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Minnesota Intellectual Property Questions & Answers
2 Answers | Asked in Intellectual Property and Trademark for Minnesota on
Q: Hello! Is it legal in a book to have gang mask disguises/code names based off of a movie?
James L. Arrasmith
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answered on Jun 2, 2024

Using gang mask disguises or code names based on a movie in a book can raise legal issues related to copyright and trademark infringement. Movies and their associated elements, such as character names, costumes, and specific iconography, are typically protected by intellectual property laws. Using... View More

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2 Answers | Asked in Trademark and Intellectual Property for Minnesota on
Q: Saint-Tropez is trademarked. Ok to use Saint Tropez for 025 clothing?
Giselle Ayala Mateus
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answered on May 24, 2024

Using "Saint Tropez" for clothing could be problematic if "Saint-Tropez" is trademarked in a related category, as it might lead to legal issues due to potential consumer confusion. Trademark laws vary by jurisdiction, and geographical names can have specific restrictions.... View More

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2 Answers | Asked in Trademark and Intellectual Property for Minnesota on
Q: Saint-Tropez is trademarked. Ok to use Saint Tropez for 025 clothing?
James L. Arrasmith
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answered on May 24, 2024

Using "Saint Tropez" for clothing can be complicated due to trademark issues. Since "Saint-Tropez" is trademarked, using a similar name like "Saint Tropez" might lead to legal disputes if the trademark owner believes it could cause confusion or dilute their brand.... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: My company as a "culture" does not include the electrical engineers or designers on their patents.

Could these patents be deemed invalid?

James L. Arrasmith
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answered on Apr 25, 2024

The validity of a patent depends on several factors, such as the novelty and non-obviousness of the invention, and whether the patent application meets the legal requirements. Not including the names of the actual inventors (in this case, the electrical engineers or designers) on the patent could... View More

1 Answer | Asked in Copyright and Intellectual Property for Minnesota on
Q: I want to use a section of a song with the lyrics removed and dubbed over audio of my student film, is it fair use?
James L. Arrasmith
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answered on Mar 4, 2024

Using a section of a song in your student film, even with the lyrics removed and dubbed over, can be complex when considering fair use provisions. Fair use is determined by factors such as the purpose and character of your use, the nature of the copyrighted work, the amount and substantiality of... View More

1 Answer | Asked in Intellectual Property and Trademark for Minnesota on
Q: To use the term “Swim A Thon” as a fund raiser, do we need any sort of consent or permission?

We are doing a fund raiser for our local pool. Some wish to call it Swim A Thon…while others fear that using that term could get us into some legal trouble???

James L. Arrasmith
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answered on Feb 27, 2024

Using the term "Swim A Thon" for your fundraiser requires a bit of caution due to potential trademark issues. Trademarks protect brand names, slogans, and other identifiers from being used without permission, especially if they could cause confusion among the public or imply an... View More

1 Answer | Asked in Trademark and Intellectual Property for Minnesota on
Q: A person warned that he would proceed legal action on a product that has no trademark. Is he delusional?

A person created a video game addon for certain vehicles. He removed his first version to replace it with something unstable. He is sending threats to people who share this first version of that said addon that is stable with legal action cases. But he lacks a trade mark and a license for his... View More

James L. Arrasmith
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answered on Feb 25, 2024

Understanding the legal nuances in such a situation is important. Even without a formal trademark or license, creators can have rights to their original work under copyright law. Copyright protection is automatic upon the creation of an original work fixed in a tangible medium of expression. This... View More

3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Minnesota on
Q: how to find Law Firm who wrote the Patent"
Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 12, 2023

The name of the firm that is on the issued patent is not always the firm that wrote the patent application as sometimes the patent application moves from one firm to another during the time that the application is pending (such as when a company is sold or even when just the patent application is... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Minnesota on
Q: how to find Law Firm who wrote the Patent"
James L. Arrasmith
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answered on Oct 15, 2023

If you're looking to find the law firm responsible for drafting a particular patent, start by examining the patent's face page. Often, the patent attorneys or agents responsible for the application are listed there. If that doesn't provide the information, you can check the United... View More

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2 Answers | Asked in Copyright and Intellectual Property for Minnesota on
Q: Are there certain handmade macrame styles/ designs patented that others can't practice and sell? Is there a listavailabl

Can I make and sell macrame products learn from media and macrame books to sell? If there are patented designs, how do I check to avoid using it for business?

James L. Arrasmith
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answered on Oct 15, 2023

Macramé, as an ancient form of textile craft, has countless designs and patterns that have been practiced for centuries. Many basic macramé designs are likely not patented due to their age and widespread use. However, specific modern designs or innovative techniques might be protected, not... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Minnesota on
Q: I'm interested in trademarking my adult video game under my LLC. Does anyone with experience in both have advice? Thanks

I'm looking to trademark my adult video game under my LLC. Seeking advice from experienced professionals in both areas. Serious responses only please. I'm interested in a long term situation. I've already filed one, but due to a name change, I might need to file again as my previous... View More

James L. Arrasmith
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answered on Aug 29, 2023

If you've undergone a name change for your adult video game, you'll likely need to file a new trademark application, as significant amendments to the mark itself are generally not permitted under existing applications. Given the specific industry you're in, make sure the trademark... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Minnesota on
Q: I'm interested in trademarking my adult video game under my LLC. Does anyone with experience in both have advice? Thanks

I'm looking to trademark my adult video game under my LLC. Seeking advice from experienced professionals in both areas. Serious responses only please. I'm interested in a long term situation. I've already filed one, but due to a name change, I might need to file again as my previous... View More

Fritz-Howard Raymond Clapp
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answered on Aug 23, 2023

The proposed mark should be carefully researched to assure that it is not confusingly similar to any other mark already used in gaming, then an intent-to-use application should promptly be filed before the game is actively marketed. It may also be wise to include a graphic element to a text-only... View More

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1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Minnesota on
Q: Can I use Twin Cities in my business name?
T. Augustus Claus
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answered on Aug 16, 2023

Using "Twin Cities" in your business name could potentially lead to trademark issues, as the term may be associated with the Minneapolis-Saint Paul metropolitan area in Minnesota. If your business operates within or serves this region, using "Twin Cities" in your name might... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Minnesota on
Q: Can a theme of a business mention another business name or products unrelated to the industry?

I’d like to start a car-themed coffee company which would include images, logos, and names of car manufacturers. Would I need the permissions of the companies first?

James L. Arrasmith
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answered on Mar 29, 2023

Using the images, logos, and names of car manufacturers in a car-themed coffee company without their permission could potentially be a trademark infringement. It is advisable to seek legal advice or contact the car manufacturers to obtain their permission before using their trademarks or... View More

1 Answer | Asked in Employment Law, Entertainment / Sports, Intellectual Property and Trademark for Minnesota on
Q: Is there a way I can stop a former employer from using pictures and videos that I am in?

I worked at a haunted house and these are pictures and videos of my characters used on their website and social media.

James L. Arrasmith
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answered on Mar 15, 2023

If you are no longer employed by the haunted house and you did not sign any agreement that allows them to use your image or likeness, you may be able to take action to stop them from using your pictures and videos. Here are some steps you can take:

Send a cease and desist letter: You can...
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2 Answers | Asked in Copyright and Intellectual Property for Minnesota on
Q: I resell phone cases with animetrd pictures of popular band can I be sued for copyright infringement

And does the fact that they are band is based in another country change things

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 29, 2021

If you do not have a license to put the band there, yes you could be sued.

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1 Answer | Asked in Intellectual Property for Minnesota on
Q: I am listed as an inventor on my former employers patents. can i sell those rights to others.

My position was eliminated by new management. In 2018 the former GM asked for my assignment signature. I told him I was not comfortable doing that working for him for 36 years and He soon to retire (since deceased) that as long as I was employed I would not take issue with not assigning my rights.... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 13, 2021

Check your contracts including anything you signed upon your departure.

Most of the time you grant any creation to your company.

You are the inventor. Depends on how the invention was registered you may have some rights or none.

Best luck.

1 Answer | Asked in Intellectual Property for Minnesota on
Q: My live in boyfriend moved out of my property can he return whenever he wants?
Allison Higgins
Allison Higgins
answered on Nov 19, 2020

Hi there. This section in for intelelctual property questions such as trademark, copyright, and patents. You may want to re-post your question in a different section such as landlord/tenent law or family law. Sorry about the confusion.

1 Answer | Asked in Contracts, Collections, Intellectual Property and Small Claims for Minnesota on
Q: Best way to go about this

I bought my stepmom car for 2000.. and today she showed up with the police claiming that I never paid her anything and she wants the car back. She had the car towed off my property...

I have text messages from her saying the price of the car, me giving her mom, and are agreement... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 5, 2020

consult a local attorney, you can try this in small claims depending on your jurisdiction

make sure you have all documented and printed for presenting to the court

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Minnesota on
Q: had an invention that was seen on the internet recently...took a while but finally saw the invention or one similar...

need to know what can be done to help me on this situation...

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 6, 2019

This happens, unfortunately, all the time.

If you have a patent on your invention, then go see a patent litigator to give you options on how to get some sort of licensing agreement of your patent in place, or to file a suit.

Good luck!

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