My business name is very similar to that of another business in a different state. We both provide the same type of services. Being in different states there's no problem, but at the end of 2023 the government is supposed to open up cross-State Licensing. I have no intention of performing... Read more »
answered on Mar 17, 2023
As the prior user, the other business could take action to terminate your use, even without a trademark registration. Registration is not required to obtain legal rights in a mark and the ability to terminate infringing uses. Use the Find a Lawyer tab to retain a local intellectual property... Read more »
answered on Mar 10, 2023
It depends on several factors, including whether the company has trademarked the name "Ten Back" or a similar name. If the company has a trademark on the name or a similar name, then using it without permission could be considered trademark infringement. It's also important to... Read more »
answered on Jan 31, 2023
When the term of the patent or the copyright expires.
The idea of a patent is a contract between an inventor and the public, as represented by the government. The inventor discloses the invention, which is valuable to the public, to the society, and gets something in return. The inventor... Read more »
When we mention a character, we'd like to be able to show that character without getting sued by Disney. And this podcast will be for profit, if that's relevant.
answered on Jan 12, 2023
Generally speaking, when it comes to using copyrighted images in a video podcast, it’s important to understand the laws surrounding copyright and fair use. In general, it is illegal to use copyrighted images without permission. However, there are certain exceptions to this rule, and one of them... Read more »
Okay. I'll explain what i need some advice about - it pertains to copyright. This will all sound a bit odd, so i apologize.
Im a writer. Im writing a fantasy prose story - something with a diesel-punk aesthetic. I'm using publicly free domain fantasy races - goblins, elves,... Read more »
answered on Oct 27, 2022
Yes, real lawyer here.
Although the copyrights for the DnD games and fiction are owned by Wizards of the Coast LLC, that does mean that the word "Artificer" by itself is the subject of copyright. "Artificer" is just a word in the dictionary and its use in original works... Read more »
I am looking to sell a product that would require this. I would like to avoid getting in trouble because of someone's patent.
answered on Oct 20, 2022
That will require patent search of the US Patent and Trademark Office records by a patent attorney. Use the Find a Lawyer tab to retain a local patent attorney who can meet with you review your design and do a patent search to determine patentability or any issues of patent infringement.
Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different.
answered on Sep 30, 2022
The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement.
I have multiple ideas/inventions and i don't know how to explain my ideas to investors to get funding without having a patent to protect my ideas. But I don't have the funding to pay for a lawyer and everything to get a patent. So what could I do to protect myself and my ideas while... Read more »
answered on Jul 31, 2022
This is one of the most frequently asked questions. You can't get funding without patents, and you can't get a patent without money. It is a Catch-22.
Here are some guidelines:
(1) You need to recognize that ideas by themselves are not protectable. If you have an idea... Read more »
I discovered and invented the method for the preparation of a nanocomposite when working as a postdoc at that institution, I have written a manuscript about the method when working there but I left the job, and I have the photocopy of all my experiment records about the method. I just noticed that... Read more »
answered on Jun 28, 2022
This is not a DIY thing. You will need to contact a patent attorney who will compare your manuscript with the issued patent. It is likely that the university had agreements in place where you would have had to assign your rights over to the university. They may or may not give you a cut of any... Read more »
My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.
I am concerned because, outside of my current employment. And outside of my current employers scope of business. I wish to pursue several patents.
The wording of this document... Read more »
answered on Jun 8, 2022
Use the Find a Lawyer tab to retain a local intellectual property attorney who can review the document, your current activities regarding other patents, and then advise you accordingly of any changes to the document before you sign it.
Hello,I own a landscaping business it’s been established since 2019 . In 2021 I noticed a new landscaping company With too much of a similarity to my company name. It wasn’t a problem till a this months when We started receiving backlash and constant phone calls of upset clients of theirs .... Read more »
answered on Jun 1, 2022
Use the Find a Lawyer tab to retain a local intellectual property attorney to review the facts and discuss sending a cease and desist letter raising issues of unfair competition, deceptive trade practices, and infringement against the other company.
answered on Nov 16, 2021
If the previous owner is not still using the mark (a mark does not have to be federally registered to stop your registration), or if the trademark was not abandoned due to opposition by a 3rd party (who may turn around and oppose your use), or if no one is currently trying to register the mark (the... Read more »
I had left my friend borrow 5,000 almost 15 years ago. To ensure they would pay me back he left me with his vehicle that was valued at almost 60,000 back in 2006. He never returned and I have not been able to get ahold of him by phone or by mail. Please advise I am in the state of Ohio. I know I... Read more »
answered on Oct 18, 2021
This forum is solely for intellectual property. You will need to contact an attorney who specializes in tangible property.
He’s been staying with us for awhile, he hasn’t paid rent this month and hasn’t paid bills from the month prior. He also made himself a liability when he constantly gets drunk and plays with his firearms. When confronted, he verbally threatened my fiancé while I was at work and told us he... Read more »
answered on Sep 8, 2021
If rent is unpaid, deliver a 3-day notice to vacate, then file an eviction action. If you just change the the locks and throw his things outside, he could sue you for wrongful eviction. Use the Find a Lawyer tab to retain a local attorney to assist you.
I'm a designer. The item is available for public availability on the company website and in advertising. It's to showcase for my personal portfolio for future employers. I signed an NDA when I was hired and our employee handbook shows my employer has exclusive rights to anything and... Read more »
answered on Aug 18, 2021
Depending on what it is you probably are out of luck
Consult with an attorney
You may be able to create something similar to show, something that is not infringing in your employer's rights
whereas the invention maybe established has another patent filing or if the patent has been granted for the mentioned patent application would it be an considered an infringment if the method is used on another product?
His looks are pretty similar, slightly different. He has a completely original backstory, different motivations for going after Belle, and a different death than he does in the movie.
answered on May 18, 2021
Maybe, it depends.
You need to consult with an attorney before you get into any trouble.
answered on Dec 28, 2020
Many, many.
From a cease and desist. To a formal lawsuit and damages.
Consult with an attorney.
I have been working for the same company for the past 17 years. Over that time I have developed several applications and databases to make both my and my coworkers jobs easier. These systems were mostly done without direction from management, who took a hands off approach to development, though a... Read more »
answered on Dec 22, 2020
Vey tricky question.
If what you did was paid for, directly or indirectly and with the purpose of benefiting the company, they can make an argument that it is theirs.
Check if you signed anything at the beginning of your employment.
Also, this may be a bargaining chip for... Read more »
I'd like to print and sell drawings from expired patents as art pieces. Is this legal?
answered on Sep 3, 2020
Drawings included in a published patent application are in the public domain, under long standing US law. In the unlikely event that a copyright notice is included on the patent drawing in the patent application, you should look twice. But, in most cases you can do whatever you want with... Read more »
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