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.
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...Read more »
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?
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 »
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.
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...Read more »
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.
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... Read more »
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...Read more »
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.
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...Read more »
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.
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 »
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!
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...Read more »
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 »
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 »
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 »
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 »
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...Read more »
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.
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 »
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 »
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.
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... Read more »
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 »
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