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Massachusetts Intellectual Property Questions & Answers
3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
T. Augustus Claus
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answered on Sep 19, 2023

Certainly, you can potentially trademark the phrase "don't panic, it's organic." However, the success of your trademark application will depend on factors such as its distinctiveness, its use in commerce, the likelihood of confusion with existing trademarks, and whether it meets... View More

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3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
David Aldrich
David Aldrich
answered on Sep 20, 2023

If you are just using this as a slogan, you cannot trademark it. However, if you are adopting it as the brand under which your products will be sold, then yes, you can file for a trademark application.

If you do file, and assuming this is for food products, it could possibly receive a...
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3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
James L. Arrasmith
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answered on Sep 21, 2023

Trademark registration eligibility depends on various factors, including whether the proposed mark is distinctive and not merely descriptive. "Don't Panic, It's Organic" may be registrable if it is not considered generic or overly descriptive for the goods or services you intend... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Can I create a company called “Robin-Hood loans” or Robin-hood Funding”? What about RobbinHood or Robbin-Hood with two B

I had a trademark question. With the investment company RobinHood owning the trademark name of Robinhood.

Eric Estadt
Eric Estadt
answered on Jul 6, 2023

I recommend against creating a company in the financial industry with any name that is similar looking or sounding to RobinHood. That is likely to invite a cease and desist letter, lawsuit, or other legal action against you. Even if the risk was low, do you really want your brand to have such a... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: will the name 'milky way electric' cause any copyright infringement on milkyway the chocolate bar company?
Eugene Vamos
Eugene Vamos
answered on Jun 28, 2023

It depends on the context of your proposed usage. The words "Milky Way Electric" can not be copyrighted, but they can probably be used in a trademark, that is, associate it with a good/service. You will have to seek out a trademark attorney to guide you on the specific areas of... View More

1 Answer | Asked in Intellectual Property and Trademark for Massachusetts on
Q: Hello There is some confusion about Dizzy Gillespie.

How can Dizzy Gillespie be Trademarked by Lorraine Gillespie Trust when he is Trademarked by AL Cass Inc as a graphic design of a trumpet player. Is AL Cass Inc committing Trademark Infringement on the Lorraine Gillespie Trust who has Dizzy Gillespie Trademarked. Thank you

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 30, 2023

The Gillespie Trust owns six active registrations for the text mark (name) DIZZY GILLESPIE, as used on valve oil, recording, mouthpieces, songbooks, trumpet polishing kits, and entertainment services.

If there is a design mark depicting the person Dizzy Gillespie, it would not infringe the...
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5 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: I have an idea that I would like to check if it is already patented. How do I find out? Do I have to pay anyways?

This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.

James L. Arrasmith
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answered on May 2, 2023

To find out if your idea is already patented, you can conduct a patent search. You can start by using the United States Patent and Trademark Office's (USPTO) patent search tool, which is free to use. This tool will allow you to search for existing patents by keyword, inventor name, patent... View More

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5 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: I have an idea that I would like to check if it is already patented. How do I find out? Do I have to pay anyways?

This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 18, 2023

You can pay an patent attorney or patent agent to perform a patentability search. Often they will tee up the search scope and outsource the search to professional searchers with lower hourly rates.

NOTE -- even after a search, your idea may not be patentable as someone may have filed a...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Massachusetts on
Q: Can I register as a part of my logo and brand name, the city name where I am located? For example, XYZ Shoes, Boston?
James L. Arrasmith
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answered on Apr 2, 2023

Yes, it is generally possible to register a brand name and logo with the name of the city where you are located. However, there may be limitations or restrictions depending on the specific city and any trademark or naming regulations it may have. It is recommended to consult with a trademark... View More

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2 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: How do I contact someone regarding the usage of a trademark they own?

I know you should email them but how do you get their contact?

James L. Arrasmith
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answered on Feb 25, 2023

To contact someone regarding the usage of a trademark they own, you can try the following steps:

Conduct a trademark search to find the name and contact information of the trademark owner. You can do this by searching the United States Patent and Trademark Office (USPTO) database or using a...
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2 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: How do I contact someone regarding the usage of a trademark they own?

I know you should email them but how do you get their contact?

David Aldrich
David Aldrich
answered on Feb 24, 2023

If their trademark is registered, you can go to the USPTO’s search page here:

https://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4805:woa3i2.1.1

After you run a search for the mark, click on the trademark, then click the TSDR button on the upper left. Then scroll down...
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1 Answer | Asked in Car Accidents and Intellectual Property for Massachusetts on
Q: Is it legal to have engineers completely remodel a car and make it look like a completely different car and drive it...

...on city streets? Like to get the exterior and interior of different car but the features of the old car? I just don't want to be doing anything illegal. Thanks!

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2022

A Massachusetts attorney could advise best, but your question remains open for a week. This is something that intellectual property attorneys would be most familiar with. There are high-end carmakers that vigorously pursue legal remedies against replicas of their six and seven-figure high-end cars... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: Can a patent that was abandoned be patented again by one of the inventors?

Publication number: 20040002883

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Sep 14, 2022

If there's a new improvement to it that is patentable, there may be an opportunity for a new patent application. However resubmitting an old application as-is that's already published, with nothing more, generally won't work.



I am a registered U.S. patent...
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1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: If someone takes a screenshot of my tweet and shares it without my consent, is that a copyright violation?

Someone took a screenshot of something I said on twitter and removed the context to make me look like a sexual predator. I consider this to be potentially libelous and/or slanderous. Do I own the copyright of the tweet and if so, is there anything that can be done about it?

Steve Charles Vondran
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answered on Mar 12, 2022

Good question. Generally speaking, a tweet is not typically copyrightable as it usually contains just a short phrase with a limited amount of characters and according to the United States Copyright Office ("USCO") this can be considered de minimus as far as creativity is concerned. Now,... View More

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: I want to make a nft colection, but I'm concerned about copyright.

The idea is to make dogs dressed as marvel superheroes(for example dog ironman, dog spiderman). Is that legal, and how far can I go in that direction without paying a fine

Robert Kost
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Robert Kost
answered on Nov 16, 2021

You are correct to be wary. I'm sure the trademark lawyers at Marvel are alert to any and all uses of their trademarks. It's not so much a "fine" that you would pay, as much as it might be money damages and an injunction against using the marks on your non-fungible and... View More

2 Answers | Asked in Intellectual Property for Massachusetts on
Q: Can we use the term "battle bots" to describe remote control wooden "bots" that kids build at our makerspace?

Middle school kids learn engineering skills by building remote control "bots" that battle in an "arena" and have fun. We are a 501(c)(3) non-profit and do not do TV shows or compete with BattleBots TV show. We are a STEM education center. Is it trademark infringement to adopt... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 26, 2021

I would recommend you don't

Very likely to run into problems

Consult with an attorney to evaluate your situation

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1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: A photographer is claiming use of an image without permission and demanding copyright damages. What do we do?

N/A

Steve Charles Vondran
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answered on Jan 20, 2021

There are many "photo trolls" out there seeking thousands of dollars for use of a single image. There are many different things we consider in deciding what amounts are fair and proper under the copyright law. For example, some factors to think of are:

1. Is the photo...
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Q: Do I get a share of money if some patents that I co-invented when I was a student is now sub-licensed by a company

I was a Ph.D. student working with my professor at University. We together applied for two patents, which were approved in the U.S. and Europe. My professor later started a company and licensed these patents from the University. Recently on the news, a large company sub-licensed these patents again... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 15, 2020

Sorry, I wish I had better news, but you very likely are not entitled to any money from the patent.

Generally, when you are a Graduate Research Assistant, you are getting paid, either as a salary or in lieu of tuition, to do research. You were getting paid. As with any university in the...
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2 Answers | Asked in Intellectual Property, Trademark and Business Law for Massachusetts on
Q: I intend to register a trade mark.

l want to inquire about the possibility of registering a joint name i.e. "PETER and PAUL". I would like the use both names to label my product or would either use PETER or PAUL separately for the same category of product. Is this allow in U.S trademark law.

Evelyn Suero
Evelyn Suero
answered on Aug 5, 2020

Generally speaking, you may use the trademark you choose so long as it complies with trademark law, ie. it is not confusingly similar to another trademark in the same or related class/category or misleading, etc. However if you register a trademark, you should use that trademark with the spelling... View More

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1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: Can a vehicle be copyrighted as a work of art?

I designed the unique custom paint scheme for my car. Many publications take photos of custom vehicles then produce a product, magazine articles, for profit. Can a copyright protect me from someone else profiting off my labors?

John Brendan Riordan
John Brendan Riordan
answered on Jul 16, 2020

Absolutely! You can definitley protect your design. Imagine someone took a picture off a photographer's website and printed it on their vehicle; just because they used it on their car doesn't mean they haven't infringed on that copyright! The important part is that it's not the... View More

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