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 other props and... 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 »
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.
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 »
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.
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 »
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 »
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 »
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 »
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 »
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.
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?
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?
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 »
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 »
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