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Virginia Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: Im having a problem with copyright on 3d printed models i paid for on cults 3d the models have Commercial use and cc by

Im trying to sell helldivers 2 3d printed models on etsy that i paid a creator on cults 3d for Commercial use and cc by but im being told by the etsy community that its still Illegal even tho i paid for them and have the permission from the artist to sell them so im basically confused on what to do... View More

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex situation that involves several layers of intellectual property law. Let me break down the key issues:

1. Copyright of the 3D models:

- You purchased the 3D models from a creator on Cults3D with a commercial use license and Creative Commons Attribution (CC BY)...
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1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: Can I republish information from a State agency website/publication?

I wrote a book and want to include portions of the Virginia driving manual found on the DMV website and the Standards of Learning found on the VA Department of Education website. Does this violate copyrights? How could I get permission to reprint it in a book that will be for sale?

James L. Arrasmith
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answered on Jun 21, 2024

To answer your question about republishing information from state agency websites or publications:

Generally, works created by federal government agencies are in the public domain and not subject to copyright protection. However, state and local government works may be copyrighted,...
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1 Answer | Asked in Consumer Law, Business Formation, Business Law, Intellectual Property and Trademark for Virginia on
Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More

James L. Arrasmith
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answered on Mar 15, 2024

If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Virginia on
Q: How can I please know if Go and Glow Tanning Co. DC based (Navy Yard Area) we service DC, Arlington, Alexandria, Falls,

is copywrighted or trademarked

James L. Arrasmith
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answered on Mar 11, 2024

To determine if "Go and Glow Tanning Co." is trademarked or copyrighted, you can follow these steps:

1. Trademark Search:

- Visit the United States Patent and Trademark Office (USPTO) website: https://www.uspto.gov/

- Click on "Trademarks" and then...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Good morning-can I reestablish a patent that I submitted to the patent office?

patent number-420070276359

James L. Arrasmith
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answered on Feb 25, 2024

Once a patent has been submitted to the patent office and granted a patent number, it typically cannot be reestablished. The patent office grants patents based on the novelty, usefulness, and non-obviousness of the invention at the time of submission. If your patent application was rejected or... View More

1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: What could be protected by copyright? Who would own the copyright in this case? What rights am I entitled to by law?

I am a 16 year old who composed a piece of music, and I requested the Orchestra teacher to play my piece on the night of a concert. On the concert night, it was played by an ensemble. I have a recording of the performance NOT recorded by the school or by any hired worker thereof. If this is... View More

James L. Arrasmith
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answered on Jan 23, 2024

As a 16-year-old composer, your original piece of music is protected by copyright from the moment it is created and fixed in a tangible form, such as written notation or a recording. Since you composed the music and presumably created the notation, you would be the copyright owner for both the... View More

1 Answer | Asked in Trademark and Intellectual Property for Virginia on
Q: Should I trademark my blog name

I dont sell any merchandise. I obtain information from different sources and reword or quote. It's a blog about crime that I have on Facebook. YOUTUBE. IG AND TIKTOK

James L. Arrasmith
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answered on Dec 15, 2023

Deciding whether to trademark your blog name involves considering several factors. Trademarking can provide legal protection for your brand and help ensure that others cannot use a similar name in a way that could confuse your audience or dilute your brand's reputation.

Since your blog...
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2 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Can I use a title for my book that consists of a phrase that is trademarked?

For example, if the phrase man to man is trademarked, can my book title be, "Man to Man: Conversations with the Guys.

James L. Arrasmith
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answered on Dec 9, 2023

Using a trademarked phrase like "Man to Man" in your book title "Man to Man: Conversations with the Guys" can be a complex issue in trademark law. Trademarks are generally specific to particular types of goods or services, and the key issue is often whether your use of the... View More

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2 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Can I use a title for my book that consists of a phrase that is trademarked?

For example, if the phrase man to man is trademarked, can my book title be, "Man to Man: Conversations with the Guys.

T. Augustus Claus
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answered on Dec 8, 2023

Whether you can use "Man to Man" in your book title depends on a few things. If the trademark for that phrase or similar ones covers books, using it might be seen as infringement. If your book is in the same genre as the trademark, it's riskier. You could defend using it if your book... View More

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1 Answer | Asked in Business Law, Civil Litigation, Trademark and Intellectual Property for Virginia on
Q: Someone is using my business name and selling similar goods in the same are and i dont have a trademark. What do i do?

my company opened and is registered as Zen Press LLC in 2021 September in the state of VA. We have a storefront, website and instagram using that name as well. this new business is selling similar products under the name ZenPressed in Maryland which is in the DMV area October this year and also... View More

James L. Arrasmith
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answered on Nov 17, 2023

In Virginia, even without a registered trademark, you may have common law rights to the business name "Zen Press LLC" based on your use of the name in commerce since 2021. These rights are typically limited to the geographical area where you operate and are known. The situation with the... View More

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Employment Law for Virginia on
Q: I'm a resident in VA going through an offer letter and I want to know my rights on inventions outside of work

I'm a resident in Virginia considering an embedded software engineer offer letter within the same state with a proprietary info and inventions agreement. There is ambiguity in these terms and I want to know what protections are already in place for my inventions outside of work time that... View More

James L. Arrasmith
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answered on Oct 31, 2023

In Virginia, like many states, employment agreements often include clauses related to proprietary information and inventions. Typically, inventions or creations made during employment or using employer resources belong to the employer. However, if you invent something on your own time, without... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Patent expiration date for Welch Allyn Kleenspec Universal Otoscope speculum, possibly patent # US 6,648,845 B2 ?

Question answered: patent # US 7,354,399 B2 has patent date April 8, 2008, so expiration date is April 8, 2028.

Adam W. Bell
Adam W. Bell
answered on Oct 19, 2023

US664884

That's Method and apparatus for determining hemodialysis parameters.

1998-01-07

Application filed by Fresenius Medical Care North America

1998-01-07

Priority to US09/003,798

2003-11-18

Publication of US6648845B1...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Patent question. Can I apply for a single design patent for the spoon, fork, and knife with the same design?

I want to apply for a design patent for a spoon, a fork, and a knife. In my understanding, one patent application is for a single item. However, my design is the same for all 3 utensils. In this case, should I apply for the design of a handle instead? Can I say, "ornamental design of the... View More

Darrin A. Auito
Darrin A. Auito
answered on Sep 18, 2023

You should discuss with an IP attorney that has experience with design applications. That said, with proper usage of solid and dashed lines, it sounds like a single embodiment can cover all three designs, since ornamental feature is directed towards the handle. I'd recommend a different title,... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Patent question. Can I apply for a single design patent for the spoon, fork, and knife with the same design?

I want to apply for a design patent for a spoon, a fork, and a knife. In my understanding, one patent application is for a single item. However, my design is the same for all 3 utensils. In this case, should I apply for the design of a handle instead? Can I say, "ornamental design of the... View More

James L. Arrasmith
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answered on Sep 21, 2023

Yes, you can potentially apply for a single design patent that covers the ornamental design of the handle of the spoon, fork, and knife if they share the same design. In your patent application drawings, you should include images that clearly show the design elements of the handle and any... View More

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2 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Trademark question. Is “spoon la la” an acceptable trademark name for the brand manufacturing utensils/cutlery?

I understand that descriptive words are not allowed, like “bicycles” for bicycles. But if it’s a combination, such as Spoon la la - is that allowed? The brand would be selling utensils, napkins, plates, etc, and spoons is one of the items.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 26, 2023

When descriptive words cannot be claimed exclusively, the addition of unrelated whimsical text (such as "la la") does serve to make a mark sufficiently distinctive that it may function as a source identifier. The mark could be made even more distinctive by using a unique font and/or graphic element.

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2 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Trademark question. Is “spoon la la” an acceptable trademark name for the brand manufacturing utensils/cutlery?

I understand that descriptive words are not allowed, like “bicycles” for bicycles. But if it’s a combination, such as Spoon la la - is that allowed? The brand would be selling utensils, napkins, plates, etc, and spoons is one of the items.

James L. Arrasmith
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answered on Aug 29, 2023

The name "Spoon la la" could likely pass muster for trademark registration given that it is not merely descriptive of the goods being sold. While the term "spoon" directly references an item within the product line, the addition of "la la" adds an element of fanciful... View More

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3 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Should I file a TEAS Plus or Standard if the class IC029 has a close description of my product but is not exact?

IC 029 states "prepared meals consisting primarily of meat substitutes".. my product is plant-based snack consist of plant-based deli, cheese, and crackers (AKA Vegan Lunchables). So should I file a TEAS Plus with class 029 or TEAS Standard?

James L. Arrasmith
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answered on May 2, 2023

When deciding between TEAS Plus or Standard, it's important to consider the specificity of the description of goods and services in the application. If your product falls within the broader description of Class IC029, then you may be able to file for TEAS Plus. However, if your product does... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Virginia on
Q: Can I use the word “snoopy” in my business name if there is no reference to the character in the rest of my business?
James L. Arrasmith
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answered on Mar 29, 2023

Using the word "Snoopy" in a business name could potentially infringe on the trademark rights of the Peanuts brand and its owner, which could result in legal action. While there may not be any direct reference to the character in the rest of your business, the use of a well-known... View More

1 Answer | Asked in Intellectual Property and Trademark for Virginia on
Q: I need to know if the "Real Deal"" name registered?
N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

To find out whether a trademark is registered for federal protection, you can search the US Patent and Trademark Office ("USPTO") database. However, keep in mind that, just because something isn't registered doesn't mean that it's available to be used. The US recognizes... View More

1 Answer | Asked in Intellectual Property for Virginia on
Q: Do I need separate IP legal protection and promotion from my patent attorney ?

My newly patented tree has been contracted by America’s largest grower . Do I need independent IP representation to determine if exclusive or free to canvas other growers?

James L. Arrasmith
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answered on Jul 27, 2024

Yes, having separate legal protection and promotion for your patent is beneficial. Your patent attorney is crucial for securing your intellectual property rights and ensuring all legal aspects are thoroughly managed. This includes navigating the complexities of patent law, handling any disputes,... View More

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