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Ohio Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Real Estate Law for Ohio on
Q: Grandfather passed away and didn't leave his 2 properties to anyone.

Other family members and myself are going through probate court now, and I'm residing at the property. I have to leave state and wanted to know if there away I can have a friend handle all affairs regarding the property?

Joseph Jaap
Joseph Jaap answered on May 20, 2020

The probate court will appoint an executor (if he had a will) or an administrator (if he did not) to handle the estate. That is the person who should handle the property. Or that person can hire a property manager to do it. Ask the attorney assisting with the estate about it, or if there is no... Read more »

1 Answer | Asked in Intellectual Property and Real Estate Law for Ohio on
Q: I purchased a property in 2011 which I believed to consist of 8 lots. Recently discovered we may not own 2

I recieved the survey showing all 8 lots. But recently I discovered the the county auditor shows we do not own the 2 lots in the middle of our back yard. I checked the deed and they are not on the deed but they show on the survey. There is no way for the person it says owns them to access them what... Read more »

Joseph Jaap
Joseph Jaap answered on May 12, 2020

If your contract was for the purchase all 8 lots, and you paid for all 8, how did 2 get omitted? Was it a mistake in the deed preparation? What did your 2011 purchase contract say? Did you obtain owner's title insurance when you purchased the lots? Are the auditor's records correct?... Read more »

2 Answers | Asked in Intellectual Property for Ohio on
Q: If I had an idea for a new product but could not afford the cost of a patent , I sent myself a post office sealed

envelope with all the details inside . Would it hold up as a legal document if the idea was patented by someone else at a later date ?

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Mar 3, 2020

No. It will not help. Patents do not protect "ideas" - The only thing that is protected is the "structure" that allows the "idea" to work. The structure is the thing that is protected. What is subject to Patent Protection? it is a new structure that does... Read more »

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1 Answer | Asked in Business Formation, Civil Litigation, Copyright and Intellectual Property for Ohio on
Q: Do I need to pay to research a copyright where one is claimed but cannot be found in US Copyright Offices online search?

This is regarding a litigation I would like to bring to light in Ohio. Its very specifically plagiarism and the plagiarist has even used my penname. There are many specific parts of this that make it very difficult, one being I was a minor aged 13 when I wrote it and the law says I have no right to... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 27, 2020

It’s technically infringement because copyright protection begins when you put pen to paper. However, you must prove that you created the work in the first place. That might be tough to do in your predicament. Always a good idea to register your works with the copyright office, and always use an... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Under fair use, is a 501(c)(3) non-profit org permitted to use copyrighted images in a YT video for educational purpose?

I'm talking about still (not moving) images, obtained without a license, in a video work that criticizes religious or political developments for the sake of advancing public knowledge, without any profit motive whatsoever, and without any financial gain.

Joseph Jaap
Joseph Jaap answered on Jan 27, 2020

If you are sued for infringement, fair use would be your defense in court. But the outcome would depend on all the facts and evidence submitted to the court. Sometimes the person with the most money to spend on litigation wins. If the court finds it is an infringement, and not a fair use, it can... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: I would like to have a hard copy of a patent I originated. How much does that cost?

Worked for Lennox Industries for 19yrs; this was my final project. Even the events to my termination were questionable; at best, in my estimation.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 28, 2019

Congratulations on being an inventor on a US patent. You can download a PDF of the patent at https://patents.google.com/patent/US10337727B2/en?oq=10337727 and then print the patent out.

If you want the patent on some thicker stock, you can buy one from the USPTO for $3. I have not done...
Read more »

1 Answer | Asked in Civil Rights, Intellectual Property, Land Use & Zoning and Real Estate Law for Ohio on
Q: I was rented home by a scammer real owner showed up with police saying I had to leave by Monday that property is vacant

I have a lease from scammer I’ve paid 1000 deposit and 850 first months rent what are my rights can they really make me leave like that

Joseph Jaap
Joseph Jaap answered on Aug 30, 2019

If the police don't force you out, the owner could file criminal trespass charges against you, and also file an eviction against you. Try to work it out so that an eviction and charges are not filed against you, since those are permanent public records, and can make it difficult for you to... Read more »

2 Answers | Asked in Intellectual Property for Ohio on
Q: I have a software company; how do I file a trademark for my brand?
Andrew H Stevens
Andrew H Stevens answered on Jul 23, 2019

You can file trademarks at two levels - the state level and the federal level.

The federal level generally provides the stronger trademark, and you file with the U.S. Patent and Trademark Office.

Given that you're software, you'll probably want to file in international...
Read more »

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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Ohio on
Q: Do I need permission to organize an event with a "where's Waldo" theme? Does this infringe on the current copyrights?
Joseph Jaap
Joseph Jaap answered on Jul 16, 2019

If you use images of Waldo and other recognizable features of the books, then yes, it would infringe the copyright. Getting permission might be difficult to track down the owner. The book publisher might have the rights, or the author might have retained them. Use the Find a Lawyer tab to retain... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Are there any patents for online databases for gravesites/cemeteries?

For example, a site to where a User can search a specific section of a cemetery/gravesite or the entire cemetery as a whole and looks for certain groups, people of interest and whatnot?

Sean Erin Serraguard
Sean Erin Serraguard answered on May 10, 2019

I'm not aware of any such patent and a cursory search of the available databases don't turn up any such patents. (though there was an interesting one which incorporated video into a gravestone!) However, this doesn't tell us if one exists either in the US or in other jurisdictions.... Read more »

1 Answer | Asked in Intellectual Property for Ohio on
Q: I live in Ohio. Found misc property on road. No owner identifying info. Can I keep?

Not money or a phone. Googled it and value is around $300

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 18, 2019

In Ohio, so long as you cannot reasonably find the owner of said property AND you did not find it on a private road, it sounds like you'll be ok. This sounds like lost property under Ohio law. You're going to be obligated to make a good faith effort to find the true owner. Easiest way... Read more »

1 Answer | Asked in Trademark and Intellectual Property for Ohio on
Q: Is the term "Food Revolution" trademarked?
Joseph Jaap
Joseph Jaap answered on Apr 18, 2019

A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not... Read more »

1 Answer | Asked in Family Law and Intellectual Property for Ohio on
Q: Man's new partner writing children's book, using child's real name. Legal mother doesn't know. Is this legal?
Joseph Jaap
Joseph Jaap answered on Apr 10, 2018

It isn't against a law. But the custodial parent might have a civil claim for invasion of privacy or unauthorized use of the child's name or likeness without permission. So the author is risking a lawsuit and should use the Find a Lawyer tab to consult a local attorney, or use a... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: can I patent an ingredient in animal feed to prevent other feed companies from using it?

I have researched benefits of specific vegetables and fruits and started using them in animal feed production with great results in animal health and performance. No other feed company includes these ingredients in their feed. Can I patent this to prevent competitors from duplicating my feed /... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Mar 31, 2018

Starting in March of 2013, the rules for what could be patented changed. See https://www.law.cornell.edu/uscode/text/35/102

The relevant text is

A person shall be entitled to a patent unless—

(1) the claimed invention was patented, described in a printed publication, or...
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1 Answer | Asked in Intellectual Property for Ohio on
Q: My mother left me the intellectual property of her late husband a Grammy Award winner, in her will. How do I protect it

Others are using the name and music of my late step father without my permission. What can I do?

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Mar 29, 2018

I suggest that you discuss the matter with an attorney with expertise in intellectual property law. She or he can advise you if copyright still subsists in each of the works and what rights, if any, exists in connection with the use of a deceased person's name. If there is good reason to... Read more »

1 Answer | Asked in Family Law, Domestic Violence, Intellectual Property and Small Claims for Ohio on
Q: What if you're recently 18 and left a bruise on your younger brother?

My brother wasn't listening to me telling him to go upstairs after screaming at my other brother for hours and was being obstinate for 15 minutes about going up the stairs saying I wasn't letting him when I clearly just wanted him to go upstairs and I kicked him in the hip and left a... Read more »

Matthew Williams
Matthew Williams answered on Mar 23, 2018

Well, you just confessed to domestic violence, a first degree misdemeanor punishable by up 180 days in jail and a fine up to $1,000. So there's that.

1 Answer | Asked in Intellectual Property and Trademark for Ohio on
Q: I filed a LLC 8 ish months ago called Simple Shower Club LLC someone emailed me from simple shower saying its tm infring

ement. I do not have a trademark but it says its still available.

Joseph Jaap
Joseph Jaap answered on Jan 29, 2018

Use the Find a Lawyer tab to retain a local intellectual property or trademark attorney to review all the facts and advise you whether it could be an infringement or not, and what are your options. There are significant penalties for trademark infringement.

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Is a copyright on a Sound Recording valid if the entity registering the copyright never existed?

The person who took responsibility for registering the SR Copyright on a CD of original music and was supposed to finalize the legal paper work for the entity that was going to "own" the copyrights didn't actually finish the registration of the business entity to own the copyrights.... Read more »

Griffin Klema
Griffin Klema answered on Jan 17, 2018

Yes, the copyright (i.e. the legal right, not the registration) should still be valid. A copyright registration which includes erroneous information can be corrected. Review the procedures under section 1800 of the copyright office Compendium.

Regarding ownership, a copyright is always...
Read more »

1 Answer | Asked in Copyright, Antitrust, Business Law and Intellectual Property for Ohio on
Q: My eBay listing keeps getting removed because my "listing used their copyrighted image without permission."

I keep trying to sell a Klipsch headset on eBay. I took the pictures of the product myself, but I keep getting my listing removed, because Klipsch is claiming copyright infringement over my images. They are my own pictures I took myself, and I feel I'm being harassed by Klipsch. Klipsch is... Read more »

Benton R Patterson III
Benton R Patterson III answered on Oct 7, 2017

Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.

1 Answer | Asked in Insurance Defense, Intellectual Property and Consumer Law for Ohio on
Q: My insurance policy ended on 9th. Later on in the day when I realized I purchased different insurance from geico online

45 mins. Later husband got off work and rear ended someone and now both insurances refuse to cover. Geico says there was 5 min. Difference in when I started which is not true. When I finished purchasing it said I was covered. When husband called and needed proof of insurance for cop I called geico... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Sep 13, 2017

You need to obtain the electronic mail to and from Gieco to determine whether policy was in effect. In addition, your previous insurance company may have continued the policy of insurance for a short period of time after the cancellation for non-payment.

If you cannot obtain the email...
Read more »

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