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Minnesota Copyright Questions & Answers
2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: Would a US Patent only cover my rights in the US or could I use a patent cooperation treaty with a US patent to further

Protect my rights.

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Jul 22, 2019

A US patent is valid only in the US. You can use a PCT application, if you are still within the time limits, to file in other PCT countries. That requires a new application.

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Q: Does this form of business protect my right internationally, to say I patent articles under the name of the corporation
Kevin E. Flynn
Kevin E. Flynn answered on Jul 8, 2019

We do not have an option for an international patent. (Yes, I know many people write that they have an international patent, but they are wrong). We have a type of patent application that is the front end for many patent system. This is called a Patent Cooperation Treaty Application (PCT... Read more »

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and DUI / DWI for Minnesota on
Q: If a cop gets info.from another person that I was driving my car home drunk from the bar,is it legal for the cop .

That mind you .didn't pull me over .or see me driving,to come to my house a half hour later and give me a DUI and tow my car right out of the driveway,no keys in vehical or on me ,also revockef my lisence for refusel,when he got my numbers reading were high but I still wasn't driving.

Thomas C Gallagher
Thomas C Gallagher answered on Jun 5, 2019

As I mentioned in my other answer to your similar question, that case would be weaker than the normal case where the police officer did observe driving, operating or control of a motor vehicle. In addition, it's common for people to drink at home, after driving. That is a defense to a DWI case.... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: If I created a design/logo for shirts. Should I get copy right, trademark or both? Another ? added to more infor section

Also, the design/logo includes words. So, if I change the words color and/or font does it still protect under the copyright/trademark law still? Even if I submit something to the copyright/trademark in black font and a specific font.

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 18, 2019

Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and... Read more »

1 Answer | Asked in Copyright for Minnesota on
Q: Can I use Pathfinder for a clothing brand?

I am starting a brand of polos and was wondering if I could use this term.

Jason Brooks
Jason Brooks answered on May 23, 2018

You’ll need to run a knockout search to be sure. Start with the USPTO database here to make sure here are no existing registrations - http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4803:z3lh0r.1.1

Also run through a couple pages of google for their potential similarities....
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1 Answer | Asked in Contracts and Copyright for Minnesota on
Q: Self-publishing a fitness book, with models wearing brands like Nike/using equipments with brand logos on it, copyright?

The book has many photos of models performing a demo on how to do a certain exercise. Models are wearing clothing with brand logos like Nike or using equipments with brand logos on it. Is that a copyright issue? Would I need to cover all the logos? even though those are items that we own?

Jason Brooks
Jason Brooks answered on Apr 11, 2018

Unfortunately this would qualify for infringement. While it’s unlikely that any of these brands would care, namely because it’s free advertising for them, any of them would be well within their right to sue you and shut the project down. To be on the safe side I would definitely either reshoot... Read more »

1 Answer | Asked in Education Law, Copyright and Trademark for Minnesota on
Q: I work in several schools and wondering if you can help with a couple of questions to clarify questions that I get.

1) Students/teachers are 3D Printing items such as Mickey Mouse.

2) Students/teachers are using a plasma table to cut NFL/MLB logos, Harley Davidson logos and then sell to community.

Benton R Patterson III
Benton R Patterson III answered on Feb 23, 2018

Generally, creating and selling branded items with someone else's trademark, like a professional sports team, is trademark infringement and is against the law. In most cases, making 3D printed objects is fine. If you are creating and selling copyright protected characters, you could run into a... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Minnesota on
Q: Laws that protect intellectual material.

I am a Realtor out of MN and owner of twincitiessold.com, my real estate blog and advice website. The website 'Help a Reporter Out' (HARO) allows journalists to ask questions to experts about a variety of topics. One of the only reasons people answer these inquiries is to get PR exposure and build... Read more »

Will Blackton
Will Blackton answered on Sep 25, 2017

Generally, websites contain their own terms of service, determining the rights you grant to the website when you post content. HARO is no different, according to their terms of service (https://www.helpareporter.com/terms-of-service/?nav_location=footer):

5.4. You hereby grant HARO a...
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1 Answer | Asked in Business Law, Copyright and Trademark for Minnesota on
Q: When the Justia site says something has a registered "wordmark" do you mean the LOGO or the company name in body copy?

I am a proofreader and I am trying to determine if a trade name can appear in body copy/regular font with a circle-R. My understanding is that this is a "wordmark"? And that this is a different registration than the trademark within a LOGO.

Barbara Berschler
Barbara Berschler answered on Sep 4, 2017

If a mark is designated as a "registered" mark, that means it is registered in the USA with the United States Patent & Trademark Office (USPTO) for goods (a "trademark") or for services (a "service mark"). Marks can take different forms, such as simply words; words using special layout, font or... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: Is it legal to use verses from the bible on "print on demand items" to sell online? Do I need a license? I live in MN.
Will Blackton
Will Blackton answered on Aug 29, 2017

It depends on what version (edition/translation) of the bible you're quoting.

The ancient versions of religious texts are almost certainly in the public domain, and freely usable. However, any quote you're likely to come across in the "print on demand" context is going to be from a...
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1 Answer | Asked in Copyright, Business Formation and Business Law for Minnesota on
Q: Is it ilegal to open a bar that is from a TV show idea not the actual show
Lucas Wynne
Lucas Wynne answered on Aug 12, 2017

This question is too vague to provide a thoughtful response. The answer would depend on whether you are infringing on intellectual property.

1 Answer | Asked in Copyright for Minnesota on
Q: I Have A Copyright Question. Was My Work Plagiarized?

Hi. I make free drumkits and post them to YouTube for producers to download and use in the studio. Now someone has taken my kit and reuploaded it to YouTube. This person has taken the same image I used in the video's background and changed it a little. When I downloaded the kit it was the same... Read more »

Will Blackton
Will Blackton answered on Feb 22, 2017

YouTube has a user-friendly copyright management platform called Content ID. You can file a copyright complaint against the YouTube user here: https://support.google.com/youtube/answer/2807622?hl=en&ref_topic=2778544

If you feel uncomfortable initiating this legal process on your own, or...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: do i need to ask approval to use a trademarked name in the title of a mobile app or can i disclaim we're not associated?

i'd like to create a study guide app for a certification exam but am not sure if i need approval from the certification body to use it in the name / description...or if i can just disclaim that the app isn't associated with the certification body and i'd be clear?

Lucas Wynne
Lucas Wynne answered on Jan 25, 2017

You need approval.

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