Get free answers to your Intellectual Property legal questions from lawyers in your area.
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.
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... View 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... View More
answered on Sep 18, 2018
It is OK. Based on what you wrote, there should be no problem.
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... View More
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... View More
answered on Aug 13, 2018
You cannot do it. The logos and designs of newspapers are copyrighted.
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... View More
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.
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.
answered on Jul 24, 2018
This is over $5000? You can bring a small claims suit. Why would someone do this pro bono?
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.
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... View More
It was a dairy farm in Oswego county. Should I have my share deposited in an account with only my name on it?
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.
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.... View More
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.
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... View More
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... View More
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.
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.... View More
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.
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... View More
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... View More
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.
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?
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.
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?
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... View More
they blocked me apparently. what are my chances of taking it over and actually using it for my music?
answered on Dec 2, 2017
You can usually almost always use your name if it is your own name.
Since I filed Default and it was entered by court clerk first should the defendant not file any other response ?
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... View More
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.
anyone pay to register them if so?
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... View More
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