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Pennsylvania Intellectual Property Questions & Answers

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on

Q: What is the likelihood of a patent holder being granted a second patent for a variation of his first patent?

If someone else filed for that second patent, I would argue that given my patent, that the second patent is obvious but it really isn't that obvious and I want to be the one to file before someone else does. An analogous example: Think of the old power line communications technology where using a... Read more »

Peter D. Mlynek answered on Jul 18, 2019

This happens all the time.

Patent 1 is for an invention, patent 2 is an improvement to that invention. You can file an application to patent 2 as a CIP of the first application, or you can add a TD in the second filing, etc. Talk to your patent attorney more about this.

Good...
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1 Answer | Asked in Intellectual Property, Trademark and Business Formation for Pennsylvania on

Q: Hi! I am starting an app called align. It will be in the fitness space. Can I trademark the name even tho there r others

I see many align trademarks, so wondering if it is industry that sets them apart or if it's the font? I assume there must be a defining feature to allow them to trademark so many versions of "align".

Also wondering with a tech app, will I need intellectual property or any other form of... Read more »

Jason Brooks answered on Jun 18, 2019

Trademarks are differentiated by "Class" -- When you submit an application for a trademark registration, you must specifically identify which stream of commerce you are using your mark, and if the USPTO finds that there is no likelihood of confusion with another existing mark, you will be granted a... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on

Q: Can I use the name nex and trademark it for use in the e-cigarette/ dietary supplement classes?

Peter N. Munsing answered on Apr 19, 2019

You need to find out if someone else is using it. The Navy PX is called NEX and would have at least a service mark if not a trademark. There would be a problem if a Court found there was confusion. So I think unless you get their permission that isn't likely but I would suggest you contact a... Read more »

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

Q: I create decals on Etsy. One decal I created is a combing of all the Pittsburgh teams in one. Is this infringement?

Many vendors in Pittsburgh sell merchandise with this logo. My listing was removed by Etsy after notice of intellectual property infringement from NFL Properties, LLC. This logo can be looked up on Google as "Pittsburgh Combined Team Logo". The only portion of the Pittsburgh Steelers logo is the 3... Read more »

Marcos Garciaacosta answered on Mar 5, 2019

Nope. Most leagues have enforcement teams and will depend on how strongly they enforce their rights.

You want logos or brands that are as far away from those registered products as possible.

NFL owns the names, logos, art of all teams, so you run into problems the closer you get to...
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1 Answer | Asked in Criminal Law, Federal Crimes and Intellectual Property for Pennsylvania on

Q: Will you get jail time for a second degree misdemeanor? Charge was for taking $100 from work after a customer left it.

Andrea E. Mertz answered on Jan 25, 2019

Assuming you have no prior record of convictions, you will get probation. The maximum sentence you face is 1 to 2 years incarceration. However, that maximum usually is ordered for repeat convicts who have multiple convictions. Hire an attorney and inquire as to whether your county has a first... Read more »

1 Answer | Asked in Car Accidents and Intellectual Property for Pennsylvania on

Q: who pays?

well the whole story is my friend hit my car in a parking lot and my parents decided to not get insurance involved so i got estimates for it and they agreed to pay. after a weak and a half i slid of the road and damaged the parts my friend damaged

You

but i rapaired the car so it... Read more »

Peter N. Munsing answered on Mar 20, 2018

At this point it will be difficult to prove their damage as opposed to yours. Technically, if you can show what parts they damaged, that are not repaired by you, let them pay for those.

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

Q: I have received a copyright infringement notification on my eBay account about a product I am selling.

The product is a dumbbell fitness bracelet that has the words "Live","Lift" on the bracelet. The notice is coming a company that sell similar bracelets that h that has the words "Fit", "Life" on it. The bracelets are very similar but clearly different based on the text. Is this truly copyrighted... Read more »

Benton R Patterson III answered on Feb 13, 2018

An attorney would need to review the two products to answer this question. From what you have described, it seems unlikely that your bracelet would infringe a copyright for the other bracelet. While jewelry is protected by copyright, the rights are not so broad as to cover entire design concepts.... Read more »

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

Q: I'm creating a campaign video using clips from popular music and tv videos. Can this be considered Fair Use?

The video can be seen here: https://www.seedandspark.com/fund/thegrind

Andrew Zulieve Esq answered on Jan 31, 2018

Doubtful. Go online and read the section of the U.S. Copyright Act of 1976 which defines what is a fair use.

2 Answers | Asked in Intellectual Property and Trademark for Pennsylvania on

Q: With a trademark application, is it possible to list colloquial variations of your trademark name?

When you trademark a name, I know that variations are covered under the idea that they create conflict but is it possible to list known variations that are used colloquially under the same application or do they all need to be done separately? For example if the official name is Product-X Service... Read more »

Andrew Zulieve Esq answered on Jan 10, 2018

Your issues are a bit unclear, but these principles might be helpful:

1. The underlying right to use a particular trademark is acquired by actual use in commerce.

2. For a mark used in commerce but not registered with the U.S. Trademark Office, the geographical scope of protection...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on

Q: What are the legal risks for me selling a game system that looks like a nintendo nes but bears no trademark

what could I potentially face if caught

Benton R Patterson III answered on Oct 16, 2017

You could potentially be liable for trade dress infringement, which is very similar to what you are describing.

1 Answer | Asked in Family Law, Intellectual Property, Probate and Small Claims for Pennsylvania on

Q: son's father Steve died Steve's sister has the guitar belonged to Steve. Can i take her to court..

Charles Rick answered on Jun 29, 2017

Yes, you can take her to court.....not really small claims court..but orphans court.

1 Answer | Asked in Intellectual Property for Pennsylvania on

Q: Am I infringing on a word mark using THIS name?

My brother and I own a vineyard / winery in PA (Jackson Winery -- name has been changed to protect the innocent / guilty). We received a warning from 'Jackson Winery' in Washington State that we must stop using their trademarked name (we checked with the USPTO; they do own the word mark). Would we... Read more »

Evan Charles Pappas answered on Nov 1, 2016

The answer to this question may depend on how long you have been using the mark in commerce. Although this other winery may have a registered trademark (you refer to the "word" mark), this fact alone does not completely answer the question. If your use of the name predates their use and/or the... Read more »

1 Answer | Asked in Intellectual Property for Pennsylvania on

Q: Is this copyright infringement?

My site:http://precureforum.createaforum.com/

Original:http://prettycureforum.com/

The owner has blamed me for copyright infringement. He will take legal action if i don't prove him wrong.Check both sites whole, please.

Danyea

Changi Wu answered on Jan 19, 2016

Your website and the original website both use images from TOEI Animation. I guess neither of you have obtain authorization from TOEI. Therefore, both of you are infringing TOEI's copyright. The original website enjoys only the website design. If you did not copy its website design, you do not... Read more »

1 Answer | Asked in Intellectual Property for Pennsylvania on

Q: How can I track the history and current status of a patent? Why do some patents have the same name but different number

Adam Studnicki answered on Jul 14, 2015

Lots of great resources available for searching patents on uspto.gov.

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