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Intellectual Property Questions & Answers
1 Answer | Asked in Civil Rights, Intellectual Property, Internet Law and Juvenile Law on
Q: Can I sue a DJ for using my first name as his song title?

I was 17 years old at the time this happened. I kind of forgot about it, but my husband and I were talking tonight and it came up. Basically, I was 17, I was foolishly speaking to a DJ in the UK he was like 25 at the time) and he said I was his "muse" for the song, and that he would name the song... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 23, 2020

Your question remains open for five weeks, and at this point, you might ask an intellectual property attorney for their opinion of your situation. However, it could be worth keeping in mind that many songs out there are named after people, and there could be millions of people who share the same... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I register my brand and my product under the same trademark? Just an example" Diamond Fuel by Herballlove"
Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

Nope, your brand and your product are two separate trademarks and would need two separate trademark registrations.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Hello, I would like to know if its possible to claim a inanimate object such as air?

Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.

Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

You cannot claim something natural. It has to be manmade.

You can claim a machine or device that uses air. For instance, a hot air balloon.

Q: Ok..this idea was originally stole from me by inventionland or davison. We live in a habitat for humanity home....

Now I was told christmas and my birthday the patent along with the buisness is mine I'm ne ceo.... now theres patents for humanity my land lords surely cant steal my riches and my buisness... there're non proffit.... for one thing. And for 2 none of this was or is possible with out me its caused me... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 13, 2020

I am so sorry that you had a bad experience with this firm. I am not familiar with them, but that industry of helping inventors has many bad apples.

There are a number of invention promotion firms that take money from inventors and provide little or no value back. I do not know all these...
Read more »

1 Answer | Asked in Civil Litigation, Contracts, Intellectual Property and Real Estate Law for Louisiana on
Q: Can a property manager be held responsible for providing a master key to a person that is not listed on a lease

Which resulted in two break in,which the property manager confessed to providing a master key to a guest not leasing with the complex on a police report,can the property manager be held responsible as well as an accessory for my home being broken into for a second time

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 12, 2020

Yes both civily and criminally

Q: Are we allowed to file and own a patent while working for a company? The patent is not related to the company field.

Our contract mentions

"conceives, creates, invents, designs, develops, contributes to or improves any works of authorship, inventions, materials, documents or other work product or other intellectual property, either alone or in conjunction with third parties, at any time during Service... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 7, 2020

This question comes up all the time. You will need to take the contract and employee manuals that deal with the duty to assign inventions to an attorney in the state where you work. There are some states that have limits on the scope of this mandatory assignment clause for employees.

It...
Read more »

1 Answer | Asked in Contracts, Collections, Intellectual Property and Small Claims for Minnesota on
Q: Best way to go about this

I bought my stepmom car for 2000.. and today she showed up with the police claiming that I never paid her anything and she wants the car back. She had the car towed off my property...

I have text messages from her saying the price of the car, me giving her mom, and are agreement... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 5, 2020

consult a local attorney, you can try this in small claims depending on your jurisdiction

make sure you have all documented and printed for presenting to the court

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Hello! I have a question regarding manufacture of specific skateboard parts.

I recently manufactured on a CNC machine 5 sets of high performance skateboard trucks. The design copies very closely a design of a company that is no longer in business. I believe they never had a patent on their skateboard parts. Is it legal for me to sell my product? They are not exact... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 2, 2020

that definitely requires an in depth analysis and consultation with an attorney

in any case you always run the risk of somebody claiming you are copying something

you need to understand how many basic designs of trucks exists, how long they have been around, etc. in order to assess...
Read more »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: can I copyright a work for hire?

If I commissioned a freelance artist to created my a graphic character and we sighed a work for hire contracted before work started. does it fall in the nine categories of work for hire?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

Indeed that is the purpose of the contract and work for hire clauses

make sure your contract is firm and the other person understands what she signed off to avoid future complaints

1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: Someone in Israel is selling jewelry on a website with the same name as mine in the us. No trademark. Can I use it?

My business is in the US. The other person's business is in Israel. Both of us use a similar name and web address ( I registered my domain a year before. He added a hyphen.) He got his business running before I did. Neither of us have applied for trademarks but both would be operating similar... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

In general trademark protection is territorial

if they are not selling the same products under the same brand in the same territories, both may be able to coexist

if they are selling in the USA, they can claim rights over the brand, even if it is not registered

consult with...
Read more »

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Louisiana on
Q: HELLO, I RESPONDED TO THE ABANDONMENT EMAIL WITHIN TIME ALLOTTED BUT HAVE NOT RECIEVED REPLY FROM USPTO. WHAT'S NEXT?

https://music.apple.com/gb/album/my-side-of-the-tracks/53532522

Kevin E. Flynn
Kevin E. Flynn answered on Dec 30, 2019

It would be a bad idea for me to guess what led to the abandonment and what response you filed. It would be a good idea for you to contact the USPTO help desk as they can look into the electronic file and let you know the next step.

You can call 571 272 4200 ( they have several phone...
Read more »

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1 Answer | Asked in Copyright, Intellectual Property, Family Law and Child Custody for Texas on
Q: married mother under investigation process and my caseworker has yet to summit an application for my assesment. This ok?

What are my rights? I need advice! I know I've made mistakes, but im a great mom and my babies need me! How can i help this nightmare end? Im going to do better for my babies, no doubt. Im trying to work with the investigator, but when will my case become important enough? Im no one in this world... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 30, 2019

Based on your details it sounds like you’re a good mother who has made some mistakes. Sounds like you have taken responsibility of those mistakes and ready to forge ahead. In order to fight the way you need to you’re going to have to hire your own attorney and be ready to spend thousands of... Read more »

1 Answer | Asked in Intellectual Property and Land Use & Zoning for Indiana on
Q: Is it illegal for a pedestrian to cross and residential property?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2019

technically yes,

why would they do that?

what is the extend of the trespass?

whether you can go after them or not depends on a number of factors.

if you think you have a problem of this nature, consult with an attorney.

cheers

Q: I have a copyright on a particular drinking glass design, can I seek legal action if the design is manufactured and sold

I have other designs and I'm debating whether to seek copyright protection or a design patent.

Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

Yes, you should be able to seek legal action. Go see an intellectual property litigation attorney.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: How can we at Sri Lanka Institute of Nanotechnology (SLINTEC) wants to feature our patents obtained through your site?
Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

I don't speak for JUSTIA, I just sometimes answer questions that users have, but from I understand, if you have a patent, it will automatically be accessible through this site. For more information, please contact the owners of JUSTIA.

1 Answer | Asked in Business Formation, Intellectual Property and Trademark for California on
Q: If I file trademark for a certain class am I allowed to do everything within that class or only that initially stated.

I want to file a trademark for an LLC I want to make

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2019

Depends.

In theory yes, but you need to stick close to what you listed.

If you plan to sell more than just your initial description, you should list it in your application.

www.legalbizglobal.com

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: There was a show in the 70’s of people dancing. How can I go about using a piece of the show for a music video?
Karima Gulick
Karima Gulick answered on Dec 15, 2019

The safest way to approach this is to locate the owners of the video and request permission or license the content for use.

2 Answers | Asked in Copyright and Intellectual Property for New Mexico on
Q: I sell rustic wood pallets. If someone tells me to carve the dallas cowboys logo on one is it copyright infringing?
Karima Gulick
Karima Gulick answered on Dec 15, 2019

Since you're selling these for profits and not using them for personal use, you might get into trouble for trademark and possibly copyright infringement without the appropriate licenses and permissions from the trademark owner.

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1 Answer | Asked in Copyright, Intellectual Property, International Law and Trademark on
Q: Walt in a domain name?

I am an artist and been thinking about buying a domain name "walt" as it is my own name, for my personal artist website and brand. However, there is lots of companies named Walt and obviously Walt Disney. Will using that domain name get me in trouble or is the trademarks only affecting the category... Read more »

Karima Gulick
Karima Gulick answered on Dec 15, 2019

Is it just Walt in the domain name? Is there more to it? I recommend doing a search to make sure the trademark or variations of the mark are not owned by someone else in your field and related fields.

1 Answer | Asked in Intellectual Property for Tennessee on
Q: My name is cody it really was my idea for the webcam cover

I'm just a young inventor who reached out to davison/ inventionland for help getting started not long after web cam covers are all over the web I just want the credit which is owed to me I called it privacy cover pls help I dont understand how to get started with this I already submitted it to... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 9, 2019

Contact a local intellectual property attorney to determine your options, if any.

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