Without knowing more, I'd say that it is unlikely but possible. If your invention doesn't change and improve an existing thing, then you'd only be looking at patenting a method to do something useful or to make something. If the method of using the existing thing is new, useful and...Read more »
This is not legal advice, but an informal glance at U.S. Trademark Office records suggests that there are over 100 pending applications or active registrations using the phrase "BE KIND" as a mark or as part of a mark.
Numerous factors are considered in determining whether a mark...Read more »
You can perform a search on the USPTO website for registered trademarks. Note however that trademarks may accrue common law rights prior to registration so it is also important to work with an attorney to perform a clearance search to determine if there any other trademarks in use that may be...Read more »
It is possible to use a trademark so long as there is no likelihood of confusion between the trademarks and the marks are not being used in the same or related class/categories. However, it is still important to ensure that neither the trademark owner nor any other person is using the trademark in...Read more »
Hi, student from Michigan. I'm considering starting a nonprofit project where we rewrite published free, publicly accessible scientific articles in simple language and re-publish them on the Web through our own website (freely available of course). I was wondering whether this counts as fair... Read more »
l want to inquire about the possibility of registering a joint name i.e. "PETER and PAUL". I would like the use both names to label my product or would either use PETER or PAUL separately for the same category of product. Is this allow in U.S trademark law.
Generally speaking, you may use the trademark you choose so long as it complies with trademark law, ie. it is not confusingly similar to another trademark in the same or related class/category or misleading, etc. However if you register a trademark, you should use that trademark with the spelling...Read more »
Getty Images has an embed feature where one can embed a photo into their website for free. If I make a private Google Site, embed a photo, and then screenshot that photo (from the Google Site), is it OK to include it in a non-commercial post on Instagram, or do I have to obtain a license for the... Read more »
Not really. except for certain streaming music licenses, copyrighted work does not require a compulsory license, and so if the copyright holder does no want to work out a license to you, they are under no obligation to do so.
She can and did do this without your signature. It sounds like your car title was an "or" title. This type of title would allow either one of you to trade or sell the vehicle without the signature of the other. It is very unlikely that you will be able to get the car back from the...Read more »
While some people do purchase rights to use a trademark from trademark owners, if the mark is not being used by anyone, then the right to exclusively use a trademark is acquired through use for goods and services. Before filing for registration of a trademark, it is important to determine whether...Read more »
You have rights but your damages depend on whether you registered the songs with the US Copyright office prior to their unauthorized publication. In any event, a cease and desist letter and demand for damages will Be your First course of action. If you would like assistance with this feel free to...Read more »
I am looking to write a musical and I would love to write a musical based on the cartoon Danny Phantom. I noticed that there is a trademark on Danny Phantom. So I was curious if I could use the name Danny Phantom and attach Musical to it, while also using the likeliness of characters in the... Read more »
The biggest thing that you have to worry about is probably copyright because you would be making a derivative work by making a musical. Viacom has the registration for the show, and when you adapt and derive content from one medium into another, you need a license from the respective owner(s)....Read more »
Patents are often a mix of independent claims (that start from scratch) and dependent claims (that add something to an independent claim or to a chain of an independent claim and one or more dependent claims).
Often what is added in a dependent claim seems trivial. Here is an example to...Read more »
The general rule is that developing a prototype is not immune from patent infringement. I have seen a suit against a university for doing qualification tests of a new device that arguably infringed a patented method.
As a practical matter, it is unlikely that a patent owner will know or...Read more »
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