Lawyers, Answer Questions  & Get Points Log In
New York Intellectual Property Questions & Answers
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
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 »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Is it legal to consult a textbook when writing a script for a monetized YouTube video?

I am planning to start a YouTube channel with videos that teach English grammar. I write all my scripts myself, but I occasionally consult an English grammar textbook to make sure my videos have no false information. I also use it to look up lists of words to use in my videos, such as common... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Sep 18, 2018

It is OK. Based on what you wrote, there should be no problem.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: I would like to trademark and copywrite my patches how do I do that
Peter D. Mlynek
Peter D. Mlynek answered on Sep 4, 2018

If you are talking about software patches, where you are making changes to a computer program designed to update, fix bugs, or improve it, then you need to take a look at the contract that you've signed with the software provider just exactly who gets to own the IP rights.

If you are...
Read more »

1 Answer | Asked in Consumer Law, Copyright, Communications Law and Intellectual Property for New York on
Q: Using Magazine and Newspaper covers on my website.

Hello! I was wondering if it would be fair use to include magazine and newspapers covers along with their logos in a "Print Advertising" section of an Ad agency's website? The covers will be placed in magazine and newspaper mockups in a digitally made-belief home setting next to other props and... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 13, 2018

You cannot do it. The logos and designs of newspapers are copyrighted.

1 Answer | Asked in Intellectual Property, Trademark and Internet Law for New York on
Q: Trademark issue from previous owner?

I did a deal to buy an website, the owner of the website, agreed to sell me the full website with the trademark, however after I sent all the money, he just sent me the domain name, and he decided not to follow with our agreement. He is currently keeping the trademark and ask me a crazy amount of... Read more »

Benton R Patterson III
Benton R Patterson III answered on Aug 7, 2018

Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.

1 Answer | Asked in Consumer Law and Intellectual Property for New York on
Q: Is there any pro bono available in the area of intellectual property ?

I received a patent 3 years ago and 2 years ago I contracted with a local to build a prototype. He took 2500 in two payments and I have nothing to show for it. I want my money back.

Michael David Siegel
Michael David Siegel answered on Jul 24, 2018

This is over $5000? You can bring a small claims suit. Why would someone do this pro bono?

1 Answer | Asked in Copyright, Business Formation, Business Law and Intellectual Property for New York on
Q: What are the legal steps to start a brand for and copyright the creative works of an artist?

I am an artist. I create paintings, I do customizations, and also design merchandise and apparel related to my art. I want all of these entities of my work to operate under one brand, named after myself, as subsidiaries.

John Espinosa
John Espinosa answered on Jul 1, 2018

It sounds like you are currently operating as a sole proprietor, where there is no legal separation between you and your business. Your first step might be to form a separate legal entity, such as a single member LLC, with its own tax ID number and bank account for all of your business activities... Read more »

1 Answer | Asked in Banking, Intellectual Property and Real Estate Law for New York on
Q: Dad passed away and left property to sell and split with my brothers. Do I have to split my share with soon to be ex?

It was a dairy farm in Oswego county. Should I have my share deposited in an account with only my name on it?

Michael David Siegel
Michael David Siegel answered on May 12, 2018

probably not.

1 Answer | Asked in Intellectual Property for New York on
Q: Visiting New York May 9th-15th, and interested to follow an IPR court session. But how to find one? Help appreciated!

It would be great to find a case that was processed during that time, and to visit the court. Is it possible, and where to find information, please? Courts schedules have no mentioning of the case type, so finding an interesting IPR case is not easy.

Benton R Patterson III
Benton R Patterson III answered on May 8, 2018

IPR proceedings are not held in New York, rather, they are in USPTO offices. The main office is in the Washington DC area. This website has a list of upcoming IPR hearings you can use to locate a hearing if you are ever near as USPTO office.... Read more »

2 Answers | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for New York on
Q: I like to private label my product. It can not be patented & the company is not willing to sign NDA. What to do? Thanks.

My product contains 5 products that already exist on the market. I just put the 5 in one small pouch and with that, I created a new purpose and function and made an entirely new product.

Kevin E. Flynn
Kevin E. Flynn answered on May 7, 2018

It would be a long shot but you may want to consider whether the five previously known items combined together for what you call a "new purpose and function" could be protected with either a method claim or a kit claim.

You may want to look at my slide set on searching and see if you can...
Read more »

View More Answers

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Is it possible to register an identical trademark name in the same class, for complete different products?

We are looking to register our trademark, but research has shown, that another company with the same name and a registered trademark already exists.

But not only this, their trademark is registered in the same class 9.

However, they are producing heavy CNC machinery, where our... Read more »

Benton R Patterson III
Benton R Patterson III answered on Apr 9, 2018

Yes, it is possible for two different products to share the same trademark, even though both products fall under the same trademark class.

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Is it bad faith if I registered a domain name I let expire years ago when it became available again?

I held 2 domain names about 6 years ago that I let expire because I lost my job and couldn't afford to keep them anymore. Scrolling through my small domain portfolio today, those 2 domains popped up into my head, and I wondered what became of those names. . . so I check it's availability. One of... Read more »

Gary Lane
Gary Lane answered on Mar 24, 2018

Domains are on the market like any other product. You have every right to purchase any Domain you like. Look for the best deal - usually, the first year is less expensive. Good Luck.

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: I am having some questions about Trademark, Copyright and Patent Law.

I am creating a series of products using the two cartoon characters I originally designed. I also have an originally designed logo on the products. However, I am concerning about if I should register the trademarks of all the product logo and both cartoon images or the product logo alone? And if I... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jan 22, 2018

You should file for registration of the product logo only, both cartoon images, and likely for the combination of the two. It may be worthwhile considering filing for a trademark for each of the two characters separately.

The reason for so many filings is that (a) you don't know what the...
Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Is patent term extension applicable on orange book listed patents only?
Griffin Klema
Griffin Klema answered on Jan 17, 2018

No. Patent term extension is not exclusive to therapeutic drugs (i.e. those listed in the Orange Book). Patent term extension is available depending on how the application was prosecuted, and events that occurred during prosecution.

1 Answer | Asked in Real Estate Law, Tax Law, Gov & Administrative Law and Intellectual Property for New York on
Q: I had a building in my name for just over 2 months last year. I decided to transfer it back to the previous owner.

I received a property tax bill. Am I responsible for these taxes? Also, I never collected rent from this property because the previous owner said that I wouldn't take over until November. Can I fight to get the rent for the months this building was in my name?

Michael David Siegel
Michael David Siegel answered on Jan 13, 2018

Not responsible for taxes. You cannot get rent unless the lease says you can collect. The whole thing is weird though, and the reason for the transfers could be an issue for income and gift taxes.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Does a utility patent prevent others from creating a tutorial or sewing pattern of a similar object?

Does a utility patent prevent others from creating or selling sewing patterns or tutorials resulting in a similar item for personal use, or does it only prevent others from creating similar physical items?

Kevin E. Flynn
Kevin E. Flynn answered on Dec 19, 2017

Under the relevant patent law (35 USC Section 271) it is illegal to make, use, offer to sell, or sell a patented device. It is also illegal to actively induce infringement of the patent.

So under the right facts, there can be liability for providing instructions that are tailored to...
Read more »

1 Answer | Asked in Business Formation, Business Law, Copyright and Intellectual Property for New York on
Q: i want to use my name as my website for my music. someone else owns it but not using it. i reached out to them, but...

they blocked me apparently. what are my chances of taking it over and actually using it for my music?

Michael David Siegel
Michael David Siegel answered on Dec 2, 2017

You can usually almost always use your name if it is your own name.

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: If Court Clerk entered Default should Defendant not respond ?

Since I filed Default and it was entered by court clerk first should the defendant not file any other response ?

Will Blackton
Will Blackton answered on Nov 27, 2017

You say you "filed Default" so I assume you are the plaintiff in this case. If, instead, a default judgment has been entered against you, you should contact a lawyer in the state the judgment was entered immediately to determine your options.

Generally, obtaining a default judgment means...
Read more »

1 Answer | Asked in Business Law, Intellectual Property and Trademark for New York on
Q: I own a Food business can I use my aunts( she has passed) name to brand an item - with out any issues?
Donovan A Rodriques
Donovan A Rodriques answered on Nov 6, 2017

You should be able to use your aunt's name, unless barred by some other principle of law, such as trademark infringement.

1 Answer | Asked in Intellectual Property for New York on
Q: I heard that trademarks, patents, and copyrights don't have to be federally registered. Is this true and why would

anyone pay to register them if so?

Griffin Klema
Griffin Klema answered on Sep 21, 2017

You heard wrong. Patents must be obtained through prosecution before the USPTO. You have no "common law" patent rights in the U.S. Thus you only have a patent with an issued "letters patent" recognized by the U.S. federal government.

As for copyright, while technically one need not...
Read more »

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.