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Nevada Intellectual Property Questions & Answers
2 Answers | Asked in Copyright, Intellectual Property and Trademark for Nevada on
Q: If im only going to operate within the U.S.A, do I need to have an International Classification on my trademark?
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 21, 2019

yes

that is the standard

the numbering system used by USPTO follows the international classification.

It wasn't completely clear what you were asking, so you may want to contact us off line

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Regarding the porter case patent.. if I change the material or a little design just a little is it acceptable?
Peter D. Mlynek
Peter D. Mlynek answered on Aug 22, 2018

I am not sure which Porter Case patent you are referring, so it is hard to answer this question. But here are some guidelines.

(1) There appears that are only about 6 Porter Case patents. Some of these are pretty old, and they have expired by now, but some are still in force. You need...
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1 Answer | Asked in Intellectual Property for Nevada on
Q: Can I use pictures of celebrities, musicians, album covers in a blog that compares/contrasts or has surveys?

I want to have a blog that compares and contrasts celebrities, sports teams, musicians etc. I also want to ask readers who is better than who. For example: who would you rather have lunch with, Michael Jordon or Labron James? I want to be able to include images but cannot afford to pay for rights... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 5, 2018

Your proposed unauthorized use is a risky one exposing you to a civil action in federal court for copyright infringement.

Q: Intellectual/Moral Rights Signed to Corporation FOREVER?

I'm a 20-year old male in the state of Nevada looking for work online. I've applied to an online AI-research company and have gotten a request for my first job. In the agreement attached, there is a few things I'm wary of before signing. It may just be paranoia, but I would like to maintain my... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Mar 16, 2018

I think that the assignment of all IP rights forever has to do with assigning all the rights that you produce for the company while you are engaged in an assignment for them. It does not extend to IP rights that you generate during your lifetime after the engagement ended.

You may want to...
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1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Q: If we want to use a photograph we have a copy of for a wall mural, do we need to license usage?

I work at a non-profit museum and we have a physical copy of a photograph from 1967 originally done by United Press International in 1967. The copy we have is actually from UPI and has their stamp on the back. CORBIS bought the pre-1991 UPI images that were physically housed in UPI's archives in... Read more »

Benton R Patterson III
Benton R Patterson III answered on Oct 26, 2017

You are correct. To recreate the image, you need a license from the copyright owner.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Patent Question: How do I safeguard an idea for a new product?

I have come up with an idea. In four (4) years of research, I have found that this product/item does not exist. I do not want this idea stolen. Before I seek financing, how may I patent this idea inexpensively? I have made the 'poor man's patent' and sent the idea to myself via the USPS. This... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Aug 30, 2017

Congratulations on coming up with a new product. I hope that it is a success.

You are also absolutely correct that you need to safeguard your idea. Among the documents that your investors will want to see prior to giving you money, is a patent application. If you do not have IP secured,...
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1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Hi, About Casino table game Patent number: D748736. How much would similar casino table game patent cost?

I´m planning to release new casino table game. So I´m interested about how much it costs. And which parts of patent process would be most expensive. THX

Peter D. Mlynek
Peter D. Mlynek answered on Jun 20, 2017

Design patents applications preparation and filing run in the neighborhood of $1500 to $2000. Additionally, there is the cost of prosecution.

Good luck!

1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Q: If I publish a story to a magazine, do they just have rights to the story, or are any concepts or characters theirs too?

Say I publish a story to an anthology work like the magazine Asimov's, and it takes place in a fictional world populated by a cast of specific characters. Does this submission give them rights to the specific story or work only, or does it also give them rights to the characters that appear in the... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Feb 8, 2017

Copyright applies to the "work" -- the story -- not ideas. Characters can be protected by trademarks, like Mickey Mouse. Unless you give away your rights to the characters, the magazine cannot use them without your permission in another story or any publication simply as a result of owning the... Read more »

1 Answer | Asked in Consumer Law, Contracts, Copyright and Intellectual Property for Nevada on
Q: I asked a friend to participate in a professional glamor shoot which I booked and paid for. Who owns the prints ?

Also what rights do I have to use the photos ?

thanks

Will Blackton
Will Blackton answered on Feb 2, 2017

If you took the photos, you own the rights to the photographs. If someone else took the photographs, look at your contract with the photographer.

Generally, a model release will specify the scope of what you can and cannot do with the photographs.

Did your friend sign a model...
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1 Answer | Asked in Contracts, Products Liability, Intellectual Property and Internet Law for Nevada on
Q: I have images I created. Can someone take those images without my permission and save it for their Private collection?
Peter N. Munsing
Peter N. Munsing answered on Oct 3, 2016

If you put them up on the web, it's basically a "take this & distribute" invitation. Note how photographers, others copywright images.

1 Answer | Asked in Intellectual Property for Nevada on
Q: Other than trademark law, what is the basis for a plagiarism or unfair competition lawsuit?

If a competitor copies your advertising and claims your work product as his, is there a basis for a lawsuit other than trademark infringement?

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Jul 27, 2011

copyright law could be the basis for a plagiarism

1 Answer | Asked in Intellectual Property for Nevada on
Q: Slogan idea, some copyright or trade mark on a slogan base there is so many slogan on a t-shirt, what to do copy/trade,

Slogan idea, some copyright or trade mark on a slogan base there is so many slogan on a t-shirt, what to do copyS/tradeS. I like to know is their any legal rules on copyrightS or trademarkS base on the slogan on t-shirts & accessories, and what to do from here, is their regulation rules and legal... Read more »

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Jul 26, 2011

You can register your slogan as a trademark if you use it to identify your goods (t-shirts, etc) to distinguish your product from those manufactured and sold by others.

In regard to copyrighting your slogans, words and short phrases, such as names, titles, and slogans, familiar symbols, etc...
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