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New York Intellectual Property Questions & Answers

1 Answer | Asked in Trademark and Intellectual Property for New York on

Q: Please let me the process and needed documents to get tradmark.

Sir, would you tell me the process for getting trademark, and required documents. and how much time it take to get it.

Jason Brooks answered on Aug 5, 2019

Trademark applications for US registration are filed online via USPTO.org -- for a new registration, the costs are $275 per mark, per "class", plus whatever service fees your lawyer or service agency charges (if you choose to use assistance) -- It's possible to prepare the application yourself, but... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on

Q: Copyright laws in NY- replicating photos in paintings

I would like to start giving art classes to amateur students. This would involve them producing a painting, using a picture as a guide. What are the legal parameters surrounding the pictures I can provide, from which they will copy? Is it a problem to have them print pictures from the internet or... Read more »

Charles Oliver Wolff answered on Jul 22, 2019

For personal use, not an issue, but if they are displayed publicly, like in a product label, periodical or on a website, there are potential problems, especially if the photo contains the likeness of a person without their permission. It gets tricky. Why not take some phots yourself. thereby giving... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Intellectual Property for New York on

Q: If there are 2 owners on a house and only one is paying the taxes how do you get a receipt in that 1 persons name ?

In my mother's name a grandparent had left money for me to purchase a home or use for college once I was of age . My mother had withdrawn the money once we found our small home and my father had convinced me to put his name on the home in case of any accidents or lawsuits . 3 years later the story... Read more »

Benjamin Z. Katz answered on Jul 18, 2019

You should get in touch with the County Assessor. However, I believe that whoever is listed on the Deed will be billed no matter who pays.

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2 Answers | Asked in Business Formation, Entertainment / Sports and Intellectual Property for New York on

Q: As a musician who intends to perform independently under the gov legal name, what should I do first to protect my work?

I intend to begin performing on the stage as well as sell my music and other media content via digital platforms: all under my name. On the longer run I intend to establish a company that will be specializing in producing media content, managing artists performances (primarily as a booking agency),... Read more »

Michael David Siegel answered on Jun 11, 2019

What is "gov legal name"? Do you mean your name? You actually need to trademark your name. While it seems odd, if your name is a brand, you need to protect it. Whether you incorporate at this point or not (and it generally is beneficial to do so), if your name will be the name of the... Read more »

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1 Answer | Asked in Intellectual Property for New York on

Q: Hello, Is there a patent for this product: https://www.amazon.com/Scratch-Off-World-Map-Poster/dp/B01IIF4L9Y

Hello,

I would like to produce and sell a scratch-off world map poster and sell it on Amazon in the USA. I want to be sure that I won't get issues with this product because of trademarks and/or patents. I hope that you can give advice.

Are there patents for the scratch layer of a... Read more »

Sean Erin Serraguard answered on May 9, 2019

From a quick search of other Amazon offerings, my suspicion is no. Please see: https://www.amazon.com/dp/B075K3G8XF/ref=dp_cerb_2 and https://www.amazon.com/dp/B07G3DPJMF/ref=dp_cerb_3 Further, a quick search of various patent databases doesn't show any obvious hits. That's just a guess, of... Read more »

1 Answer | Asked in Workers' Compensation and Intellectual Property for New York on

Q: Hi, I'm a designer. I had an account on a "print on demand" platform www.teepublic.com, I created the designs and the co

My account was terminated and my commission not paid out, they claim it's due to my account being terminated because of intellectual property infringement. Is that legal, for them to keep the money I earned?

Sean Erin Serraguard answered on Apr 24, 2019

Whether this is legal or not will depend on the terms of the contract that you signed when you used their services. The terms are on their website (https://www.teepublic.com/terms). I have not reviewed their terms, and the link is for your convenience. This is not a full legal analysis of their... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on

Q: Am I infringing on trademarks, or copyright?

I want to sell a wooden box that is similar to a competitor. It will be pretty built pretty much the same as the competitors. (the box has a base connected to it I want to use in mine). I will use different card designs, stain color, wood, and metal label.

I was told the appearance of a... Read more »

Sean Erin Serraguard answered on Apr 23, 2019

The appearance of a product can be a type of "mark" called a trade dress. Trade dress is concerned with the promotional aspects, or image, of a product or service that makes the presentation of the product or service distinctive. Trade dress does not apply to any aspect that is purely functional.... Read more »

4 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Banking for New York on

Q: I have an idea for a Credit Card product that will solve a number of problems for Banks & Card Issuers. Can I patent it?

I cannot 'deploy' the invention, of course, since I cannot issue credit cards. The idea is specific to how card fees are charged. How can I protect it.

Ahaji Kirk Amos answered on Mar 21, 2019

I can't tell you that you can patent your invention. You can patent an invention that is patentable subject matter. It must be new, non-obvious and you must be the first to apply for a patent on the invention. You don't need a prototype so long as the invention is fully developed/designed.

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1 Answer | Asked in Intellectual Property and Trademark for New York on

Q: I am writing a recipe book and call it "Instant Pot Best Recipes." Should I get permission to use "Instant Pot"?

Good day!

I am writing a recipe book for cooking various dishes using a slow cooker and pressure cooker. One of the registered TM of these devices is called “Instant Pot”. I want to use the "Instant Pot" in the title on the cover of the book. But “Instant Pot” is a registered TM.... Read more »

Marcos Garciaacosta answered on Feb 5, 2019

You should definitely ask for permission.

It is possible that they will come after you and stop you from using that name.

You can consider other alternative names.

If you contact them, it may be possible they grant you the right to use the name, and you should consider...
Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on

Q: Can an artist draw a picture from said photograph as in for a coloring book ? Is that still copywriter infringement?

Ali Shahrestani, Esq. answered on Feb 4, 2019

If your drawing is a near or exact copy of another's art work, that sounds like copyright infringement. There are a few defenses: https://www.lib.purdue.edu/uco/CopyrightBasics/exceptions.html

More details are necessary to provide a professional analysis of your issue. The best first step...
Read more »

1 Answer | Asked in Intellectual Property for New York on

Q: On my patent. It is only a patent number? Is there a patent number and id?

my patent number is 9138609....

I want to know is there an i.d. number as well?

Griffin Klema answered on Jan 30, 2019

There are a few different numbers associated with an issued patent. Besides the patent number, there is the document ID (US 20140200123 A1) and an application number (61753222) for patent no. 9,138,609. You can look up all the information on your patent through the USPTO's database, called Public... Read more »

1 Answer | Asked in Intellectual Property for New York on

Q: can card game ideas be patented?

I want to make a card game and want to sell in Amazon.com.

However, I would like to know if any of the card game ideas sold on the market are the same as the ideas that I would like to produce, so I would like to know if there is any copyright or legal problem.

PS: The package... Read more »

Ali Shahrestani, Esq. answered on Jan 22, 2019

You may need to first consider whether you need a copyright, patent, and/or trademark, as a card game can conceivably involve different types of intellectual property rights. It's crucial to ensure you've done your research on similar products to determine whether you are violating any others' IP... Read more »

1 Answer | Asked in Health Care Law and Intellectual Property for New York on

Q: Could you tell me which inventor would be the primary on the project? It is just whoever is listed first?

I am conducting a research report on the patented product and need to find who would be the best expert witness on a hypothetical case wherein the product may be scrutinized in a medical malpractice case.

Ali Shahrestani, Esq. answered on Jan 9, 2019

The inventor of the patent is named under the patent information on the USPTO webpage, and where there are multiple inventors they are typically listed in order of primacy. E.g, see: https://patents.justia.com/company/tesla. This answer does not constitute legal advice; make any predictions,... Read more »

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for New York on

Q: Want to get the rights to use music from an old TV show in a short film I am making. I believe it's owned by CBS.

The music is from two 1961 episodes of The Twilight Zone that were scored by composer Jerry Goldsmith. How would I go about getting the rights to use that music in a short film I am working on? Would this even be possible? Any idea of what it would cost? Thanks!

Ali Shahrestani, Esq. answered on Jan 2, 2019

See my reply to your same question posted in the CA section of this forum. A license from the copyright owner would be required if you don't qualify under the "Fair Use" exceptions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... Read more »

1 Answer | Asked in Gaming and Intellectual Property for New York on

Q: What can I do to make this business start legally the right way?

We have a video game in the making based off of a TV show. I know there are copyright issues since we’re using the same characters, but what can we do to prevent that? We’d like to start a kickstarter campaign after we’re done with 35% of the game and start monitoring. How would we work... Read more »

Peter D. Mlynek answered on Dec 25, 2018

This is a very common question. Many bloggers and fans of shows or movie stars get really discouraged when they get cease & desist letter from the shows/stars lawyers.

Your situation is even more problematic: you are trying to raise funds, and then sell products and make money off the TV...
Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on

Q: I want to patent a product. Do I have to make sure every single part of the product is not yet patented?

Or can I focus my patent research for my product as ONE object only (with its function)? For example, a water bottle with temperature sensor. Do I have to make sure that there is no patented temperature sensor for any other usage and not only for related to my product? I am a bit confused. Please... Read more »

Peter D. Mlynek answered on Dec 25, 2018

This is a common question.

No, you do not have to make sure that every single part of the product is not yet patented. Almost all patented products have parts that are already known. So, in your example, for a water bottle with a temperature sensor, it is OK to take a commercially...
Read more »

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on

Q: Can I patent a mouthwash made w/ over-the-counter ingredients offering no health claims other than fresh breath?

Peter D. Mlynek answered on Nov 27, 2018

Yes, this is done all the time. Your patent would be a formulation patent. The majority of patents that I write are formulation patents.

A couple of notes:

(1) The biggest problem that you need to overcome is the obviousness rejection. You can't just take known ingredients, mix...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on

Q: Good day! What are the specifics of psychology medical practice methods patenting? Are they patentable at all?

Griffin Klema answered on Nov 14, 2018

Short answer: Maybe.

Long answer: Generally speaking methods of providing a therapy are patentable, but it is hard to get into the any specifics without some factual context for your case (and I recommend against seeking same in a public forum). All patents are subject to the statutory...
Read more »

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New York on

Q: Is it possible to patent a very specific PROCESS that is part of a public website?

What if a competitor copies my website (same look and feel, 80% same text, and exact same process). He used my work as a template for his.

Kevin E. Flynn answered on Nov 7, 2018

It is hard to patent a web site under the current case law. You usually need to show that you have invented a way to make web sites work better and that is normally independent of the content of the web site.

Putting that aside for now -- one cannot take something that is already in...
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1 Answer | Asked in Intellectual Property and Trademark for New York on

Q: Netflix has stolen my registered trademark. How can I afford to take them to court?

They have used my TM in their highly profitable cartoon and refuse to remove it claiming freedom of expression rights over my TM rights. However, according to the Lanham Act, the manner in which they are using it violates my rights. They've threatened to sue me in court if they win.

T. J. Jesky answered on Oct 20, 2018

Wow! It sounds like you actually have valid trademark infringement case against Netflix. This is big time. If you do have a registered trademark and the use of the trademark infringes your trademark, you are on the side of the angels. In certain trademark infringement cases, monetary relief... Read more »

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