Get free answers to your Intellectual Property legal questions from lawyers in your area.
Publication number: 20040002883
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.
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I am a registered U.S. patent... View More 
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?
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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
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
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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
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
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
N/A
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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... View More
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
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... View More
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.
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
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?
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
answered on Apr 16, 2020
Depends
There are a lot of factors in play
Has that compound being used before for something?
Has it been in existence before?
Did it have other elements that can be considered generic? so that a previous compound may be used if minor changes are made
Is it... View More
Hello
I want to make t-shirts with the box logo, but without the word "supreme." I am making shirts with simular (looks exactly the same) font with the same red but it says "Winga." Is this illegal? I am also making shirts with other colors.
I tried to contact... View More
answered on Apr 16, 2020
We need more details so I can give you better guidance.
Check my website www.legalbizglobal.com
480 324 6378
It will depend on how similar the designs are.
If you are just printing supreme on your t-shirts for example, you may have an argument that it is a generic... View More
Non final rejection. Can I answer changing type of attachment peices I use on my product . They are placed in the same area on prior art, but I only use 3,making it much easier to use. they use 8 components. My product serves a different purpose than theirs. Their product cannot work... View More
answered on Apr 14, 2020
Lots of questions in one posting.
You really need a consultation to assess your chances.
www.legalbizglobal.com
I found a supplier for my product who is based in China, they have the mold of this product, but it is branded with the name of an Australian company who previously bought from this supplier. The Australian company has a copyright registered in Australia. Could I sell this product with their name... View More
answered on Dec 26, 2018
Maybe. Trademark rights are based on use, and if no one is using the mark in the US (either the Australian company or anyone else), then you might be able to sell the product or even acquire trademark rights to the name or logo. I suggest you read Person's v. Christman, 900 F.2d 1565 (Fed.... View More
answered on Dec 15, 2018
That is a very common question. Many times inventors get side-tracked, or funding dries up, or they simply forget.
The good news is that provisional patent applications are not published, so once the provisional patent application expires and is not used as a priority document, it is as if... View More
Hi, I'm curious if I re-purpose damaged comic books, manga books and books in general into household use items and sell them if it is intellectual property and/or copyright infringement? Would this be considered fair use of the original item or transformative use of the items since I am taking... View More
answered on Dec 5, 2018
It sounds like you have done some homework on this issue, which is great! It could be a transformative use. However, it really depends on how much you change the original copyrighted work into a new work. As for your second question about marketing your products, that is a separate issue that gets... View More
I received a certified letter regarding a silicone pipe that I currently sell on many platforms including my own website. The company stated that they have a patent pending on it and that I have to: immediately stop marketing the product, remove the product from all selling platforms and send them... View More
answered on May 16, 2018
This situation merits working with patent attorney to sort out the current status and possibly to intervene to help the Patent Office reject or at least narrow the claims.
As a preliminary step, you may want to check on the status of the pending application using USPTO Public PAIR.... View More
answered on Apr 7, 2018
Yes, he has several dozen patents related to lithium, including extraction process from brine.
Some (but not necessarily all) of the patent applications that he is listed as an inventor are found in the following list:... View More
I've trained as certified coach and I'm planning on teaching and certifying people in the same coaching in a different language. The person who certified me and I are creating a royalty, license agreement and I'd like to know what is the usual profit % or fee that is standard or... View More
answered on Mar 1, 2018
It depends!
What are you coaching?
From what language are you translating and to which language? That's an atypical piece of the puzzle.
What type of IP are you using?
How will you be reselling the IP?
The answers to those questions and more will... View More
I look at it like taking a patent like dice and using it for a game. Is that legal in that case because the patent has long expired?
answered on Feb 23, 2018
If you want to sell a game that has a toy in it, and the toy is patented, then you would be infringing the patent. You can't get around a patent to a product by adding more stuff to the product.
You'll likely need to obtain a license, or buy the toy from the toy maker.
I am not a registered nonprofit or charity, but I help fundraise for one. Example: billsfund.org
answered on Jan 23, 2018
It could be considered a material misrepresentation unless there is an agreement in place that protects, you, the charity and the donor.
They pay me a flat rate for each song, but now they are wanting to pay me 10% of the royalties they receive as well. Is this a fair deal?
answered on Dec 15, 2017
Fair is in the eye of the beholder. A lyricist who composes a song with someone else gets 50% of the royalty for the song, not the recording of the song. The royalty is split between the song writers and the publisher. If there is no publisher, then the song writers get the entire royalty. Now... View More
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