Get free answers to your Intellectual Property legal questions from lawyers in your area.
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answered on Jan 23, 2023
This is going to require that a patent attorney take a deep dive on the material that you provided and the nuances of the issued patent claims. There may be a path to correct inventorship to add you as one of the inventors. If you did not assign over your rights, then being a coinventor makes you... View More
I have come up with a novel formula of herbs that act as a strong stimulant together. I developed it over years to overcome difficulties at jobs and to keep me awake on overnight drives. It is stronger than energy drinks, at least for me.
I'm looking to protect as I seek to profit off its value.
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answered on Jan 5, 2023
Very hard to say the exact and the only solution for you here. You should discuss this with your local intellectual property lawyer. In general, you can use the institute of trade secret and also carry some legal protection with it. However you need to meet some legal requirements for this and that... View More
- I’ve searched and it is not trademarked.
- The quote from the book is only 7 words and I am looking to sell my own artwork inspired by the book with the quote on it.
-the book was independently published
- I was under the assumption that short phrases cannot be... View More
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answered on Oct 14, 2022
You really need to speak with a copyright attorney. It would seem that quote is quite generic. But most of the exceptions to use of copyrighted material revolve around non-commercial activity; your proposed use would be commercial, so you definitely will want to check into it before moving forward.
I want to make video game content like YouTube videos or screenshot pictures. Like game playthroughs or something. I also want to be able to monetize somehow, like with ads, affiliate marketing, or linking to Patreon.
But I'm worried about getting in trouble with copyright or getting... View More
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answered on Sep 13, 2022
Dear Creator,
thats a very interesting question and I will gladly try to answer it.
At first, in general, it is legal to create a gameplay videos from video games and post them on youtube and then monetize your channel. There are some circumstances when this does not apply such as... View More
I produced a film in Michigan in 2018 and now someone is attempting to make a documentary about the event without my permission. Do I have the legal protection to ask them to cease and desist? They are a resident of Ohio and are attempting to interview not only myself, but members of the cast and... View More
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answered on Jan 9, 2022
You would be wise to speak with an intellectual property attorney. If you are a producer of a commercial film, you may be considered a public figure, which affords you less privacy interest. Even if you are not a public figure, if the documentary is based on truth, I'm not sure what recourse... View More
she brought back my sweatshirts and she put a huge amount of glitter in them and made glitter spill on my apt floor
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answered on Sep 24, 2021
Make a police report if you'd like. Otherwise, wash the sweatshirts, vacuum the floor, and vow to never deal with this woman again.
I got an Intellectual Property Infringement claim against us on our Etsy store for using photos sent in from customers that contained Gibson guitars. Gibson filed the claim and had our listings deactivated on etsy. I am working with them to get this resolved but I was wondering if I was to blur out... View More
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answered on Aug 17, 2021
No, if it is a picture created by somebody else, you can not use it.
You are better off getting a no-brand guitar, take your own pictures.
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answered on Jan 27, 2021
I am not going to give you an opinion on Niagen booster supplement containing naturally nicotinamide riboside (NR), because I do not know all the facts, but here are a few comments.
Generally, naturally occurring compounds are not patentable. Anyone can make, use, or sell such compounds.... View More
The character in question is "Karnov", a character created by the now defunct video game company "Data East", the current owner of this IP is "Gmode". This company redistributes Data East's old arcade titles as digital games online.
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answered on Jan 21, 2021
Unfortunately this question will be answered with "it depends." If the character/IP is not being used, you may have some solid negotiating leverage in getting a good price. Please consult an IP attorney to help with this issue.
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answered on Dec 28, 2020
Justia is a great resource for finding IP lawyers. And many IP lawyers can work in multiple states under certain circumstances. For example, I have litigated cases in Washington, Oregon, California, Arizona, and Indiana (among others).
I am a US resident and need to protect my US registered trademark in Australia. I found that someone has stolen my mark and is using it for the same class of products as my brand. Could I use an Australian virtual mailing address to register my mark? On their trademark website, ipaustralia.gov.au,... View More
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answered on Sep 23, 2020
Without knowing other key details here, I believe you should be able to do so. But registering your trademark after infringement may impact your claim for damages or injunctive relief. Feel free to reach out to me with any more questions!
I hired a web developer to design three websites. He bought my domain names and hosted the sites on his server for a year. Before they were set to expire, he contacted me to inquire about renewing hosting. I decided instead I would like to change hosting. The web developer then cut off my websites... View More
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answered on Sep 23, 2020
Before giving you a definite answer, I would need to see the contract between you two. But generally speaking, this arrangement is a work-for-hire, and whatever he developed should belong to you. So you will likely have a claim for damages against him.
Hi, student from Michigan. I'm considering starting a nonprofit project where we rewrite published free, publicly accessible scientific articles in simple language and re-publish them on the Web through our own website (freely available of course). I was wondering whether this counts as fair... View More
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answered on Aug 5, 2020
I would say no. Best to get permission from the authors before doing this. They might appreciate your efforts.
Example, I read a woodworking book or watch an online class on how to make a type of drawer, and then create an online class using what I learned, without using any of the original material, did I infringe the copyright?
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answered on Feb 4, 2020
Copyright does not protect ideas, methods and processes. It protects the expression of those ideas, methods and processes. Whether or not you are infringing the person's copyright depends on your use of their work in your own creation.
I was hired by a publisher to write a non-fiction book on a very popular television show where I discuss the history of the show, the themes, the characters and provide my opinion on each of the series episodes. Publisher states because I'm providing an opinion there is absolutely no copyright... View More
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answered on Sep 18, 2019
Your concerns are valid. You should consider seriously getting permission. Make sure the hiring party give you a contract where they take full responsibility or liability. Consult with an attorney before doing anything.
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answered on Sep 11, 2019
It would take about six months.
Cost will vary but expect to spend around $1,000 to $1,500
We will need to make some searches to make sure the brand is not taken, and will not conflict.
I was working for a pharmaceutical wholesale distributor in mi. I had a 1 year non compete agreement. I was fired 8-17-2017 and my non compete ended 8-17-2018. Two months after the non compete ended, I noticed that the owner of the company was sharing files with me via onedrive (a file sharing... View More
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answered on Oct 7, 2018
Although your noncompete has ended, it is likely that any confidentiality agreement that you had with the company, whether in writing or in a employee manual, still applies after termination of your employment. The information that you mentioned is recognized by Michigan law as trade secrets, and... View More
How does Tangle Inc still have the patent for the tangle toy? I remember grew up having it as a toy in my childhood. Now I'm 30 years old.
I'm doing patent law research and came across the US patent 7601045 from Tangle Inc. It seems this patent only apply to the textured toys, not... View More
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answered on Jun 10, 2018
This type of a question is fairly common. How can there be a patent on something that has already been in existence many years before the patent was ever filed?
The answer almost always is that the patent claims a product that is somehow improved over the old product. There is something... View More
What are my options?
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answered on Jun 7, 2018
Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director
Can the company that has the patten ingredients come after you?
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answered on Dec 28, 2017
This is a fairly common situation in the pharmaceutical industry. Pharmaceutical companies come up for new uses of patented drugs all the time.
Generally speaking, a new use for a previously patented ingredient will still infringe the existing patent, and the patent owner may still come... View More
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