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Intellectual Property Questions & Answers
2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Does filing a provisional patent and publically disclosing my invention impede my ability to file in the EU?

Im planning on disclosing on social media. The invention is simple and may give away how I created it. I understand that EU doesnt have grace periods like USA

James L. Arrasmith
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answered on Jun 21, 2024

This is an important question regarding international patent strategy. Here's a concise answer:

Yes, publicly disclosing your invention before filing a patent application can impede your ability to obtain patent protection in the EU and many other countries.

Key points:...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Does filing a provisional patent and publically disclosing my invention impede my ability to file in the EU?

Im planning on disclosing on social media. The invention is simple and may give away how I created it. I understand that EU doesnt have grace periods like USA

David Aldrich
David Aldrich
answered on Jun 20, 2024

The EU requires "absolute novelty," so you are correct that it does not have the one year grace period we have in the U.S. Therefore, publicly disclosing your invention will impede your ability to seek patent protection in the EU. However, if you file a US provisional patent application... View More

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1 Answer | Asked in Copyright, Entertainment / Sports, International Law and Intellectual Property for Colorado on
Q: Can I link to copy-righted material on Patreon?

I have a patreon where I transcribe scenes (movies, television, video games, etc...) for actors to practice with. Would it be legal for me to add a link to a 30s-60s clip of the scene for reference if its unlisted-demonetized on youtube? Also, does the use of overseas media change anything?

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answered on Jun 19, 2024

Here are a few thoughts on linking to copyrighted content on Patreon, but please note that this shouldn't be taken as legal advice:

In general, linking to copyrighted material, even if it's unlisted and demonetized on YouTube, could still be considered copyright infringement...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Can I sue someone for stealing my app idea name color scheme even if it's not patented? How can I find out who copied it

I have the meetings I had with them recorded and have emails and the app proposal they sent me.

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answered on Jun 19, 2024

Based on the information provided, it sounds like you may have a potential case for intellectual property infringement, even without a patent. Here are a few key considerations:

1. Copyright: While ideas themselves are not protected by copyright, the specific expression of an idea (such as...
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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Am I able to print a Political yard sign with a Picture of Donald Trump and/or his Make America Great Again slogan?

If not, can I use a hand-drawn silhouette of his face?

James L. Arrasmith
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answered on Jun 19, 2024

There are a few potential copyright and trademark issues to consider here:

The "Make America Great Again" slogan was trademarked by Donald Trump for use in his political campaigns. Using it on yard signs without permission could be considered trademark infringement.

A...
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1 Answer | Asked in Business Law, Copyright, Civil Rights and Intellectual Property for Florida on
Q: as a photographer can photos of people in a public space be added to my website without the permission of the person?

as a freelance photographer, do i really need someones permission to add the pictures i take in a public setting to my website? or would this not be allowed for any reason?

James L. Arrasmith
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answered on Jun 19, 2024

As a photographer, you generally have the right to take photographs of people in public spaces without their permission. This is based on the legal principle that there is no reasonable expectation of privacy in public places. However, there are some important considerations and potential... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Massachusetts on
Q: How do I copywrite and trademark the Flying Yankee name?
James L. Arrasmith
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answered on Jun 19, 2024

To protect your intellectual property for the name "Flying Yankee" in Massachusetts, you'll need to pursue both copyright and trademark protection. Here's a guide:

Copyright:

1. In the United States, copyright is automatically granted to original works upon...
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1 Answer | Asked in Business Law, Copyright and Intellectual Property for California on
Q: Company owns the right for a Dodgers mural, is company allow to merchandise (t-shirt) the mural w Dodgers in it.

Company paid Artist for the mural. Contract states work is own by the company. Company wishes to merchandise the Mural image, (t shirts, postcards, keychain). The mural contains a Dodger player. Is the company allow to Merchandise, or company need license form MLB team.

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, there are a few key legal considerations:

1. Copyright ownership: If the contract clearly states that the company owns the rights to the mural, then the company likely holds the copyright to the artistic elements of the mural created by the artist....
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2 Answers | Asked in Intellectual Property on
Q: Infringement on "VIRGIN" intellectual Property Rights by Virgin-Plus

I operate under the name Virgin Plus Printing Company. Recently, I received a letter from a lawyer representing Virgin Group, demanding that I change my company's name due to infringement. They have requested this change without offering any compensation. My company has been established since... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's an analysis of your situation and some advice on how to proceed:

1. Trademark Infringement:

The Virgin Group likely claims that your use of "Virgin Plus" infringes on their "Virgin" trademark. They may argue that it...
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2 Answers | Asked in Intellectual Property on
Q: Infringement on "VIRGIN" intellectual Property Rights by Virgin-Plus

I operate under the name Virgin Plus Printing Company. Recently, I received a letter from a lawyer representing Virgin Group, demanding that I change my company's name due to infringement. They have requested this change without offering any compensation. My company has been established since... View More

Alan Harrison
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answered on Jun 19, 2024

It would take a substantial amount of time to assess your options how to proceed. For example, regardless of your business name, what services or products do you offer? This is important because your goods or services should be compared to the goods or services for which VIRGIN is a registered... View More

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1 Answer | Asked in Intellectual Property, International Law and Internet Law for California on
Q: The film festival refused to remove information about my film when I asked them to.

On the website of the European Film Festival there is information about my film, which I submitted to the competition. The film was not shown at the film festival, but information about the film is on the website. I asked to remove information about the film from the film festival website, but they... View More

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answered on Jun 18, 2024

Under California law, the film festival's refusal to remove information about your film from their website when you requested them to do so could potentially be addressed through a few different avenues:

1. Publicity rights: In California, individuals have the right to control the...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: How can you find out if a patent is being used?

I'm interested in if or where xx 4 patents are being used?

James L. Arrasmith
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answered on Jun 16, 2024

To determine if a specific patent is being used, you can follow these steps:

1. Search for the patent: Use the inventor's name (Louis E Swinney) and the patent numbers (if known) to search for the patents on the United States Patent and Trademark Office (USPTO) website or Google...
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Q: Do I need the list all ingredients in a hair growth oil that only contains essential oils?

I want to sell a hair growth formula I created. It is a blend of 5 essential oils. I want 3 of them to be kept private. The reason for this is because this specific formulation and combination of oils is currently not on the market and I would like to keep my unique formula protected. Would I be... View More

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answered on Jun 15, 2024

When selling a hair growth oil, you generally need to comply with cosmetic labeling regulations, which typically require listing all ingredients on the product label. This ensures transparency and helps consumers make informed choices, especially if they have allergies or sensitivities.... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If a song was written for a film, and that film lapsed into the public domain, is the song public domain now too?

For an example, there's a Warner Brothers cartoon from 1932 called "The Shanty Where Santy Claus Lives." Warner Brothers never renewed copyright on the cartoon, so now it is public domain. But could an artist perform a cover version of the title song from the cartoon without paying... View More

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answered on Jun 15, 2024

Even if a film has entered the public domain, this does not necessarily mean that all of the creative elements within the film, such as songs, are also in the public domain. Songs and musical compositions can be separately copyrighted from the film itself.

In the specific example you...
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2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Is using 2 words out of a 4 word trademark infringement?

Trademark: The Mom Walk Collective

Intended use of Mom Walk:

(my city)Mom Walk

(City) Mom Walk Club

James L. Arrasmith
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answered on Jun 15, 2024

Using two words out of a four-word trademark could potentially be considered infringement, depending on how distinctive and recognizable the original trademark is. The Mom Walk Collective may argue that "Mom Walk" is a significant part of their brand identity, and using it could confuse... View More

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3 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: I'm a videographer and a client has requested I edit a video for them. They are playing Minecraft.

And they want me to put together a montage for them from their gameplay. Is it illegal to edit for them since they don't own the video game itself? Thanks!

James L. Arrasmith
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answered on Jun 15, 2024

Editing a Minecraft gameplay video for a client is generally not illegal, as long as the video adheres to Mojang's (the developer of Minecraft) guidelines for using Minecraft content. Mojang allows players to create and share video content based on Minecraft, with some limitations:

1....
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3 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: I'm a videographer and a client has requested I edit a video for them. They are playing Minecraft.

And they want me to put together a montage for them from their gameplay. Is it illegal to edit for them since they don't own the video game itself? Thanks!

Alan Harrison
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answered on Jun 15, 2024

The video montage most likely would be considered as an infringing derivative of the copyright audiovisual work (the game). This could result in a DMCA takedown notice. It's equally or more likely that the videogame producer would appreciate the publicity for their product (assuming the... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: I see that the name Sincity deciples has been abandon. What would need to be done to reclaim it.
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answered on Jun 14, 2024

Reclaiming the name "Sincity Deciples" involves a few steps to ensure you can legally use it. First, check with the U.S. Patent and Trademark Office (USPTO) to see if the name is currently trademarked. If it has been abandoned, you may be able to file a new trademark application for it.... View More

1 Answer | Asked in Intellectual Property and Trademark on
Q: my product trademark same as someone's company name?

I have come up with a brand name for my product, to be sold on Amazon. There is company with the same name, but not a product name, just their company name. (They are an artist showcase website) If I use this name on my product, could they come after me?

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answered on Jun 13, 2024

Using a brand name that matches someone else's company name can be risky, even if they operate in a different industry. Trademark law aims to prevent confusion among consumers, and using the same name might lead to legal issues if the company believes your product could cause such confusion.... View More

1 Answer | Asked in Intellectual Property and Copyright for Florida on
Q: Can i do a parody video on youtube using a Beatles song changing the lyrics
James L. Arrasmith
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answered on Jun 13, 2024

Creating a parody video using a Beatles song with altered lyrics can be tricky due to copyright laws. Parody is often protected under fair use, but it needs to be clear that the work is a parody, commenting on or criticizing the original in some way. Simply changing the lyrics without this context... View More

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