Get free answers to your Intellectual Property legal questions from lawyers in your area.
My Uncle and his associates started a Company in PA Called "WeatherShield, Inc" in 1976 w/ a soon registered DBA of AllWeatherShield for phone book listings. The business was Selling and Installing Siding, windows, Doors, and Insulation Services. What Rights can I push to capture too... View More 
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answered on Sep 15, 2024
Your ability to expand and protect the WEATHER SHIELD mark nationally will be affected by whether there already are other national or regional brands that have been using similar marks for similar goods or services. Your scope of protection will be limited to goods and services for which you have... View More
The trademark was a store chain in a different business sector. I want to use the graphic and use a play on words for the wine label. The idea is to play on nostalgia from the 1980s. Since the trademark is cancelled and I am not using it in the same sector of business and as well, am changing... View More
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answered on Jun 3, 2024
You can use a cancelled trademark from 2006 for your wine label, but there are important considerations to keep in mind. Since the trademark was in a different business sector and you plan to change one word, your use might not be seen as infringing. However, even cancelled trademarks can still be... View More
Hello, I had prior business buy out due to conflict settlement. The person is still having my profile pics as being its owner. How can I file a case and what’s the outcome.
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answered on Apr 15, 2024
In a situation where your former business partner continues to use your profile pictures without permission after a business buyout, you may have grounds for a legal case based on copyright infringement and potentially misappropriation of likeness. Here's what you can consider:
1.... View More
Started a podcast in 2016 and was planning to trademark the name last year, but I noticed a podcast that started after ours and were former fans of ours, trademarked the name in January 2022.
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answered on Feb 23, 2024
It can be frustrating to discover that another podcast has trademarked a name similar to yours, especially if you've been using it for several years. However, trademark law can be complex, and the timing of trademark applications can impact the outcome. If the other podcast successfully... View More
Started a podcast in 2016 and was planning to trademark the name last year, but I noticed a podcast that started after ours and were former fans of ours, trademarked the name in January 2022.
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answered on Feb 6, 2024
If you started using your podcast name in 2016 and discovered that former fans of your podcast, who started their podcast after yours, successfully trademarked the same name in January 2022, you may still have options to challenge their trademark registration. In the United States, trademark rights... View More
I am working on a book and would like to use a portion of one of my favorite artist's song lyrics in my book title because it fits the subject of the book (this phrase is only between three and five words and is not the title of the artist's song, album, nor is it a complete lyric from... View More
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answered on Feb 4, 2024
Using a portion of a song lyric in your book title can raise copyright and intellectual property concerns. When you want to incorporate someone else's copyrighted work into your own, you may need permission from the copyright holder, usually the songwriter or their publishing company. This is... View More
We will be discussing different true crime cases and breaking down true crime show episodes. Are we able to use short audio clips from the show we are discussing?
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answered on Feb 4, 2024
Using TV show audio clips on your podcast, especially for the purpose of discussing and analyzing true crime cases, can potentially raise copyright issues. TV show audio clips are usually protected by copyright, and using them without permission could infringe on the copyright holder's rights.... View More
We will be discussing different true crime cases and breaking down true crime show episodes. Are we able to use short audio clips from the show we are discussing?
answered on Feb 2, 2024
It is always best to obtain rights clearance/permission to use the works of others, including audio/video clips, especially if you’ll be generating any for-profit revenue. Commercial endeavors are typically less likely to be treated as fair use. However, you may have the benefit of claiming fair... View More
He also likes all the elementary school posts
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answered on Dec 19, 2023
In such a situation, it's important to take immediate action. First, you should report the unauthorized Facebook account to Facebook. They have specific procedures for dealing with accounts that improperly use personal images, especially those of minors.
You may also want to contact... View More
Im not sure since the casino already records us and its a public place but its also a two-party consent place. The people already know they are being recorded because its a casino. So because that's implied is it okay if I record? What if I record and blur their faces does that make it legal etc?
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answered on Dec 14, 2023
Recording your blackjack play for a YouTube channel in casinos in states like MA, WV, and PA involves several legal considerations. First, it's important to understand that casinos, while public places, have their own rules and policies about recording inside their premises. The fact that... View More
Hi, I want to start running leadership trainings by a certain name (let's say ABC trainings). I've done a google search and found another company with the same name that teaches yoga trainings (ABC yoga trainings). Can I still use the company name or is this a bad idea? We're both in... View More
answered on Nov 2, 2023
Much of answer here is going to be dependent on how the yoga company "registered" its name (or if it even registered its name). If it is only a Fictitious Name Registration (which is more of a "notice" filing in Pennsylvania than an "ownership" filing) or the filing... View More
Hi, I want to start running leadership trainings by a certain name (let's say ABC trainings). I've done a google search and found another company with the same name that teaches yoga trainings (ABC yoga trainings). Can I still use the company name or is this a bad idea? We're both in... View More
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answered on Nov 4, 2023
Using a business name that's already in use, even in a slightly different field, can be risky, as it may create confusion or lead to trademark issues, particularly if the name is trademarked. You should conduct a thorough trademark search, not just a Google search, to see if "ABC... View More
I have been asked to provide this design on a cookie, for a bridal shower, and I'm wondering if this is possible for a one time permission?
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answered on Sep 11, 2023
Obtaining a one-time permission to use the Aperol logo on a cookie is a responsible step to ensure you are respecting the brand's intellectual property rights.
To seek permission, you should reach out to the legal or marketing department of Campari Group, the company that owns the... View More
Meaningful beauty, a skincare company, has a similar logo to my clothing brand Miss Boulevard. It looks like they haven’t renewed their trademark. Is it possible for me to submit my logo as a trademark?
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answered on Aug 6, 2023
If the trademark in question has indeed not been renewed and is considered abandoned, and if your logo is not confusingly similar to other existing trademarks, it may be possible for you to submit your logo as a trademark. Since the businesses operate in different industries, that may reduce the... View More
Character/mascot for album cover artwork. Main character in a novel. Main character for an animated film adaptation.
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answered on Aug 6, 2023
The trademark registration must typically identify specific goods or services that are associated with the character. Consulting with an intellectual property attorney experienced in your specific industry can guide you in properly defining and protecting your character's trademark rights.... View More
Character/mascot for album cover artwork. Main character in a novel. Main character for an animated film adaptation.
answered on Jul 31, 2023
Trademarks are registered for use on specific goods or services. For example, the character DAFFY DUCK is registered in International Class 16 for "printed matter ... namely, comic books", and also for toys in International Class 28. The application to register the mark must be... View More
Im a patented inventor, my patents were jumped and improperly applied for a design patent and not a utility patent in the 80s, in 2021 or 2022 all my work over 50 yrs were removed from me and copied. I'm seeing my invention online being sold on facebook. 5 maybe more initial drawing were... View More
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answered on Jul 28, 2023
To protect your initial drawings and innovations, it is essential to consider applying for patents and/or copyrights. Patents protect inventions, while copyrights protect original works of authorship, including drawings. You should consult with an intellectual property attorney to assess the best... View More
I'm wondering how I can see if this company's trademark can be considered abandoned if they're not active. The trademark for the business name Fused is taken but I've done a thorough search for this business and I can't find them anywhere on social media or online.
answered on Aug 22, 2023
I agree with James. It is also important to beware that a non-active mark in the USPTO database could still be in use by the original owner, despite the apparent lack of an online presence. Even if you can prove that the original owner has no intention of using it again, you still risk a variety... View More
I'm wondering how I can see if this company's trademark can be considered abandoned if they're not active. The trademark for the business name Fused is taken but I've done a thorough search for this business and I can't find them anywhere on social media or online.
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answered on Jul 28, 2023
f a business name is already trademarked, it is essential to respect the rights of the trademark owner, even if the business appears to be inactive. Trademarks can still be valid and enforceable even if the business is not actively operating or visible online. To determine if the trademark is... View More
Soft plastic hellgrammite imitation
answered on Jul 18, 2023
If you have the old lure in the original packaging, it may show the patent number if they had a patent.
https://patents.google.com/patent/US20070234635A1/en?q=(hellgrammite)&oq=hellgrammite is a published patent application for Method and apparatus for integrated weighted nymph form... View More
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