMCA) to notify the internet service provider where the photos are being displayed. Check the Terms of Use of the ISPs to follow the... View More

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2 Answers | Asked in Copyright and Intellectual Property for Oregon on
Q: I made a song with a free beat that the creator allows anyone to use and someone else who doesnt own it Copyrighted me

They have whole different lyrics just the same beat and they copyrighted my song causing me to unwillingly forfeit all future revenue I may make and I was wondering what I can do about it legally

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 8, 2020

Unsure, as your information does not exactly make sense. The person who wrote the beat owns the copyright to that part, you would own the copyright to your lyrics. The other person would own the rights to their lyrics.

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Oregon on
Q: This is Michael Tallen need to talk to lawyer about above patent.

This patent is worth $100sM and I did everything and got $1. Dennis Fenton threatened his way onto the patent. He threaten me even recently and is worth over $600M

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 27, 2018

I sent a message to your LinkedIn account. If you want to talk, please give me a call.

1 Answer | Asked in Intellectual Property for Oregon on
Q: If I have an idea and I would like to sale it to a company,and I want to guarantee that they don't steel it

I want to make sure they don't just steal it without paying me, what kind of agreement form do I need?

Benton R Patterson III
Benton R Patterson III
answered on May 14, 2018

It depends on what the idea is. If it falls under patent, trademark, or copyright law, you should take the respective action to secure it (prosecute a patent or trademark application or register your copyright). If it does not fall under one of those categories, it may be a trade secret, in which... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Is the Star trek logo/insignia trademarked

Can other people use it? Or is it property of Paramount/CBS like I expect?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 19, 2018

Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.

1 Answer | Asked in Business Law, Intellectual Property and Contracts for Oregon on
Q: Does an LLC "own" works created by its members by default? Or does it only own what is explicitly put in its ownership?

A group of independent consultants works collaboratively on some projects - primarily joint marketing, and also producing and delivering online training. The group created an LLC to own a bank account and linked online payment accounts, to take in, hold, & pay out pooled funds for collaborative... View More

Benton R Patterson III
Benton R Patterson III
answered on Feb 6, 2018

An attorney would need to review all the facts to answer this question, most importantly, the LLC operating agreement. It is possible there could be joint ownership of the property by the members, if not through the LLC, then through a general partnership created by law as a result of the... View More

1 Answer | Asked in Copyright and Intellectual Property for Oregon on
Q: Hi, i wish to know if copyright subsists if my work was extorted out by someone and subsequently used

I was forced to perform work for a former classmate during university. The latter did this by means of death threats and other blackmail acts. I complied and authored the said person's final year project for her. The person has since passed this work off as hers and has used it for commercial... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 5, 2017

Potentially, but the statute of limitations is 3 years on copyright infringement. So, you may need to act quickly.

2 Answers | Asked in Family Law, Intellectual Property and Real Estate Law for Oregon on
Q: 2 questions.. is it legal to take a loan on property without both owners consent?

not only did my grandmas sister switch her name and take it off the property and add her daughter in place of her, without my grandma present and her notarized signature, changing ownership of half the property without the other halfs approval is illegal mal practice right?

and the first... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 27, 2017

If a lender is foolish enough to make a loan to only one of two owners of the property, it is ok. Your great aunt committed forgery and fraud if she signed your grandmother's name to a deed without your grandmother's consent or knowledge. If there is a lien against only one party's... View More

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2 Answers | Asked in Intellectual Property for Oregon on
Q: How can I purchase this trademark title?

I am trying to start a travel company and would like to trademark my title and symbol.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 10, 2016

First, you need to make sure no one else is already using the same mark. You could do your own search using the Trademark Office's database (http://www.uspto.gov/trademark) but those only include the marks registered. A better option is to consult with a trademark attorney who can go over... View More

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