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Maryland Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Maryland on
Q: Writing a song based off another

I'm writing a song but it's based off another 90% words have been change composition and meaning could they sue me?

James L. Arrasmith
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answered on Sep 14, 2023

If you've substantially changed the lyrics, composition, and meaning of the song to create something new, it's less likely to be considered copyright infringement. However, whether a lawsuit can be brought against you would depend on the specific details and nuances of your song and the... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: Is the following application able to be patented:

Device for Hygienic Extraction of an Acne Related Impaction

Publication number: 20110087239

James L. Arrasmith
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answered on Sep 11, 2023

Determining whether a specific invention can be patented involves a detailed analysis of the patentability criteria, including novelty, non-obviousness, and utility. You can check the current status of a patent application through the United States Patent and Trademark Office (USPTO) website using... View More

3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: I have a idea for a fishing accessory idea that I'd like to make.

I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 21, 2023

Did you search for other fishing accessories that use the same concept even if the item is not identical? To be awarded a patent, one must pass through several filters. While being new is a filter, the harder one is being non-obvious. The latter test asks whether someone with access to all... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: I have a idea for a fishing accessory idea that I'd like to make.

I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has

David Aldrich
David Aldrich
answered on Aug 24, 2023

You should contact a qualified patent attorney directly (this is just an anonymous question forum), and they can help you conduct a search and review of the relevant prior art. Even if you don't see the product in the marketplace, there is often relevant prior art in the form of earlier... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: I have a idea for a fishing accessory idea that I'd like to make.

I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has

James L. Arrasmith
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answered on Sep 11, 2023

If you believe your idea is unique and has not been previously disclosed or patented, the next step could be to document your invention thoroughly, including potential designs, uses, and benefits. It might be advisable to consult with a patent attorney to explore whether patent protection would be... View More

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2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Q: How do I purchase the rights to a trademark?
Mark Oakley
Mark Oakley
answered on Jul 3, 2023

If somebody already owns and has registered the trademark you want, then you will have to purchase the trademark from the owner, who then assigns it to you under the purchase contract; or you can lease the use of the trademark from the owner.

If the trademark you want to use is not...
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2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Q: How do I purchase the rights to a trademark?
Felicia Altman
Felicia Altman
answered on Jul 3, 2023

In order to find out if you are able to receive a license to use someone else's trademark or make an offer to buy a transfer you should contact a trademark attorney. If the parties mutually agree in the transfer an assignment will need to be filed with the USPTO.

If you would like to...
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2 Answers | Asked in Business Formation, Contracts, Trademark and Intellectual Property for Maryland on
Q: I’d like to trade mark “Train Like A Freak.” I’d like to trademark it as a “lifestyle” slogan for serious gym goers

Thru Proper nutrition and exercise. What would it cost (in total) in general to attain this trademark?

Thank you kindly for your time in this matter

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 24, 2023

The law prevents attorneys from "price fixing" or agreeing to charge a uniform fee for services so this is not the place to get an answer on fees. That said, I can understand your desire to get a sense of what costs might be involved before you retain an attorney. Some firms might... View More

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2 Answers | Asked in Business Formation, Contracts, Trademark and Intellectual Property for Maryland on
Q: I’d like to trade mark “Train Like A Freak.” I’d like to trademark it as a “lifestyle” slogan for serious gym goers

Thru Proper nutrition and exercise. What would it cost (in total) in general to attain this trademark?

Thank you kindly for your time in this matter

James L. Arrasmith
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answered on May 2, 2023

The cost of obtaining a trademark for "Train Like A Freak" would depend on various factors, such as whether you hire an attorney or file the application yourself, the number of classes of goods or services you apply for, and the potential challenges or oppositions to your application.... View More

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1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: I own a collection of action figures (superheroes, Godzilla, ect.) Can I use photos of them to make t-shirts or posters?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

Use of trademarked and copywrited products and characters in other products for sale is not permitted and will subject you to possible lawsuits and damages which will include forfeiture of all profits from such sales, payment of attorney's fees and court costs, plus possible punitive or... View More

1 Answer | Asked in Copyright and Intellectual Property for Maryland on
Q: I have a question regarding U.S. Copyright.

I have a question regarding U.S. Copyright.

I have a work that is written in English.

Let's say I translate that work into some other languages using Google Translate or some other online translation service and I edit a little bit to make the translation better.... View More

Mark Oakley
Mark Oakley
answered on Jul 25, 2022

The person who wrote the words originally, in its original language, is the copyright owner. The translation performed by Google Translate is a free translation service subject to whatever terms of use are written in the Google terms of use provisions. Your minor edits do not convert what (a)... View More

2 Answers | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Maryland on
Q: Can I receive settlements from businesses?

I am a freelance model , I post most of my work on my social media accounts and run that as my business page as well . For years small brands and large cooperations use and manipulate my images into business logos , promotional marketing and evening jewelry and interior design products . Can I... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2021

You need to retain local counsel to set up the right corporate entities for you, then have an intellectual property attorney set up the appropriate protections for you. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely... View More

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1 Answer | Asked in Intellectual Property for Maryland on
Q: How do I get a title for a a bonded vehicle on my property
Mark Oakley
Mark Oakley
answered on Dec 13, 2020

Review the following code section, then gather your information and documents and go to the MVA:

https://govt.westlaw.com/mdc/Document/NB1E2AD109CE811DB9BCF9DAC28345A2A?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

2 Answers | Asked in Copyright, Education Law and Intellectual Property for Maryland on
Q: I have a question which involves the rights to intellectual property as teacher in a private grade school.

I was a high school teacher and created about 50 powerpoint lessons in the school's drive. The school locked me out and will not share my powerpoint lessons. I am of course very upset over this. I spent days on one powerpoint alone. The school would not suffer any harm by sharing my lessons... View More

Mark Oakley
Mark Oakley
answered on Oct 8, 2020

You may find this article informative on the subject, although it does not address any special statutory or other law in Maryland that may vary from the basic principal that a work made in the course and within the scope of employment generally belongs to the employer:... View More

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2 Answers | Asked in Civil Rights, Federal Crimes, Intellectual Property and Social Security for Maryland on
Q: I received an email about because I got a notice of le a legal proceeding should I take it seriously

Case File : PS0103019

Court House Address- -United States District Court 500 Pearl Street, New York, NY 10007.

Lawsuit Cost - $4526.65(Including Attorney Fee/Court Fee/All Taxes)

Last Date to File Lawsuit - July 28th 2020.

Attorney Name- Paul Smith (Sr. Attorney in... View More

Mark Oakley
Mark Oakley
answered on Jul 28, 2020

It's a scam. Ignore it.

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2 Answers | Asked in Intellectual Property and Trademark for Maryland on
Q: Can I include an already trademarked name of a business in my url?

I am creating an online course about selling on Amazon and my sharing my personal experience and tips to students. I do not sell any physical products that Amazon.com sells. I am only selling a digital product that I created on my own. The digital product is to educate other people how to start... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 10, 2020

That is the fastest way to get a complaint and maybe a proceeding that will take your domain name.

Try something else.

Consult an attorney.

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1 Answer | Asked in Intellectual Property and Trademark for Maryland on
Q: What could I do, if I have proof that I designed Cloud hosting, before AWS was released.

I've been going through my old notebooks from when I was 7 (2007-2008), and there's a full 50 page on my own design and ideas for a cloud hosting service. I have flowcharts, pricing models, and even a market outlook.

Mark Oakley
Mark Oakley
answered on Mar 11, 2020

Lots of people dream up big ideas and never act on them, then someone else comes up with a similar idea on their own and implements it. What can you do about it? Nothing. Ideas can’t be patented, and if you fail to bring an idea to market or fruition as a product or service, you can’t claim the... View More

1 Answer | Asked in Intellectual Property and Real Estate Law for Maryland on
Q: my water bill is to high and no one lives on the property, water is shut at the meter

no one lives on my property and I have a bill for over 1000 dollars I have anothet property same city and also no one lives there and also to high, what I can do?

Richard Sternberg
Richard Sternberg
answered on Feb 23, 2020

A lawyer is unlikely to be useful for a $1,000 bill, because the benefit will not justify the cost. Try calling the water company. It sounds like a leak to me, and WSSC down here usually adjusts bills that accrued due to a leak. Don't ignore it. It will only get worse, and the water bill runs... View More

1 Answer | Asked in Copyright, Business Law and Intellectual Property for Maryland on
Q: I am starting my own business. I came up with the name in 2008, but there's a 2017 tv show with the same name...

I invented the name for my business back in 2007-2008 and want to use this name as I am starting my own consulting business. However, in 2017 there was a documentary/TV series created with the same name. Is this copyright infringement if I go forward using the name I'd come up with? It's... View More

Mark Oakley
Mark Oakley
answered on Jan 2, 2019

As long as you are not creating written or media pieces (film) with the name as a title (assuming the name is unique and identical to the TV show) then there is probably neither copyright nor trademark infringement. But without reviewing the specific title and nature of your business it is... View More

2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Q: Is it legal for me to use “Fruit Loops” as a flavor?

I own a CBD brand and we sell terpene infused vape pen cartridges. One of our flavors is “Fruit Loops”. We own the image on our packaging but I’m curious if the use of the term violates any trademark/patents owned by Kellogg’s. Thanks so much!

Mark Oakley
Mark Oakley
answered on Nov 17, 2018

Almost certainly your use violates their trademark, and the penalties for exploiting their trademark for commercial gain to sell your product are severe (you not only pay all of their attorney's fees, but penalties and forfeiture of all profits earned as a result). Kellogg's will hire... View More

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