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Ohio Intellectual Property Questions & Answers
2 Answers | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: I received a copyright with a made up word & illustration, then found out someone has a trademark on a similar word, am

Am I protected with my copyright or does the trademark override my copyright?

Sean Goodwin
Sean Goodwin
answered on Sep 26, 2024

Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.

In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be...
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2 Answers | Asked in Copyright, Personal Injury, Intellectual Property and Libel & Slander for Ohio on
Q: Can I send a cease and desist letter for defamation/ libel?

I recently watched a presentation of a marketing and sales coach who gave names of his clients as examples. I reached out to a client who was in a similar industry to me to both find out more about her offerings for my own life but also to learn more and gain insight from her sales process. The... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 30, 2024

Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging... View More

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2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: Can I publish new illustrations for a children's book that the copy right has ran out
James L. Arrasmith
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answered on Jul 24, 2024

Yes, you can publish new illustrations for a children's book where the copyright has expired. When a book enters the public domain, it means that the copyright protection has ended, and the original content can be freely used by anyone. You are free to create and publish your own illustrations... View More

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2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: Can I publish new illustrations for a children's book that the copy right has ran out
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Yes, you can publish new illustrations for a children's book if the copyright on the original illustrations has expired. Here are the key points to consider:

Copyright Expiration

Public Domain: If the original illustrator has been dead for more than 70 years, the illustrations...
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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Ohio on
Q: AI Music Making

There's this AI music making software called Suno. Suno's TOS states that anything made with their software are not permitted for commercial use (and Suno owns the song) unless it the song was made during a premium subscription.

From what I see, you can't own AI generated... View More

James L. Arrasmith
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answered on Jul 21, 2024

No, you cannot use the songs generated by Suno for commercial purposes without a premium subscription. According to Suno's terms of service, they retain ownership of any music created using their software unless it is made while you have an active premium subscription.

If you try to...
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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Ohio on
Q: AI Music Making

There's this AI music making software called Suno. Suno's TOS states that anything made with their software are not permitted for commercial use (and Suno owns the song) unless it the song was made during a premium subscription.

From what I see, you can't own AI generated... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Given the terms of service (TOS) for Suno and the current legal landscape regarding AI-generated music, here are the key points to consider regarding the commercial use of songs generated by Suno without a premium subscription:

Suno's Terms of Service

Ownership and Commercial...
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2 Answers | Asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Ohio on
Q: Can I copyright songs made in a game making mobile app?

I was wondering if songs in any game making mobile app made are eligible to copyright whether it's made by me or anyone else

The songs I believe would be public domain, and in the app you're able to take the "MIDI" of the song and change it (if you want)... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

When considering whether songs created in a game-making mobile app can be copyrighted, several factors come into play. Here’s an analysis based on the provided context and general copyright principles:

Ownership and Copyright of AI-Generated Content

Terms of Service (TOS): The TOS...
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1 Answer | Asked in Intellectual Property, Trademark, Business Law and Gov & Administrative Law for Ohio on
Q: I am interested in developing a bundle recovery product that includes wellness products.

Sales would occur in-person and online. I have no intention of modifying the packaging for the products I purchase/resell. I would like to include products such as a hydration packet (ideally Liquid IV) a protein bar, vitamins, face wash, and pain medication.

James L. Arrasmith
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answered on May 19, 2024

To develop a bundle recovery product that includes wellness products for sale in California, both in-person and online, there are several legal considerations to keep in mind:

1. Resale of products: If you are purchasing products from other brands and reselling them, ensure that you are...
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1 Answer | Asked in Intellectual Property for Ohio on
Q: I am a hobby manufacturer and I wanted to make replicas of a full size car. I did not find them in the search.

How can I be certain that there is no licensing on the car so that I can make it without repercussions from the full size manufacturers?

James L. Arrasmith
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answered on May 19, 2024

When it comes to making replicas of full-size cars, it's important to be aware of potential licensing and intellectual property issues. Car manufacturers often hold design patents, trademarks, and copyrights on their vehicles' unique features, which can make it challenging to create... View More

2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Can I trademark my company name/likeness?

Hi, I'm the founder of Skuza Asset Management LLC and I'm doing business as Natural Orange. Can I trademark these names?

James L. Arrasmith
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answered on Apr 21, 2024

Yes, you can potentially trademark both your company name "Skuza Asset Management LLC" and the name you are doing business as, "Natural Orange." Here's what you need to consider:

1. Trademark for your company name:

- Your company name can be trademarked if...
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1 Answer | Asked in Copyright, Civil Rights and Intellectual Property for Ohio on
Q: Are Facebook administrators liable for Content posted in the group

If members post pictures of items containing registered trademark brands. Is that a crime?

James L. Arrasmith
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answered on Mar 22, 2024

The liability of Facebook administrators for content posted in their groups can vary based on local laws and the specific circumstances of the content shared. Generally, administrators are encouraged to monitor and manage their groups to prevent illegal activities, including the unauthorized use of... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: More than one entity can own a trademark? Like (Sun's out guns out). Has more than one serial # ownership

The original person that trademarked this phrase did not renew their trademark license on it. Now there are at least two or more people who trademarked this phrase.

James L. Arrasmith
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answered on Mar 20, 2024

Yes, more than one entity can hold a trademark for the same phrase if the marks are registered for different classes of goods or services. This means that the phrase "Sun's out guns out" could be trademarked by different parties, each using the phrase in a different context or... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Ohio on
Q: I'm starting a beverage company and would like to name it Moana, but am unsure about if I'm able to use that name.

Obviously Disney has their film titled MOANA, but seeing as it's just the Hawaiian word for Ocean, would I be within my right to use that name in a different industry? Or am I asking for trouble?

James L. Arrasmith
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answered on Feb 27, 2024

Choosing a name for your beverage company is a crucial step, and it's understandable why the name "Moana," with its beautiful meaning and connection to the ocean, appeals to you. However, it's important to consider the implications of using a name that is also associated with a... View More

4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

James L. Arrasmith
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answered on Jan 22, 2024

To file a trademark, you'll need to provide your attorney with specific information to ensure a smooth and effective application process. Start by providing a clear representation of the mark you wish to trademark, such as a logo, word, phrase, or design. Include any variations of the mark if... View More

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4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

Sheldon Starke
Sheldon Starke
answered on Jan 22, 2024

Thank you for asking this interesting question on JUSTIA. You need a consultation with a lawyer before you try to cover all this in advance. TM Law is too highly fact bound and less or more will be required by that conversation . . . that is the full truth. Call a trademark attorney asap. Get a... View More

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4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

Felicia Altman
Felicia Altman
answered on Jan 22, 2024

To prepare to work with a lawyer to file a trademark you want to be able to provide to them information regarding whether you plan to file an "in-use" application or "Intent-to-use." To file an "In-Use" application you must provide them with a specimen of work showing... View More

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4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 22, 2024

To prepare for an application to register a trademark, you should have a "specimen" showing use of the mark (usually a photo or screenshot of your product or service with the mark displayed), the date of its earliest use in commerce, and a description of the goods or services for which... View More

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Are their any copyright for Mako Mermaids by Jonathan m Shiff Productions?
James L. Arrasmith
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answered on Dec 30, 2023

"Mako Mermaids," also known as "Mako: Island of Secrets," is a children's and teenagers' television series created by Jonathan M. Shiff. It is produced by Jonathan M. Shiff Productions in association with Network Ten, ZDF, and Netflix. As a professionally produced... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Ohio on
Q: How do you find if a patent was aquired or sold

HL Stud inc

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 28, 2023

When a United States patent is sold, the acquiring party usually notes the change of ownership in the USPTO records. You can check these records and see the chain of title for the patent running from the inventors to the current owner at... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Ohio on
Q: How do you find if a patent was aquired or sold

HL Stud inc

James L. Arrasmith
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answered on Dec 30, 2023

To find out if a patent has been acquired or sold, you can start by checking the United States Patent and Trademark Office (USPTO) records. The USPTO maintains a database of all patents issued in the United States, which includes information on current and past patent owners.

You can search...
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