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Texas Intellectual Property Questions & Answers
2 Answers | Asked in Contracts, Intellectual Property and Education Law for Texas on
Q: If someone retypes my contract, different font same words then signs, is this legal and his property, not mine?

Have determined this is not a print program in my issue. I haven't signed it yet. Misrepresentation of fact? An attp to defraud me by his creation of intellectual property?

Kathryn Perales
Kathryn Perales answered on Dec 14, 2020

I think you are asking whether, by copying a contract you created, someone is infringing your copyright rights, and if so, how you can stop them or get them to pay you damages.

If your contract is legally considered creative enough to have copyright rights, then the verbatim copying is...
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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I've come up with an ENTIRELY new art form and want to protect myself from other people taking the idea.
Kathryn Perales
Kathryn Perales answered on Dec 11, 2020

In order to get an answer to this question, you'll need to have a confidential consultation with an intellectual property attorney, so that you can describe what you mean. Your innovation/idea may be protectable by patent, copyright, contract or other types of law, or it may not be legally... Read more »

2 Answers | Asked in Intellectual Property for Texas on
Q: What prof is needed to be considered a co inventor?

I worked for a company that had an application patent on how to attach a polymer onto sand.

I was instrumental in buying lab equipment to test cps of coated sand. The company had no testing procedures before I was hired. I used my vendor relationships to source polymers to create new coated... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 6, 2020

All that you described can qualify for co-inventor status IF that is part of the patent.

You may in reality have different patents where you can be co-author.

For example, the process for making the product. The curing or oven process, etc.

Consult with an attorney.

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1 Answer | Asked in Intellectual Property for Texas on
Q: I was taken advantage of by the large businesses the time line tells the story, I want to be able to make something

they robbed me

Allison Higgins
Allison Higgins answered on Nov 29, 2020

Hi there. This forum is for general information and legal questions. We cannot contract you directly without you reaching out to one of us. If you want to speak to a lawyer directly, you will need to contact one of us through our Justia profile.

1 Answer | Asked in Intellectual Property, Employment Law and Business Law for Texas on
Q: Do I have a case to sue for damages based on a violation of my intellectual property rights?

I agreed, verbally and via written contract, to teach my copyrighted workshop at a six-week summer program. My boss filmed all the program’s classes and sold them to virtual students for an indefinite period of time after the six-week program ends. This was not included in the written contract,... Read more »

Allison Higgins
Allison Higgins answered on Nov 23, 2020

You may have a case, but an attorney would need more details to give a more definite answer. For example, was the program created before or during your employment? There may be some work for hire issues that need to be sorted out.

It also would depend if there is an integration clause in...
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1 Answer | Asked in Intellectual Property and Trademark for Texas on
Q: Which trademark class do I need?

I am starting a youtube channel containing instructional and entertaining videos about homebrewing (beer, wine, etc...). The channel will be owned by my parent llc. I'm looking into trademarking the parent companies name and logo. Which class of trademark do i want to use? Class 33 for... Read more »

Julia Lang
Julia Lang answered on Nov 10, 2020

Arguably, the most crucial pieces of any trademark application are the selection of the appropriate filing classes and the proper description of goods and/or services within those classes. They are also commonly the subject of refusals by the USPTO. I highly recommend consulting a trademark... Read more »

2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: Can I not use the word Crayola?

Well I sell makeup I just thought the name would be great fit ! What if I flip the C to a K or use the word crayon

Allison Higgins
Allison Higgins answered on Nov 7, 2020

It depends on how you are wanting to use the word. Are you wanting to sell crayons under the name Crayola? That's definitely not allowed. However, there are many other ways that you could legally use the word Crayola depending on what you are trying to do or sell. Also, the protections here... Read more »

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1 Answer | Asked in Intellectual Property for Texas on
Q: Its about a property that is under my dads name but he pass away serval years . and he had a common law wife who would

Be in title to the property

Allison Higgins
Allison Higgins answered on Oct 25, 2020

Hi there. This question was posted in the Intellectual Property section, which deals with trademarks, copyrights, and patents. It sounds like you may be seeking the assistance of a Property Law attorney, Estate Law attorney, or Real Estate Law attorney. Perhaps try reposting the question is those... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: I am looking for a patent lawyer that specializes in weapons, specifically Guns - All Types - can you help

New type of configurable weapon that can be quickly modified for rapidly changing tactical situations - also new weapons for personal defense and law enforcement

Timothy John Billick
Timothy John Billick answered on Sep 28, 2020

Yes I can certainly help with this matter. I have experience with mechanical and electrical inventions so feel free to check out my background and drop me a line at www.tbillicklaw.com

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I need to continue with my trademark registrations because it shows like this Status: 602 - Abandoned-Failure To Respond

i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?

Timothy John Billick
Timothy John Billick answered on Sep 22, 2020

It depends on how long it has been abandoned. It is possible to revive if it has not been too long. I have revived several abandoned applications in the past, so if you would like some help, feel free to reach out!

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I need to continue with my trademark registrations because it shows like this Status: 602 - Abandoned-Failure To Respond

i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?

Evelyn Suero
Evelyn Suero answered on Sep 11, 2020

A trademark application may show a status of abandoned for failure to respond to an office action correspondence from the USPTO. Depending on how long it has been since the notice of abandonment was sent, you may be able to file a Petition to Revive the application along with the required... Read more »

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Can I patent a similar product that’s on the market that has a different feature that makes it unique??
Kevin E. Flynn
Kevin E. Flynn answered on Sep 9, 2020

Yes you can. The telephone was first patented more than 100 years ago and people are still patenting improvements.

It is important to distinguish between patentability (the ability to get a new patent) and freedom-to-operate (the ability to make and sell your product in light of earlier...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: How can I register or claim trademark
Evelyn Suero
Evelyn Suero answered on Aug 26, 2020

Trademarks may be registered with a state or federally with the USPTO. Consult with a trademark attorney to assist you with clearance search and application process.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: What if your name is Email Bios? Could you copyright or trademark the name or names?
Tania Maria Williams
Tania Maria Williams answered on Aug 18, 2020

It depends on what goods and services you're using the name for. If the name is descriptive, it will likely get rejected.

3 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Can someone patent, trademark, or copywrite their first, middle, and/or last name?
Kevin E. Flynn
Kevin E. Flynn answered on Aug 18, 2020

Not a candidate for a patent.

35 USC 101 Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title....
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1 Answer | Asked in Intellectual Property for Texas on
Q: Am I protected against copyright infringement for using work of an unpublished, unregistered book manuscript?

I have written a screenplay based on a true story that includes a forgotten historical figure, the man who researched and wrote about him, and myself, who found the lost manuscript of the deceased author and decided to tell their stories. My work is more derivative than adaptation, but still uses... Read more »

John B. Hudak
John B. Hudak answered on Jun 24, 2020

This situation has a lot of facts related to the situation.

You have spent such a significant amount of time working on the project so overall you will want to consult with a copyright/entertainment attorney. It would be an injustice for you to take anything from a message board as...
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1 Answer | Asked in Intellectual Property for Texas on
Q: Is there anyway I can send the picture for trade mark register? Thank you.

Is there anyway I can send the picture for trade mark register?

Thank you.

John B. Hudak
John B. Hudak answered on Jun 19, 2020

In many instances, pictures are acceptable specimens to prove the use of a trademark associated with a good/service. A full application is required for federal registration of a trademark, though.

This answer includes generalizations and there are many caveats. This answer does not form...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Is the word trademarked “GirlDad” the same as using Girl Dad with a space in between?

I made a shirt with the word “GirlDad”

Would I be able to make same shirt by adding a space in between?

Example: “Girl Dad”

Evelyn Suero
Evelyn Suero answered on Jun 17, 2020

Adding a space between the trademarked phrase may not be sufficient to overcome a likelihood of confusion and may result in a claim of trademark infringement if this mark is used in the same or related class of goods or services. Consult with a trademark attorney for more information.

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Using outlines of artists' characters for digital role playing game portraits to be put on YouTube for commercial use.

I take character art from online, take out the background in Photoshop, make the character solid white; leaving only the outline and define the edges with a black stroke and then import the final product into a virtual table to resemble characters in our Dungeons and Dragons role-playing sessions... Read more »

Barbara Berschler
Barbara Berschler answered on May 10, 2020

If you are copying in any way from someone else's art work, you will be making a derivative work which would be an infringement unless you received permission from the owner of the copyright protected work.

2 Answers | Asked in Copyright, Intellectual Property, Contracts and Internet Law for Texas on
Q: I want to pay a freelancer directly to write texts for my website. What do I do to own copyright?

Do I need to create a contract or we can agree on terms in e-mail or a freelancer can sign a paper in free form saying that whenever they get paid for their work they transfer copyright ownership to me? My website is just .com, it’s not registered as a company.

Evelyn Suero
Evelyn Suero answered on May 7, 2020

When working with an independent contractor it is good practice to have a signed written agreement where the contractor agrees that any intellectual property created while providing the services to you will be deemed "work for hire" and, if a court determines that the intellectual... Read more »

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