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Intellectual Property Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: A man writes a diary in 1947. He doesn't publish it or register it for copyright. Is it under copyright today?

After his death 10 years later in 1957, the diary is discovered in his home. It was not mentioned in his will, nor had he assigned the rights to the work to anyone. Is the diary under copyright protection in 2024? Thanks!

James L. Arrasmith
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answered on Mar 22, 2024

The copyright status of works like diaries can be complex, particularly when they are unpublished and the author has passed away. In general, for works created but not published or registered before 1978, copyright typically lasts for the life of the author plus 70 years. Since the diary was... View More

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2 Answers | Asked in Education Law, Intellectual Property and Copyright for New York on
Q: Access Rights to Professional Archive

I am currently writing a book about a scholar who passed away three years ago. This individual was a professor at a state university and a well-known public figure worldwide. On the website of his foundation, there is a list of all the lectures he delivered across the globe. I requested access to... View More

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answered on Mar 22, 2024

In the realm of academic research and historical documentation, access to archives can indeed be crucial. However, the legal right to access such materials depends on a variety of factors, including copyright law, the intentions of the decedent, and any existing agreements or policies established... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: More than one entity can own a trademark? Like (Sun's out guns out). Has more than one serial # ownership

The original person that trademarked this phrase did not renew their trademark license on it. Now there are at least two or more people who trademarked this phrase.

James L. Arrasmith
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answered on Mar 20, 2024

Yes, more than one entity can hold a trademark for the same phrase if the marks are registered for different classes of goods or services. This means that the phrase "Sun's out guns out" could be trademarked by different parties, each using the phrase in a different context or... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Is it legal for someone to claim a patent on a game that has been played around the world for so long?

How can this person legally claim to have invented Pickleball? Is there a money involved in this? It’s like if I, an American, claim to invent rice.

James L. Arrasmith
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answered on Mar 19, 2024

In general, for someone to claim a patent on a concept, the idea must be new, non-obvious, and useful. If a game has been widely played and known for a long time, it's unlikely that someone could successfully patent the game itself, as it would not meet the criteria for novelty. Patenting... View More

4 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Hi so since it’s abandoned, is Under The Sun available to trademark?
James L. Arrasmith
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answered on Mar 20, 2024

Whether "Under The Sun" is available to trademark depends on several factors, including whether it's currently in use or has been abandoned in the context relevant to your business. Trademark availability is not just about whether a phrase is being used, but also whether it's... View More

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4 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Hi so since it’s abandoned, is Under The Sun available to trademark?
Felicia Altman
Felicia Altman
answered on Mar 19, 2024

Even if a trademark is abandoned does not mean that the mark is available for registration. In order to know if a mark is available start by conducting a quick search on the USPTO for similar registered marks in the same class of goods and services. A search can be complicated and it is recommended... View More

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4 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Hi so since it’s abandoned, is Under The Sun available to trademark?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 19, 2024

There are several dead and cancelled registrations for the word mark UNDER THE SUN, and some have design elements. But there are also many active registrations for UNDER THE SUN in different categories of goods/services. You should consult a qualified trademark attorney to review your proposed... View More

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2 Answers | Asked in Trademark and Intellectual Property on
Q: I want to get a trademark for my clothing brand. I live in Norway and want to gain full owner rights over my brand.

I want to have an international trademark so I have owner rights everywhere in the world. I don't know what way to go and need some guidance.

James L. Arrasmith
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answered on Mar 20, 2024

To obtain trademark protection for your clothing brand in Norway, you would start by registering your trademark with the Norwegian Industrial Property Office (NIPO). This process involves submitting an application, including details of your trademark and the goods or services it will cover.... View More

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2 Answers | Asked in Trademark and Intellectual Property on
Q: I want to get a trademark for my clothing brand. I live in Norway and want to gain full owner rights over my brand.

I want to have an international trademark so I have owner rights everywhere in the world. I don't know what way to go and need some guidance.

Alan Harrison
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answered on Mar 19, 2024

As a resident of Norway who wants an international trademark, you can find good resources at https://www.patentstyret.no/en. They may even have a list of attorneys or agents who could help you to make an international filling. Because Norway is not part of the EU, you would need a Norwegian... View More

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2 Answers | Asked in Consumer Law, Copyright, Business Formation, Trademark and Intellectual Property on
Q: I want to start a company called “Natura Wipes”. I would like to know if this could cause any legal issues?

Selling 99.9% water based chemical free baby wipes.

James L. Arrasmith
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answered on Mar 20, 2024

Starting a company named “Natura Wipes” and selling 99.9% water-based, chemical-free baby wipes could raise legal considerations you need to address. The first step is to ensure that the name “Natura Wipes” is not trademarked by another company in your country or region, as this could... View More

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2 Answers | Asked in Consumer Law, Copyright, Business Formation, Trademark and Intellectual Property on
Q: I want to start a company called “Natura Wipes”. I would like to know if this could cause any legal issues?

Selling 99.9% water based chemical free baby wipes.

Temitope Oluwatoyin Siyanbade
Temitope Oluwatoyin Siyanbade
answered on Mar 18, 2024

It depends. When exploring whether you can use a name without running into issues, you have to do a trademark search. The most basic trademark search can be done using the USPTO's website, but you have to search variations of the word or phrase that you are interested in search. The reason... View More

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1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: Can I use ghetto as an trademark

Because I'm trying to use it for an positive thing and wear

James L. Arrasmith
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answered on Mar 18, 2024

You can attempt to trademark the term "ghetto" for your brand, focusing on a positive message and apparel. However, trademarking a word involves specific criteria, including distinctiveness and not being misleading or offensive. The term must uniquely identify your products or services... View More

2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
James L. Arrasmith
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answered on Mar 16, 2024

If an artist has given you explicit permission to use their images, including those posted on Facebook, for your book, then you generally have the right to use those images according to the terms laid out by the artist. Ensure that this permission is in writing and clearly states the scope of use,... View More

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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
Alan Harrison
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answered on Mar 16, 2024

The Copyright Office has repeatedly said that you can't get a copyright in AI generated art. You should be fine to copy AI art from anywhere. The people who posted the art can't even file a valid suit without getting the art registered in the Copyright Office.

NOTE: My answer...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: What Patents do Solatube International hold in South Africa if any in regards Tubular skylights and ventilation systems
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 15, 2024

Here are some of the patents that Solatube Int'l Inc. has in South Africa:

ZA2012/00018 - SKYLIGHT COLLIMATOR WITH MULTIPLE STAGES

ZA2012/00569 - SKYLIGHT COVER WITH PRISMATIC DOME AND CYLINDER PORTIONS

ZA2012/04238 - DIRECT AND INDIRECT LIGHT DIFFUSING DEVICES AND...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: What Patents do Solatube International hold in South Africa if any in regards Tubular skylights and ventilation systems
James L. Arrasmith
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answered on Mar 20, 2024

The World Intellectual Property Organization (WIPO) offers PATENTSCOPE, a tool that allows you to search through millions of patent documents, including international patent applications (PCT). This is useful for conducting comprehensive searches in multiple countries and in different languages​​.

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 15, 2024

If someone is infringing your product or process, you need to see a patent litigation attorney.

The first thing that the attorney will do is to investigate whether the company is actually infringing your patent. By "infringing your patent", I mean that the company is making or...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
James L. Arrasmith
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answered on Mar 20, 2024

If you suspect that a company is using parts of your patent without permission, the first step is to gather all relevant evidence, including details of your patent and the aspects of the product that allegedly infringe upon it. Consulting with a patent attorney can provide you with a professional... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
Sean Goodwin
Sean Goodwin
answered on Mar 20, 2024

At least one of the independent claims (including each element of the claim) must be made, used, offered for sale, or sold for your patent to be infringed. If any element of the independent claim is missing, then they have designed a way around your patent.

The first step is to consult a...
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1 Answer | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Florida on
Q: I'm starting a online viral Aromatherapy service and would like to know if a business trust is possible to setup.

I would also like to know if a phase that is the business name should be trademark

James L. Arrasmith
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answered on Mar 15, 2024

Starting an online aromatherapy service is an exciting venture. Regarding your question about setting up a business trust, it's indeed possible. A business trust can manage the business's assets and operations, but the specifics can vary widely based on your location and business needs.... View More

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