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New Jersey Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for New Jersey on
Q: can u use famous people as characters in a fiction book and also use pics of scenes, people without getting permission?

famous people are being used as characters, using their real names, and they have dialogue, relationships, etc. in this book, i.e. a very famous baseball player and a very famous reporter.

Barbara Berschler
Barbara Berschler answered on May 8, 2020

You need to proceed cautiously, especially if the people you write about are alive. Famous people have the Right of Publicity, meaning the right to exploit their own fame. Definitely work with an attorney before you publish your book.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Patent holder wants to block me from selling on Amazon similar product which everyone is selling for many years.

I have a product which was invented by some person many years ago, but wasn't patented. So, now many people sold this product too. But one company modified one detail of the product, and because they couldn't patent this as invention, many sellers, include me, also was selling this... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

Very low chance to win. Not worth the fight unless you have a lot of money and makes sense to you.

I strongly suggest moving on.

Marcos E. Garciaacosta

3 Answers | Asked in Business Law, Business Formation, Intellectual Property and Trademark for New Jersey on
Q: Can a company use a different name than their registered business name in their advertising?

2 companies, same NJ town, similar names (names changed for privacy).

Company #1 - XYZ Electric. They hold both Electricians & Home Improvement Contractors license under the name XYZ Electric. They don't have a registered DBA. Co #1 was in business before co #2.

Company #2... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 21, 2020

If company 2 trademark is not registered with state or USPTO then you’re likely out of luck because the marks practically need to be identical. If it is registered then it obviously bodes well for co2. With that being said, there are a lot of grey areas in the law and speaking with an attorney... Read more »

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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: Modified Youtube videos on Facebook, copyright issues?

Hi, I have a Facebook page where I upload modified videos from a certain Youtuber. The original videos are very long, and I edit them extensively. The kind of edits I do are taking only certain interesting clips from them then adding music, sound effects, images, and texts. The result is usually a... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 13, 2020

You can see if the original creator is willing to grant a license to use the works. Particularly since you've already been given notice.

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Q: Do I have a legal right to my registered trade name in my county where my trade name is registered? To prevent anyone

I need to know if I have legal right to prevent anyone from using my trade name? I sold my business but never sold the trade name for the business what are my rights for my trade name?

Tania Maria Williams
Tania Maria Williams answered on Feb 4, 2020

Usually, in the sale of a business, the sale agreement includes the goodwill of the business and its name. Your rights in the name will depend on what the agreement says as to ownership of the name. If, in fact, you did not sell the name, then your rights are dependent on how you are currently... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New Jersey on
Q: I have created a digital course(info product) that shows people how to run digital marketing ads for local businesses

One of the method that is teached is a Unquie method of remarketing. There is a paid program out there that teaches a simailr version of this as well, as well as information online about it. I have used some of this work as inspiration, and created a similar strategy in my own words, but the end... Read more »

Paul J. Riviere
Paul J. Riviere answered on Jan 24, 2020

It seems your teaching/coaching methodology may be protected by copyright and/or patent protection. Copyright law protects original works of authorship; caveat is it need to be in a tangible form like videos or books. There is not enough information here to say yes or no. If the paid program that... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New Jersey on
Q: I like to purchase this trademark!
Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2019

If the owner is willing to sell the Trademark, you can do so, but to insure everything is done correctly, then you must retain an experienced IP attorney.

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1 Answer | Asked in Family Law, Intellectual Property, Real Estate Law and Estate Planning for New Jersey on
Q: What will I need to do to claim my fathers property in Luquillo, Puerto Rico?

I brought my father to living in New Jersey 3 years ago because of his declining health. My father never put the property under my name because he was always to ill to go back to PR. My father is now in a nursing home and we don't know what to do about the property. We don't want to lose... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 10, 2019

You need to contact an attorney who is licensed there.

1 Answer | Asked in Criminal Law, Traffic Tickets, Insurance Bad Faith and Intellectual Property for New Jersey on
Q: Got a hit and run lawyers letter. I hit a cyclist he was fine we didn’t call the police.

hit a cyclist stopped my car and checked he was ok. He was fine just complained bike was damaged. No police called I didn’t make any police report. I now received a hit and run letter from a lawyer claiming property damage. What do I do. The cyclist came out in front of me on a roundabout.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 25, 2019

If charged by the police get yourself a good Criminal lawyer you will be facing loss of your license and jail time. If not charged but just received a letter from a lawyer notify your insurance company and if you didn't have insurance or enough insurance hire your own lawyer to defend the case.

1 Answer | Asked in Business Law, Trademark and Intellectual Property for New Jersey on
Q: Can I add “services” at the end of my business name to eliminate I fringement?

I realized there is a business with a similar name as me. (They had it first). If I amend my business name to add “services” at the end will this suffice? Or is there still room for a cease and desist letter to be sent to me?

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 12, 2019

The standard for infringement is the likelihood of confusion. So, your assumption is correct. There is room.

1 Answer | Asked in Intellectual Property and Trademark for New Jersey on
Q: Am I obligated to respond to a company’s request for assistance after they infringed on my trademark?

A company was infringing on my registered trademark and I reported it to the marketplace they were using. All of their items were removed (including items not related to my TM). They have emailed and called requesting that I rescind my complaint so that they can begin selling the non-infringing... Read more »

Griffin Klema
Griffin Klema answered on Jan 16, 2019

The answer probably depends on the marketplaces' merchant terms. Absent any contract between you and the infringer, the answer is probably no.

2 Answers | Asked in Personal Injury, Health Care Law and Intellectual Property for New Jersey on
Q: I was intoxicated while I was assaulted, drove away to flee danger, can i press charges? Friend attempted to kill me.
Peter Briskin
Peter Briskin answered on Jan 5, 2019

You can go to your local police department and report the crime.

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2 Answers | Asked in Intellectual Property for New Jersey on
Q: I was told that the story I wrote has copyright automatically attached to it. What are the benefits of registering

copyright then?

Tim Akpinar
Tim Akpinar answered on Nov 14, 2018

The U.S. Copyright Office addresses this issue in its bulletin, Copyright Basics. Here is a link: If you are seeking guidance beyond general information, you could consult with a copyright attorney.

Tim Akpinar

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1 Answer | Asked in Intellectual Property for New Jersey on
Q: Creating content for brand with an end card that says 'brought to you by'. Content includes pics of athletes. Doable?

Working with a non-sponsor brand to create content that includes athlete image and stats, and then the graphic will have in association with. Was wondering if there was an issue here. What if the image of the athlete is in art form?

Griffin Klema
Griffin Klema answered on Nov 14, 2018

Short answer: Yes, there are issues.

Longer answer: There are several issues that need to be carefully evaluated in your situation. First is the right of publicity. The second is potential copyright implications both for the photos and any stylized/artistic rendering of a person. Trademark...
Read more »

1 Answer | Asked in Intellectual Property and Trademark for New Jersey on
Q: trademarks question

If i have a LLC in NJ and its called 123abc, can someone trademark it and steal it from me? the business does work globally.

would i be able to win the trademark back? Should I be safe and get it now?

Nyasha A. West
Nyasha A. West answered on Aug 10, 2018

Because your use of 123bc pre-dates any future trademark filings of the same name, the individual or company attempting to register the mark would not be able to sue you for infringement.

Further, the filing of a trademark application requires evidence of the mark’s use in commerce....
Read more »

1 Answer | Asked in Intellectual Property for New Jersey on
Q: Can I copyright a recipe?
Jason Brooks
Jason Brooks answered on Apr 13, 2018

Copyright law does not protect recipes that are mere listings of ingredients... Copyright protection may, however, extend to "substantial literary expression"—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes,... Read more »

1 Answer | Asked in Intellectual Property and Landlord - Tenant for New Jersey on
Q: Are the landlords responsable for car damage inside of the property that I am renting?

Somebody hit my car while it was parking in the garage at the house I rent.

Marcel Wurms
Marcel Wurms answered on Jan 22, 2018

It's hard to say with so little facts. If the landlord somehow contributed to the accident by overcrowding the garage, or by putting the spaces too close together, perhaps.

You should consult a local attorney.

Disclaimer: The provided information is for informational...
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2 Answers | Asked in Divorce and Intellectual Property for New Jersey on
Q: I divorce my husband and have 2 properties but these properties have judgements from a business he owned. what can i do

My ex had judgments against him that i was unaware of when we divorced. Now I have 2 homes that I thought have equity in them based off of the mortgages but I can't refi or get any equity out with the judgements attached. What can be done. I was awarded both properties in the divorce..

Leonard R. Boyer
Leonard R. Boyer answered on Oct 3, 2017

Only a mortgage foreclosure defense and matrimonial attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in-person consultation. You need to retain the... Read more »

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1 Answer | Asked in Intellectual Property for New Jersey on
Q: How it's possible my previous company to file application for US patent (Pub.number: 20140207500) without my consent?

As an Inventor in 2006, I have prepared and signed 2 patent applications. The company was assignee, because I signed those papers to transfer my rights for Intellectual property to the company. One Patent number: 8712809 was granted in 2014, 5 years since I left the company.

Griffin Klema
Griffin Klema answered on Sep 19, 2017

Answer: The application (publication no. 20140207500) is a continuation of the prior patent application (no. 11/502,361), which in turn claims priority from a provisional application (no. 60/707,146).

Because a continuation is not a "new" invention, no additional declaration or...
Read more »

Q: Are USB C Hub Devices with 4 to 8 ports patented?

I intend to sell usb c hub devices on amazon. I see bunch of sellers there but i was wondering if there are any patents that could pose legal issues if i decide to sell this type of products:... Read more »

William C. Head
William C. Head answered on Aug 12, 2017

If you have violated another person's intellectual property rights, by making the devices that you are selling, yes you can be in violation of criminal laws, and subject to very harsh financial penalties (under civil aspects of patent violation or copyright laws) and possible jail time.... Read more »

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