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Maryland Intellectual Property Questions & Answers
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... Read more »

Leonard R. Boyer
Leonard R. Boyer 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... Read 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... Read 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:... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

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Q: Is it legal to get data base off of a local gov't website

It would be to create a business with the information obtained

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 18, 2018

Many government websites make information readily available for search but have a disclaimer that the information cannot be harvested by an auto-bot, software programs, etc. Harvesting an entire database is probably not going to fly, but without knowing what database you are trying to access, one... Read more »

1 Answer | Asked in Intellectual Property for Maryland on
Q: I'm operating a new business and someone, who is a known harasser

in our community just informed me she took at a trademark in my business name. Do I have any chance of fighting this - she's doing it because she doesn't like me.

Mark Oakley
Mark Oakley answered on Jun 29, 2018

As long as you were already using the name before she took out the trademark then she can’t stop you using the name, if that is your concern.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Maryland on
Q: Current status of Patent

Patent #7,998,476 B2

Kevin E. Flynn
Kevin E. Flynn answered on May 30, 2018

PAIR shows this case as alive and the fees were paid at 3.5 years so next fee window opens 8/16/2018.

I hope this helps.

Kevin E Flynn

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Maryland on
Q: Hello, when do I need to renew my patent?
John Espinosa
John Espinosa answered on May 28, 2018

Here is a helpful resource: https://www.uspto.gov/patents-maintaining-patent/maintain-your-patent

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Maryland on
Q: Can I include a claim based on an old expired provisional patent application into a new application

The specification for the new application does not mention the concept on which the claim is based.

The old provisional application was authored by the same person as the new application.

The new application is based upon first to invent.

Kevin E. Flynn
Kevin E. Flynn answered on Mar 14, 2018

If you are seeking to file a patent application to claim something in a provisional application by some other inventor -- that does not work as you need to be the original inventor. You cannot file a patent application on a good idea that someone else had -- even if they did not seek to claim that... Read more »

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1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark for Maryland on
Q: Question about registering a legal entity in the software industry using a well known trademark.

Hi,

I am a mobile application developer, specializing in app development for Apple’s iOS platform. The trademark “iOS” is owned by Cisco and leased to Apple for their mobile operating system.

With that in mind, can I register an LLC or a DBA using iOS as part of my legal... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Feb 14, 2018

In my opinion, your proposed idea is not a prudent one and could very well be a costly one.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Maryland on
Q: With a Provisional Patent; What are next steps to keep secure while shopping invention?

I have a gaming/dining table I am marketing with the provisional patent in place. What what be the best moves to make next in terms of trade secrets, non-competition agreements, non-disclosure, copyright, etc.?

Kevin E. Flynn
Kevin E. Flynn answered on Nov 28, 2017

You need to get connected with an attorney that has been down this road many times before. You will need a non-disclosure/non-use agreement that is used with folks that are given access to your design.

To the extent that you work with vendors to improve your design, the paperwork needs...
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Q: I want to file an international patent; what are specific procedures and requirements?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 18, 2017

There is not really an international patent. There is a process to file a patent application which serves as the front end for the patent application systems for 152 countries or regions http://www.wipo.int/pct/en/pct_contracting_states.html. This is a Patent Cooperation Treaty Application (PCT).... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Maryland on
Q: When filing an patent; what are specific differences relating to an improvement on an invention vs. an invention?

I have made an invention that can simply be completed by altering any type of table; end result being a what I'd term as an improvement on dining and gaming tables. I did not invent dining, gaming, or the combination of the two. However, I did invent without using any prior as inspiration,... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 18, 2017

Great question.

Here are some points to consider.

1) It is extremely rare that someone submits a patent application for the first x (first transistor, first airplane, first telephone). We remember those folks as they are few and far between. Most patent applications are filed on...
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1 Answer | Asked in Intellectual Property, Real Estate Law and Tax Law for Maryland on
Q: What does etal mean after a persons name on property tax bill
Benton R Patterson III
Benton R Patterson III answered on Aug 7, 2017

It usually refers to additional owners other than the first named owner. For example, if a property was owned jointly by Abe, Bill, and Charles, the bill may say Abe, et al.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Maryland on
Q: i created a t-shirt that went viral and is now being copied on multiple websites. what can i do?

the shirt says "Dear Racism, I am not my grandparents. Sincerely, These Hands."

Griffin Klema
Griffin Klema answered on Jun 11, 2017

First things first: register your copyright with the U.S. Copyright Office. The filing fee is small ($30). An attorney can help you with that process, and it's important to ensure that the registration is properly filed.

You may also want to try trademarking the slogan. Filing an...
Read more »

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