Get free answers to your Intellectual Property legal questions from lawyers in your area.
I am forming a company and going to be doing business in the car repair business. My question is..when it comes to using a name is it the company name that gets trademarked or registered so that no one can use it? Or is it the business name(DBA)? Will I have to get the company name checked in the... View More 
answered on Apr 7, 2017
You are confusing several issues. When you incorporate, you have to have a unique name for the state in which you incorporate. A "DBA" works the same way. To formally trademark the name as a brand, you need to file with the trademark office of the US government. That gives national... View More
We are working on startup project and our domain name similar to our competitor.
answered on Mar 18, 2017
You might face cybersquatting or IP litigation if it causes confusion in the relevant market. Why not be creative? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
In a video advertisement for a home services company, which was shot in an actual customer's home, household products are seen in the background and in use, with labels visible. These are shown for less than 2 seconds. Should these labels be redacted and/or does the owner of the marks of those... View More
answered on Mar 10, 2017
You should be fine if the products shot are portrayed in the manner they are commonly portrayed and the audience is not led to believe that the product brands are sponsoring or associated with the product/service being featured in your video ad. That does not mean you won't get sued or receive... View More
I have been reading regarding claims and scope of patents for over a day now. I have seen that the claims are everything when it comes to proving infringement. Also, I have read that the claims are regarded as a whole and cannot be divided.
I have posted before that I am trying to find the... View More
answered on Feb 12, 2017
I wish that there would be a better way of a non-lawyer determining if a device or process that is very similar to a claimed device or process infringes or not. Unfortunately, sometimes you really do need a lawyer to give you a legal opinion on these things. It is also unfortunate that such... View More
https://www.google.com/patents/US9383820
Hello, I want to understand the scope of this patent. From what I saw they are patenting custom vibration patterns in relation to creation of alerts. Though, I do not understand if they are patenting the custom vibration patterns or the custom... View More
answered on Feb 12, 2017
The scope of patent claims and their validity are really tough issues that warrant you retaining a patent specialist attorney and possibly challenging the referenced patent before the PTO.
I was told I should not use "may" in my PPA. Though, In patents like:
https://patents.google.com/patent/US20120306631A1
They are using may in plenty of examples, "shifted second portion may comprise providing","Another potential advantage may include... View More
answered on Feb 8, 2017
(8) I think that I have led you astray. Sorry about that. There is no guidance that suggests that you should stay away from the word "may". I use it all the time. However, your claims must be definite so that the reader can tell whether a product/process is or is not within the scope... View More
I was watching some of the tutorials on Youtube that mention that one should write what has been done (in the past) and what one has invented that would better the previous inventions and how will one's invention be in the future when writing one's provisional patent application. I... View More
answered on Feb 7, 2017
I assume that this is a follow-up question to my answer to your previous post. If I may answer your concerns:
(4) I think that the YouTube tutorial has misled you. There are many different ways of writing a patent application, but perhaps the Tutorial tried to teach it this way: in the... View More
I want to patent my new novel iOS idea. It was not done before and its almost fully developed. What should I patent exactly? Should I patent the application as a whole or should I patent the technology that I invented. Keep in mind that the technology that I have invented could be used on a variety... View More
answered on Feb 7, 2017
I am not exactly sure what your app does or what technology it involves, but let me see if I can answer some of your questions.
(1) You probably should patent the technology rather than just the app. The reason is that by the time your patent issues, the app will likely be obsolete, but... View More
answered on Feb 4, 2017
It depends on whether you're in a similar industry/ geographic area and/or whether it would cause confusion or otherwise violate the intellectual property of the right holder. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More
If i am the owner of the website, running a social network website like facebook can i use images, videos and other stuff from websites like pinterest, Instagram, on shopping websites, blogs, facebook & twitter as we do it on facebook, we post whatever we want on facebook and we don't need... View More
answered on Feb 4, 2017
It sounds like you might be violating intellectual property rights by doing that. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law... View More
I am interested in creating a business / brand called 'The Pursuit'. What are the steps to know if this is in use or trademarked? I am aware of an equinox class called 'The Pursuit: Burn' and not sure how the trademarks systems works. Would love guidance. Thanks!
answered on Feb 4, 2017
You can check with the USPTO and hire professionals to conduct an IP conflict search. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... View More
I write websites on various topics by writing in HTML, a language with liberal licensing. An HTML specification serves as a dictionary. I use a lot of HTML commands (mostly in the way intended by the spec), totalling far more than a short phrase, but I do not write a how-to that would infringe the... View More
answered on Feb 3, 2017
Your question is too vague. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:... View More
If someone trademarked the name of their restaurant "Cafe Serenity", can they stop other restaurants from using the word "Serenity" in their name? It doesn't seem right to me that someone can own a word like that especially if the other restaurant is selling a different... View More
answered on Feb 3, 2017
That doesn't sound like a strong case of infringement. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC... View More
Do i have any legal basis to claim this name? I have solid proof via domain registrar of domain registration on March 2006.
answered on Feb 2, 2017
Your question needs more detail. Who is the opposition? Why would there be infringement? The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More
I am interested in starting a blog titled "When Words Run Dry" for commercial use. However, there is a poem titled "He and I" by Lang Leav that goes like this: "When words run dry, he does not try, nor do I. We are on par. He just is, I just am and we just are” This poem... View More
answered on Feb 2, 2017
It's an arguable point, especially since you're clearly aware of the poem. Why take the chance? The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More
I have developed a method for detecting Pre-IPO candidates. I work for one of the Big4 firms but not in this space. This was not developed as part of any sanctioned activity or with any of the organization's resources. Would they have any rights to the Intellectual Property (IP)?
answered on Feb 1, 2017
Read your employment contract. You might be fine, but have a lawyer review the details. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More
I recently made a solar energy documentary, and presented it at Hot Springs documentary. Not long after that I started selling dvd's. I worked very hard on it, and was very disheartened to see it on the pirate bay. I've sent the pirate bay a DMCA take down notice, but from my friends... View More
answered on Feb 1, 2017
Generally the DMCA says you cannot hold the internet service provider at fault for the intellectual property law violations of its users, with few exceptions and requirements on the ISP. Notifying the ISP is a good first step. The ISP should have an agent for service of process.
See:... View More
answered on Jan 31, 2017
Likely not unless the current trademark is invalid for some reason. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY,... View More
The first handset owner could send a code (using the public domain network protocol) to his handset that would elicit a ID password normally addressed to the network. He could give that ID password to a second handset owner who could install it and thereby emulate the first handset, make calls, and... View More
answered on Jan 30, 2017
Read the Terms of Use and agreement you signed with your network. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,... View More
for example the trademark is first and last name and I want to leave only last name for the trademark ( use in commerce)
answered on Jan 28, 2017
You will file a new trademark application for the new name as used in commerce.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
