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Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property for California on
Q: Does the gift law (common law) apply to every state?

The reason why I ask is because a former friend had given me gifts of intellectual property a few months ago (character designs), and now they are demanding that I give them back because we aren't friends anymore. I have evidence that they were gifts and I'm aware that you cannot revoke a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 26, 2021

It depends on what they gave you and what rights they transferred

They may given you a painting for example, but they may retain the rights to commercialize it.

Consult with an attorney.

1 Answer | Asked in Intellectual Property for California on
Q: When sending a cease and desist letter, do I also have to provide evidence of the infringement with it to the receiver?

It's pretty much as straightforward as it gets. I've been highly wondering about it.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 25, 2021

A C&D letter is a letter and you can include whatever you consider to be relevant.

Consult with an attorney.

1 Answer | Asked in Intellectual Property for California on
Q: How exactly is IP defined in a venture studio program if the only thing presented were concepts is that truly IP?

I was part of a corporate venture studio program run by a local VC fund. I signed an agreement that they would own any IP I came up with in the program. However, I'm not sure I created any? I presented two concepts, but didn't do any development on them. Is that really IP? could I argue... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 25, 2021

Before you get into problems you should consult with an attorney.

You may want to talk to the people at the company and the Fund as well.

1 Answer | Asked in Intellectual Property, Land Use & Zoning, Probate and Real Estate Law for Wyoming on
Q: Can the owner of the land sale the land if there is property on it thats wrap up in probate?
Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Your question is unclear. If there is only one tract, then apparently the alleged owner is actually only a tenant in common and the Probate will need to be closed prior to sale. If more than one tract, then the alleged owner may be able to convey the tract he owns. The Probate may only be... Read more »

1 Answer | Asked in Employment Law and Intellectual Property for New York on
Q: I prepared many policies and procedures for my employer. Do I have any legal ownership of the documents I created

Documents including operating templates created by myself all on my personal laptop not issued through the business. All budgets and analysis's have been created on my laptop. Are any of these documents legally my property considering I created it all from scratch on my laptop.

Omar Darwich
Omar Darwich answered on Jun 20, 2021

It's most likely going to depend on the nature of your employment contract with your employer.

Your best best is to consult with an attorney and have them do a review of your employment contract.

1 Answer | Asked in Intellectual Property on
Q: Where to go to register my trademark in the USA?What are the costs to register my trademark?SincerelyGeorgii

Is it really necessary if I already bought a domain name, to also register it as a trademark before I can get copyright and trademark protection in the USA?

Does the USA not follow a common-sense approach whereby the first user and inventor of a phrase or trademark enjoys automatic legal... Read more »

Omar Darwich
Omar Darwich answered on Jun 20, 2021

It can be absolutely necessary to federally register your trademark when in the USA.

Domain names do not equal federal trademark rights.

Feel free to consult with an attorney if you need additional information or help.

I've never heard of an attorney who bites!

1 Answer | Asked in Intellectual Property for Texas on
Q: Can recipes be copywrited?

I have older recipes, but have no idea if they are copied from any magazines, newspapers, etc. Can a recipe that is in a cookbook be changed and therefore not get in trouble if it is a copywriter? I would like to take recipes that serve larger portions, and change it to serve 2 people.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 17, 2021

You can register the copyright of recipies.

Whether it can be defended or not will depend on the content.

1 Answer | Asked in Copyright and Intellectual Property on
Q: Can images/scans of likely copyrighted sports cards be partially reproduced and redistributed?

I'd like to create a deck of cards with scans of relatively new sports cards (30-40 years old) in the inset of the card, and sell that deck as game cards for a board game. Since they are just scans of the original card, it would never be mistaken as a reprint. As a result, though, names and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 14, 2021

I am not sure if the 30% rule is a hard rule.

You are in risky territory.

I do not recommend you do it.

Consult with an attorney.

2 Answers | Asked in Products Liability, Identity Theft, Intellectual Property and Small Claims for Nevada on
Q: Social Security Administration lost my passports when sending us back through USPS without insurance. Possible to claim?

I applied for my 3-yr old daughter's social security number for her health insurance. Because of Covid, SSA required us to submit the original copies of her and my passports at their office. Once my daughter was approved of the SSN, the SSA office sent us back the passports through uninsured... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

You should make a report to the post office. Take your copy of that report and make a claim to Social Security. They may want to you reapply for your daughter's passport so they have the copy of the bills. They say no, talk to your congressperson & Senators--each has a staff member to... Read more »

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1 Answer | Asked in Intellectual Property on
Q: In this modern day, how can I safeguard against privacy & intellectual property threats via telepathy/mind reading?

Have laws been developed to safeguard against and punish unethical telepathy?

6/29/21: Well are there certain properties to avoid, things not to sign up for where minds can legally be read? Accidentally agreed to through fine print?

Omar Darwich
Omar Darwich answered on Jun 10, 2021

I don't believe you're going to find an answer to this question here.

1 Answer | Asked in Copyright and Intellectual Property for Delaware on
Q: I have a software that I want to protect, what would be the best option as I was recommended that copyright is not best

Option as copyright will provide public access, although not clear for me, but what do you recommend

Omar Darwich
Omar Darwich answered on Jun 7, 2021

So I know its been a min since you've posted this question, but if you've developed a "new" software it might be best to seek a patent for your invention.

1 Answer | Asked in Copyright, Estate Planning, Business Law and Intellectual Property for Nevada on
Q: My late husband had semiconductor patents. I haven't probated yet and not sure what needs to be done. US4,697,332
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

Talk to an attorney

Patents are property, but they expire, so depending on when he got them you may or may not have any valuable assets

1 Answer | Asked in Identity Theft, Internet Law and Intellectual Property for Texas on
Q: A woman stealed a photo of me and my exgirlfriend and she uses it as a profile photo in social media. I’m married?

A woman stealed a photo of me and my exgirlfriend and she uses it as a profile photo in social media to say that I’m dating her while this is a lie. In the photo I’m kissing my ex girlfriend but only my face can be seen while my ex girlfriend face is hidden. She only uses that photo. I’m... Read more »

Randy Sorrels
Randy Sorrels answered on Jun 5, 2021

If she has put you in a false light by using this photo, then you may have a claim against her. You should first ask her to remove the photo immediately (in writing) though as an alternative to filing a lawsuit.

1 Answer | Asked in Civil Litigation and Intellectual Property on
Q: Hi, should I take the 500 euros a dating app is offering me as compensation for stealing my photo and using it as an ad?

A French dating app used my photo, against its own terms and conditions as well as the law (I believe) and used it as its own marketing content, until a year ago when someone who saw it sent it to me, having recognised me in this picture. My image was the first image that appeared when one googles... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

I'm sorry this happened to you. Your post does not mention a state, or whether this took place in the United States, since you describe an overseas-based app and an overseas currency. It's understandable that you have concerns about a matter that could hold uncertainty as to how it would... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: If I were to market/sell a caffeine free energy substitute using a pouch delivery system would that be against patent?

I understand there are many products that use saliva based delivery (pouch) methods. Are all of these required to gain permission or establish patents to market and sell these types of products?

Thank you

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021

depends

consult with an attorney

you would need to look and see if there are any patents associated with that in the jurisdiction where you plan to make, sell or import

2 Answers | Asked in Intellectual Property for California on
Q: Trademark Infringements and I don't know what to do ... need to find a lawyer to hire?

above - my email is whimsymecandles@gmail.com and my telephone number is 845-797-1574. please leave a message and i will call you right back if i don't pick up. i believe i may need an attorney for this type of issue long-term. thank you!

I rec'd the following email re my... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jun 1, 2021

Correct me if I am wrong..

You have a registered trademark for Candle Therapy by Whimsyme. Someone else is trying to register a trademark for Candle Therapy, and the examiner rightly refuses registration because of likelihood of confusion. So they are threatening a fake lawsuit to push you...
Read more »

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2 Answers | Asked in Copyright and Intellectual Property for Minnesota on
Q: I resell phone cases with animetrd pictures of popular band can I be sued for copyright infringement

And does the fact that they are band is based in another country change things

Marcos Garciaacosta
Marcos Garciaacosta answered on May 29, 2021

If you do not have a license to put the band there, yes you could be sued.

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1 Answer | Asked in Intellectual Property on
Q: Product infringement case filed against us and almost 300 other online sellers

This is regarding a product infringement case filed against us and almost 300 other online sellers on different platform. This trademark is a chinese sign which was registered in september 2020. They saw a listing on our store in December 2020 and filled a case against us well. Though we got an... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 27, 2021

Depends.

Check with an attorney.

It is not clear if you have been sued or just received a cease and desist.

If it is just a C&D it may be a shake down.

If it is a lawsuit you should hire an attorney and answer the lawsuit.

If you feel it is an abuse of...
Read more »

2 Answers | Asked in Intellectual Property for Massachusetts on
Q: Can we use the term "battle bots" to describe remote control wooden "bots" that kids build at our makerspace?

Middle school kids learn engineering skills by building remote control "bots" that battle in an "arena" and have fun. We are a 501(c)(3) non-profit and do not do TV shows or compete with BattleBots TV show. We are a STEM education center. Is it trademark infringement to adopt... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 26, 2021

I would recommend you don't

Very likely to run into problems

Consult with an attorney to evaluate your situation

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