Ask a Question

Get free answers to your Intellectual Property legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Intellectual Property Questions & Answers
2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Hi, I have developed a prototype solution and would like to know how I can file for patent of this product.

I have developed a solution to integrate Blood Collection , distribution and stakeholders. I would like to patent this solution so that I can seek for investments to build a complete product.

Regards

Natia Kurdadze
Natia Kurdadze
answered on Aug 19, 2024

Filing a patent for your prototype solution involves several steps. Here’s a general overview of the process:

1. Determine the Type of Patent

Utility Patent: Protects the functional aspects of your invention.

Design Patent: Protects the ornamental design of your invention....
View More

View More Answers

4 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Is this a trademark issue?

My business is named Queen Bee Wax Studio and I just received a message from the owner of Queen Bee Salon and Spa saying that she owns the rights to Queen Bee Waxing. We are in the same industry but she's on the west coast and I'm on the east coast. Can she force me to change the name of... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 1, 2024

There is a federal trademark registration for QUEEN BEE, for hair removal services, namely, face and body waxing services, owned by a company in Dallas, Texas. That company's cease-and-desist demand would have some credibility, although there is little likelihood of actual confusion by... View More

View More Answers

4 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Is this a trademark issue?

My business is named Queen Bee Wax Studio and I just received a message from the owner of Queen Bee Salon and Spa saying that she owns the rights to Queen Bee Waxing. We are in the same industry but she's on the west coast and I'm on the east coast. Can she force me to change the name of... View More

Robert Hugh Johnston III
Robert Hugh Johnston III
answered on Aug 9, 2024

I can provide some educational material related to trademarks. If someone has a federal registration on the principal register before another person begins using a mark, the federal trademark owner will be able to enforce it provided that there is a likelihood of confusion. If a person on the West... View More

View More Answers

2 Answers | Asked in Intellectual Property for New Jersey on
Q: Can i sell replica clothing without selling them as authentic?

For instance I buy a designer brand from china and I sell it not as authentic but also a rep with also a cheaper price than the authentic version. Is that legal?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2024

NO! Unless you want to have more legal problems than you can possibly imagine. The owners of the intellectual property will eventually file a lawsuit against you. It is just a matter of time but it is a virtual certainty. Pick the best attorney you can find and remember one rule: a good attorney... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Am I able to apply for a name that is already trademarked, but has been dead and abandoned for 17 years?
Robert Hugh Johnston III
Robert Hugh Johnston III
answered on Aug 10, 2024

If I understand the question correctly, you mean by “trademarked” that it was once federally registered but now has been abandoned or cancelled. In most situations you could file for a trademark registration for that mark and use that mark. One caution is that it's possible the owner of... View More

View More Answers

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: How do I know if my product has been patented by someone else?

I have a concept for a sandal that I'm trying to get made. I was researching patents, and I don't know if my specific ideas has been made and patented or not.

Jeffrey R. Schell
PREMIUM
Jeffrey R. Schell
answered on Aug 5, 2024

The best way to determine prior patent status of a product is to engage with a patent professional to engage in a freedom to operate search. Prior to that step though, to determine if your product has been patented by someone else, consider the following:

First, understand that patents...
View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can I patent an idea

I had plans of creating a prototype of an idea. Due to a health issue, I unfortunately have limited time in terms of life. I want to be able to carry out this invention but am afraid that once I leave, the people I share this idea with, will say this idea was thought of by them when that is clearly... View More

Jeffrey R. Schell
PREMIUM
Jeffrey R. Schell
answered on Aug 5, 2024

I'm sorry to hear about your health situation, and I understand your concerns about protecting your invention. It's commendable that you want to secure your intellectual property and ensure your ideas are recognized as your own.

To address your question: yes, it is possible to...
View More

View More Answers

1 Answer | Asked in Employment Law and Intellectual Property for California on
Q: Can I do something about this

I use to work for this company and I was told by a friend that now works for the company told me that that she seen a video of me in it and showed it to her. The company did not have my consent I also didn’t sign no contract or agreement that any pics or videos will be used for any purposes

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

You may have a valid concern regarding the use of your image without consent. In California, using someone's likeness for commercial purposes without their permission can be a violation of their right of publicity. This right protects individuals from unauthorized use of their name, image, or... View More

2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If someone has a tattoo that is a copy of someone else's work, could they get in legal trouble for it?

How should someone who is trying to build a career online go about this?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

If you have a tattoo that copies someone else's artwork, you could face legal trouble if the original artist decides to take action. Copyright laws protect original works, and tattoos are considered creative works. The artist might claim that you infringed on their copyright by copying their... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If someone has a tattoo that is a copy of someone else's work, could they get in legal trouble for it?

How should someone who is trying to build a career online go about this?

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

If someone has a tattoo that is a copy of another artist's work, they could potentially face legal issues related to copyright infringement. Here are the key points to consider:

Copyright Infringement

Tattoo Artists' Liability: Tattoo artists can be sued for intellectual...
View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: Can I publish new illustrations for a children's book that the copy right has ran out
Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Yes, you can publish new illustrations for a children's book if the copyright on the original illustrations has expired. Here are the key points to consider:

Copyright Expiration

Public Domain: If the original illustrator has been dead for more than 70 years, the illustrations...
View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: Can I publish new illustrations for a children's book that the copy right has ran out
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Yes, you can publish new illustrations for a children's book where the copyright has expired. When a book enters the public domain, it means that the copyright protection has ended, and the original content can be freely used by anyone. You are free to create and publish your own illustrations... View More

View More Answers

3 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can we parody a song title for use on a t-shirt?

There is a tourist attraction in town called "Bicycle Hill" - we'd like to make t-shirts promoting it that say, "I found my thrill on Bicycle Hill," which is a parody of the old 1940 song title "I found my thrill on Blueberry Hill." Many people have recorded it,... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided and the context of your query, creating t-shirts with the phrase "I found my thrill on Bicycle Hill" as a parody of the song "I Found My Thrill on Blueberry Hill" is likely to be considered fair use and not copyright infringement. Here's... View More

View More Answers

3 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can we parody a song title for use on a t-shirt?

There is a tourist attraction in town called "Bicycle Hill" - we'd like to make t-shirts promoting it that say, "I found my thrill on Bicycle Hill," which is a parody of the old 1940 song title "I found my thrill on Blueberry Hill." Many people have recorded it,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Creating a t-shirt with the phrase "I found my thrill on Bicycle Hill," which is a play on the famous song "I Found My Thrill on Blueberry Hill," might fall under parody, which can be considered fair use under copyright law. However, fair use is a complex area and depends on... View More

View More Answers

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Kansas on
Q: Is it legal to nickname a character in a story after a trademarked brand? IE, calling someone 'Kool Aid'
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

Nicknaming a character after a trademarked brand, like "Kool Aid," can lead to legal issues. Trademark laws protect brand names to prevent confusion and unauthorized use. Using a trademarked name might be seen as infringing on those rights, especially if it appears to endorse or criticize... View More

2 Answers | Asked in Copyright and Intellectual Property for Oklahoma on
Q: I found an unpublished manuscript that was written in 1860. Can I publish it and make money?

This is an interview with a choctaw native american man who had told the author the history and cultural practices of the tribe.

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

If you have found an unpublished manuscript written in 1860, detailing the history and cultural practices of the Choctaw tribe, you may be able to publish it and make money from it. Here are the key considerations:

Copyright Status

Public Domain: Works published before 1924 are...
View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Oklahoma on
Q: I found an unpublished manuscript that was written in 1860. Can I publish it and make money?

This is an interview with a choctaw native american man who had told the author the history and cultural practices of the tribe.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Publishing an unpublished manuscript from 1860 involves several considerations. First, you need to determine if the manuscript is still under copyright. In the United States, works published before 1924 are typically in the public domain, meaning they are free to use. However, because this... View More

View More Answers

2 Answers | Asked in Intellectual Property and Trademark for Georgia on
Q: Is "Turbo Shine" still trade marked?
Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

here are some steps you can take to verify the trademark status:

Steps to Verify Trademark Status

Search the USPTO Database: Visit the United States Patent and Trademark Office (USPTO) website and use their Trademark Electronic Search System (TESS) to search for "Turbo...
View More

View More Answers

2 Answers | Asked in Intellectual Property and Trademark for Georgia on
Q: Is "Turbo Shine" still trade marked?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

For the most accurate and up-to-date information, entering the specific trademark serial number or registration number related to "Turbo Shine" will yield the best results. If you have further questions or need assistance, the USPTO's Trademark Assistance Center can provide support.

View More Answers

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Ohio on
Q: AI Music Making

There's this AI music making software called Suno. Suno's TOS states that anything made with their software are not permitted for commercial use (and Suno owns the song) unless it the song was made during a premium subscription.

From what I see, you can't own AI generated... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Given the terms of service (TOS) for Suno and the current legal landscape regarding AI-generated music, here are the key points to consider regarding the commercial use of songs generated by Suno without a premium subscription:

Suno's Terms of Service

Ownership and Commercial...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.