Get free answers to your Intellectual Property legal questions from lawyers in your area.
I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car. So basically it would be a bit different.
I wrote to... View More 
answered on Oct 16, 2019
You need to consult an attorney before venturing into the use of Lamborghini logos. Lamborghini brand is very well known and they most probably have trademarks registered. There need to be a "likelihood of confusion" analysis done by an attorney hired by you before you even manufacture... View More
Sir, would you tell me the process for getting trademark, and required documents. and how much time it take to get it.
answered on Aug 5, 2019
Trademark applications for US registration are filed online via USPTO.org -- for a new registration, the costs are $275 per mark, per "class", plus whatever service fees your lawyer or service agency charges (if you choose to use assistance) -- It's possible to prepare the... View More
I would like to start giving art classes to amateur students. This would involve them producing a painting, using a picture as a guide. What are the legal parameters surrounding the pictures I can provide, from which they will copy? Is it a problem to have them print pictures from the internet or... View More
answered on Jul 22, 2019
For personal use, not an issue, but if they are displayed publicly, like in a product label, periodical or on a website, there are potential problems, especially if the photo contains the likeness of a person without their permission. It gets tricky. Why not take some phots yourself. thereby giving... View More
In my mother's name a grandparent had left money for me to purchase a home or use for college once I was of age . My mother had withdrawn the money once we found our small home and my father had convinced me to put his name on the home in case of any accidents or lawsuits . 3 years later the... View More
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answered on Jul 18, 2019
You should get in touch with the County Assessor. However, I believe that whoever is listed on the Deed will be billed no matter who pays.
I intend to begin performing on the stage as well as sell my music and other media content via digital platforms: all under my name. On the longer run I intend to establish a company that will be specializing in producing media content, managing artists performances (primarily as a booking agency),... View More
answered on Jun 11, 2019
What is "gov legal name"? Do you mean your name? You actually need to trademark your name. While it seems odd, if your name is a brand, you need to protect it. Whether you incorporate at this point or not (and it generally is beneficial to do so), if your name will be the name of the... View More
Hello,
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.
Are there patents for the scratch layer... View More
answered on May 9, 2019
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... View 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?
answered on Apr 24, 2019
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... View 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.
I was told the appearance of a... View More
answered on Apr 23, 2019
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... View More
I cannot 'deploy' the invention, of course, since I cannot issue credit cards. The idea is specific to how card fees are charged. How can I protect it.
answered on Mar 21, 2019
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.
Good day!
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... View More
answered on Feb 5, 2019
You should definitely ask for permission.
It is possible that they will come after you and stop you from using that name.
You can consider other alternative names.
If you contact them, it may be possible they grant you the right to use the name, and you should consider... View More
answered on Feb 4, 2019
If your drawing is a near or exact copy of another's art work, that sounds like copyright infringement. There are a few defenses: https://www.lib.purdue.edu/uco/CopyrightBasics/exceptions.html
More details are necessary to provide a professional analysis of your issue. The best first... View More
my patent number is 9138609....
I want to know is there an i.d. number as well?
answered on Jan 30, 2019
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... View 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.
PS: The package... View More
answered on Jan 22, 2019
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... View 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.
answered on Jan 9, 2019
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,... View 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!
answered on Jan 2, 2019
To use copyrighted material, one would need to find out who owns the copyright and contact them for a license. But you'd also need to determine whether your use qualifies as "fair use". More details are necessary to provide a professional analysis of your issue. The best first step... View 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... View More
answered on Dec 25, 2018
This is a very common question. Many bloggers and fans of shows or movie stars get really discouraged when they get cease & desist letter from the shows/stars lawyers.
Your situation is even more problematic: you are trying to raise funds, and then sell products and make money off... View 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... View More
answered on Dec 25, 2018
This is a common question.
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... View More
answered on Nov 27, 2018
Yes, this is done all the time. Your patent would be a formulation patent. The majority of patents that I write are formulation patents.
A couple of notes:
(1) The biggest problem that you need to overcome is the obviousness rejection. You can't just take known ingredients,... View More
answered on Nov 14, 2018
Short answer: Maybe.
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... View More
What if a competitor copies my website (same look and feel, 80% same text, and exact same process). He used my work as a template for his.
answered on Nov 7, 2018
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... View More
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