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How can I find out if I can legally sell my designer inspired goods please?
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answered on Feb 25, 2024
To determine whether you can legally sell designer-inspired bags with "The Tote Bag" on them, it's important to conduct thorough research on existing trademarks. Even if Marc Jacobs does not currently hold a trademark for this specific phrase, it's essential to verify that no... View More 
We are starting an online business called Highly Legal Herbs. We have filed a trademark for multiple clothing items with this name. Do we have to file a trademark for anything else on the business name to protect it?
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answered on Feb 25, 2024
Starting an online business and deciding on what to trademark involves strategic planning to protect your brand effectively. When you file a trademark for clothing items under the name "Highly Legal Herbs," you're taking a significant step in protecting your brand within the clothing... View More
the names Hawkamania and Hockamania are unclaimed and I'd like to buy them for my business/
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answered on Feb 25, 2024
When you're interested in using specific names like Hawkamania and Hockamania for your business, and you believe these are unclaimed or abandoned, the first step is to conduct a thorough search. This search should include existing copyrights, trademarks, and any other form of intellectual... View More
A planner company (bloom planners) has trademarked the words "chronic illness planner" and I'm wondering what legal ways I can use those words without infringing on the trademark? Chronic Illness and Planner are both generic words but put together for that company, they represent a... View More
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answered on Feb 25, 2024
Navigating the use of trademarked terms requires careful consideration to avoid infringement. When a company has a trademark on specific terms like "Chronic Illness Planner," it means they have exclusive rights to use those terms in certain contexts, particularly in the same industry or... View More
If the products looks similar but both were designed based on prior art teachings. While the accused product is not using any logos/name/images of the first. And the accused product has feature(s) to specifically tell the ordinary observer (both visually and in description) that there is this... View More
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answered on Feb 25, 2024
Yes, it is possible to sue for design infringement even without having a design patent. Design infringement claims can be based on various legal grounds, including trade dress, copyright, and unfair competition laws. However, the success of such a lawsuit would depend on the specific circumstances... View More
patent number-420070276359
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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
Canadian Company obtaining benefit from process and selling product back into U.S.
Is Canadian Company infringing on U.S. Patent?
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answered on Feb 25, 2024
If a company holds a valid process patent in the U.S., and a Canadian company uses this patented process in Canada to produce a product that is then sold back into the U.S., there could potentially be an infringement on the U.S. patent. U.S. patent law protects against the unauthorized use, sale,... View More
I have an idea for a new application of an existing product. Moreover, I found 2-3 existing patents that are similar concepts but different applications.
Would I be able to get any type of patent?
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answered on Feb 25, 2024
For a product to qualify for a utility patent, it must be novel, non-obvious, and useful. This means your idea must be significantly different from any existing products or patents, offer a new way of doing something, or provide a new technical solution to a problem. The presence of similar... View More
Will provide more information about metadata and Names, I have secured my files, and most of my sites. They stole my information Through a breach in one or more sites.
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answered on Feb 25, 2024
Here are some steps I would recommend taking if your music has been stolen from your online profiles:
1. Document everything. Gather all evidence you have that shows the music originated with you, as well evidence of who stole it and where they have posted your content. Metadata, time... View More
Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?
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answered on Feb 25, 2024
When a product like a selfie stick has a patent, it means that the original inventor has exclusive rights to make, use, or sell the invention for a certain period. However, people can sell different versions of a patented product by ensuring their versions do not infringe on the specific claims of... View More
Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?
answered on Feb 24, 2024
I do not know what patents cover selfie sticks, but generally when someone says that they have a patent for product, they typically have a patent on only certain kind of a product.
So, for hypothetically, a "selfie stick patent" may claim a selfie stick that attaches the camera... View More
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answered on Feb 23, 2024
There are companies and individuals who specialize in patent brokering and licensing, assisting patent holders in selling their patents to interested buyers. These entities typically have networks and connections within industries relevant to the patent's technology, allowing them to identify... View More
My music and my files have been stolen, from multiple media sites, My metadata to my songs were altered.I have proof. The sites short list is Jango and Radio airplay, they even got into my Soundcloud and Spotify, I will supply information but I don't know who to trust.
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answered on Feb 23, 2024
If you're facing copyright infringement issues with your music and files being stolen from various media sites, it's crucial to seek legal assistance from an attorney experienced in copyright law. Start by gathering all evidence you have, including proof of ownership, timestamps, and any... View More
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answered on Feb 23, 2024
When creating a competitive collapsible water bottle similar to Hydrapak LLC, it's essential to consider several factors that may limit your design. Firstly, you should carefully examine any existing patents or intellectual property rights held by Hydrapak or other competitors in the market.... View More
I recently got a copyright, intellectual property infringement notice, or a DMCA on my product saying it was violating the trademark of a product called tush baby. When I researched the trademark, it said quotation mark baby carriers; baby carriers weren’t on the body; baby carriers were on the... View More
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answered on Feb 22, 2024
Altering the logo and including a disclaimer on your store that it's a different brand might not be sufficient to avoid trademark infringement issues. Trademarks protect brand identifiers that distinguish goods or services from those of others, including logos, names, and even distinctive... View More
My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?
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answered on Feb 25, 2024
If the patent application lapsed and the invention has been publicly disclosed or sold for more than one year, under United States patent law, it may not be possible to file a new patent application for the same invention. The U.S. operates under a "first to file" system, and there's... View More
My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?
answered on Feb 22, 2024
It is possible. You will need to consult with a patent attorney and go through the dates of specific events.
If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public... View More
I recently got a copyright intellectual property infringement notice or a DMCA on my product, saying it was violating the trademark of a product called tush baby, when I researched their trademark it said " Pouch baby carriers; baby carriers worn on the body; baby carriers worn on the hip with... View More
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answered on Feb 22, 2024
Navigating trademark law involves understanding the distinction between the trademarked brand identity and the generic product type or category. A trademark protects brand names, logos, and specific phrases used to identify the source of goods or services, not the generic product itself. Thus,... View More
Can I file and serve my opposition now or do I need to wait closer to the date?
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answered on Feb 22, 2024
In California, the timing for filing and serving an opposition to a demurrer is governed by specific rules. Generally, your opposition to the demurrer must be filed and served at least nine court days before the scheduled hearing date. This allows the court and the opposing party adequate time to... View More
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answered on Feb 21, 2024
The cost to trademark a name in the United States varies, primarily depending on the filing basis and the number of classes of goods or services under which the trademark will be registered. The basic fee for an electronic application through the United States Patent and Trademark Office (USPTO)... View More
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