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Missouri Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: Can I defend an Intellectual Property for selling an item on Amazon and receiving a Violation?

I've been selling Nordic Naturals Ultimate Omega 180 gelcaps for a few years. I typically buy from ebay and then sell them for more on Amazon. Therefore, I'm not an "authorized" seller to Nordic Naturals. Since I bought these items legally on ebay, is this still a violation... View More

Griffin Klema
Griffin Klema
answered on Nov 30, 2018

It might still be trademark infringement. Just because you purchased the item on eBay doesn't mean it's a genuine product, or that your listing isn't causing consumer confusion. The eBay seller may be selling fakes or knockoffs. If so, then re-selling them on Amazon may be trademark... View More

1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: How do I deal with a Trademark infringement accusation ?

I made a "bunch" of Harry Potter robes for 18 inch dolls and put them on my esty shop. I listed them AS "Harry Potter robes for 18 inch dolls". After a week or so a spokesman for Warner Bro. submitted a notice of trademark infringement and Etsy took down the robes. IN that... View More

Andrew Zulieve
Andrew Zulieve
answered on Oct 5, 2018

Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry... View More

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Missouri on
Q: I prepared a research paper and sent it to my boss. I later saw it published with his name only. Is it legal?

I contacted the publisher and they are not willing to do anything. What are my options?

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 13, 2017

Unfortunately, this happens to good researchers by bad bosses way too often, both in academia and in industry. I am sorry that it happened to you.

If you are a grad student or a post-doc, and you'll eventually need your boss's recommendation to get a good job down the road, it...
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1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can I sell items using quotes from a public domain work, but taking the actual wording from a modern translation?

I am an artist wishing to sell posters with quotes from Marcus Aurelius' "Meditations". However, I would like to use the wording from a translation published in 2003. Is it legal for me to do this without compensating the publisher or translator?

Will Blackton
Will Blackton
answered on Feb 25, 2017

There are two issues here: (1) derivative work of something in the public domain, and (2) whether a short phrase or quote is even subject to copyright protection.

(1) If an original work enters the public domain, this does not cover derivative or subsequent works based on that original...
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1 Answer | Asked in Intellectual Property for Missouri on
Q: Is it possible to file a trademark request without an attorney?
Paul Overhauser
Paul Overhauser
answered on Dec 15, 2010

Yes, you can, by going to uspto.gov. However, unless you are familiar with the regulations of the Trademark Office, your application may be rejected.

Paul Overhauser

317 891-1500

www.overhauser.com

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