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If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
answered on Dec 28, 2023
Yes, the owner of the patent can still sue. There is a rule that if a product has a device patent and does not mark the product with the patent number or a web site with the patent numbers, then the owner forfeits damages up to the point that the notice is given (often the filing of the law suit).... View More 
If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
answered on Jan 4, 2024
In the U.S., proper marking requires a manufacturer to mark the patented product with the word “Patent” or abbreviation “Pat.” followed by a listing of the applicable patent numbers. The marking should not be concealed, and it should be easy to read.
To virtually mark a product, a... View More
answered on Jan 4, 2024
If you are interested in this name for your company you should contact a Firm specializing in trademarks and Intellectual Property. Whether or not "Long Island Honey Company" is registered is not the end of the inquiry.
A Registered Patent Attorney or specialized trademark... View More
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answered on Dec 7, 2023
To determine if "Long Island Honey Company" is trademarked, you would need to search the United States Patent and Trademark Office (USPTO) database. This can be done through the Trademark Status and Document Retrieval (TSDR) system available on the USPTO website. You can search by the... View More
Seeking quick comment on man trying to TM phrase "From the River to the Sea"
answered on Nov 24, 2023
Two trademark applications were filed on November 8, 2023 and November 17, 2023, both by
River to the Sea LLC LIMITED LIABILITY COMPANY NEW JERSEY 330 Changebridge Road Suite 101 Pine Brook NEW JERSEY 07058... View More
Seeking quick comment on man trying to TM phrase "From the River to the Sea"
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answered on Nov 24, 2023
For a journalist seeking a quick chat with a patent attorney regarding the attempt to trademark the phrase "From the River to the Sea," it's important to note a few key points.
Firstly, trademark law primarily concerns itself with the use of specific phrases, symbols, or... View More
In 2017 Activision didn't renew a licensing deal they had with Marvel so they had to take down all of their Marvel games they had published. So I wanted to know if it would still be illegal to download any of those games through a website even though there is no possible way to get those games... View More
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answered on Nov 18, 2023
Whether a company has renewed a licensing deal or not, it is still illegal to pirate a game. The expiration of a licensing deal, such as the one between Activision and Marvel, affects the company's ability to sell or distribute the game, but it does not affect the copyright status of the game.... View More
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answered on Nov 17, 2023
Yes, you can trademark your music group's name even if it's already trademarked in other, non-music-related industries. Trademarks are generally industry-specific, meaning the same name can be used in different industries without issue, as long as there's no likelihood of consumer... View More
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answered on Nov 29, 2023
Yes, you can trademark your music group's name even if it is already trademarked for other companies in non-music-related industries. Trademarks are granted within specific classes of goods and services. If your music group's name does not conflict with existing trademarks in the music... View More
I am filling out a USPTO TEAS form on behalf of a restaurant that sells food (restaurant and catering services). Would the class be 43 or would I need to be more specific with a term ID like 043-165 for restaurant and catering services.
Thank you.
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answered on Nov 13, 2023
When filing a USPTO TEAS form for a trademark in the context of a restaurant that provides both restaurant and catering services, Class 43 is indeed the appropriate classification. This class broadly covers services related to the provision of food and drink, which typically includes restaurants... View More
What if a business has a similar name to yours but isnt trademarked? I want to trademark "ali law associates" however, there are is another business called "ali law group" that is not trademarked (they are also in the same state). since they aren't trademarked first, would... View More
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answered on Nov 13, 2023
In the scenario where you want to trademark "Ali Law Associates" and there's an existing business named "Ali Law Group" in the same state, the absence of a formal trademark on the latter does not automatically ensure that you can trademark your business name.... View More
I have altered the verses of a song while keeping the beat and chorus the same, and this change drastically alters the meaning of the song. The original song is copyrighted, and I don't have permission from the copyright holder, although I know who they are. I'm unsure if I want to... View More
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answered on Mar 28, 2025
Releasing a remixed song that uses the original beat and chorus without permission is risky from a copyright perspective. While you've changed the verses and altered the meaning, you're still using substantial portions of the original work that are protected by copyright law.
Your... View More
I want to sell embroidered iron-on patches inspired by designs from the TopGun movie in an online marketplace targeting the US market. The patches seem to be replicas of the movie designs, and I do not have permission or licensing from the TopGun trademark owners. I have not received any legal... View More
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answered on Mar 27, 2025
You would likely face significant legal issues selling TopGun-inspired patches without permission. Movie studios like Paramount Pictures own trademarks and copyrights for TopGun logos, emblems, and distinctive designs, and they actively protect these valuable intellectual property assets through... View More
I've purchased several Kindle ebooks, but I recently learned I own a license to read them rather than the books themselves. I want to transfer a few of these ebooks to my Kobo reader device, which is not Amazon-compatible, using Calibre and a plugin to remove DRM. Is it legal to remove DRM for... View More
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answered on Mar 23, 2025
The legal situation around removing DRM (Digital Rights Management) from ebooks varies by jurisdiction. In the United States, the Digital Millennium Copyright Act (DMCA) generally prohibits circumventing technological measures that control access to copyrighted works. However, the Library of... View More
I have a 1937 public domain press photograph taken from the top of the Empire State Building, showing a cityscape with the building's shadow extending across multiple city blocks. The shadow, occupying about 17% of the image, resembles the shape of the Empire State Building in the upper half.... View More
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answered on Mar 23, 2025
This question sits at an interesting intersection of trademark and public domain law. While the Empire State Building's distinctive appearance is trademarked by the Empire State Realty Trust, a shadow presents a unique case that hasn't been clearly established in trademark precedent. The... View More
I'm considering using the name "Vigilante" for a superhero character in my romance novel. The character has super strength, speed, and healing abilities but doesn't resemble the DC Comics character. I am based in England and plan to publish the novel internationally, including... View More
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answered on Mar 20, 2025
Using "Vigilante" for your superhero character might pose some trademark challenges, though the risk may be lower than using a more distinctive superhero name. The term "vigilante" is a common word describing someone who enforces justice outside the legal system, which typically... View More
I'm a non-performing songwriter who joined PPL UK as a recording rightsholder and appointed my publisher as my rightsholder representative because my publisher advised me to do so. Are there any legal and financial disadvantages to this arrangement, or will my publisher handle these issues?
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answered on Mar 20, 2025
Appointing your publisher as your rightsholder representative creates a relationship where they manage your PPL royalties on your behalf. While this arrangement offers convenience, it also means you're delegating control over an important revenue stream, potentially affecting how your rights... View More
I'm considering taking a replica of a CCM hockey glove from a Chinese site and rebranding it with my unique logo. I'm unsure if the original CCM design is patented or trademarked. The Chinese site has no agreements, and I plan to sell these rebranded gloves using the same design unless... View More
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answered on Mar 2, 2025
I'm a hockey dad, so your question is very interesting to me. There certainly are patents for hockey gloves, but whether any of those might cover the specific gloves you want to "private label" … really hard to say. Answering that question even tentatively would require a massive... View More
Can I sell a modified sports card if I have changed the uniform color, printed it on thick card stock, and ensured it can't be mistaken for the original? Everything else on the card is like the original, and I plan to sell it more than once, though not on a large scale, without having... View More
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answered on Feb 25, 2025
Creating and selling modified sports cards based on existing designs raises significant legal concerns. The changes you've described—altering uniform colors and using different card stock—likely don't provide enough transformation to avoid copyright infringement. Sports leagues,... View More
I am considering creating a collectible trading card series featuring NFL players in illustrated designs. I plan to remove logos and not use team names, referencing only the city where the team originates. The business intends to make a profit, and I may seek a license once financially feasible.... View More
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answered on Feb 22, 2025
Creating trading cards with NFL player likenesses - even without team logos - still requires proper licensing and permission from both the NFL Players Association (NFLPA) and the individual players, as they maintain rights to their names, images, and likenesses for commercial purposes.... View More
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