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Ohio Intellectual Property Questions & Answers
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... View 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 /... View More

Kevin E. Flynn
PREMIUM
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
Andrew Zulieve
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... View 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... View 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.... View 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...
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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... View 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... View 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...
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2 Answers | Asked in Business Formation, Contracts, Intellectual Property and Trademark for Ohio on
Q: I am entering a partnership with someone and need assistance on how to protect myself.

She is making shirts and wants my artwork on them. We are combining businesses and it'll be 50/50. It's fair but if this doesn't work out in the long run how do I protect my artwork and business name? Will we both be able to produce the shirts still afterwards? Will she end up with... View More

Joseph Jaap
Joseph Jaap
answered on Aug 22, 2017

You are prudent to seek assistance for your business relationship and protection of your artwork - before you begin. Use the Find a Lawyer tab and contact a local business attorney who can advise you and answer questions about business formation and copyright protection.

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1 Answer | Asked in Intellectual Property and Trademark for Ohio on
Q: How can someone trademark fairy dust?
Dr. Jamie Cuticchia
Dr. Jamie Cuticchia
answered on Jul 26, 2017

A trademark is mark which is associated with goods or services. It originates from the use of specific insignia by silversmiths in England to differentiate their work from another.

In order to trademark "fairy dust, " first the mark cannot already be in use for the class of goods...
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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Made a logo for business as a favor for a friend who worked there but is now gone. Can I order cease and desist

Designed a simple logo for a friend to use at his place of employment a few years back, but they just recently forced his resignation and I no longer want them to use my logo. I was never paid for the logo and never gave any sort of formal rights of ownership to them, just sent him the file and... View More

Will Blackton
Will Blackton
answered on Jun 28, 2017

You were not an employee of this company, so absent a written transfer of rights, you retain the copyright in your work. As to the rest of your questions, an attorney will need to review any communications between you and your friend or his former company to determine what your rights may be.

3 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: is it copy right infringement if I change all of the words and numbers from college exams and profit of off it?

The university exams are copyrighted by professors. I am planning on altering all the numbers, words and images before I start selling them online.

Joseph Jaap
Joseph Jaap
answered on Jun 7, 2017

It could be infringement. Access + similarity = infringement. If the professors have registered copyrights in those exams with the US Copyright Office, they can seek statutory damages for each item infringed. 17 US Code Section 504(C)(2): "In a case where the copyright owner sustains the... View More

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1 Answer | Asked in Business Law, Intellectual Property and Trademark for Ohio on
Q: friend came up with a slogan for a shirt, I created the design for it. I want to use it as my company name. Do I owe him

Now he did not pay me or even ask me to make it I just did it based off our conversation. After I made the design I tried to sell it to him but he didn't want it. A few months later I wanted to create a design company using that slogan as the name. I want to use the design as my logo. Would I... View More

Joseph Jaap
Joseph Jaap
answered on Jun 5, 2017

A slogan is usually too short for copyright protection, so must be protected as a trademark or service mark. That either requires registration with the state or being used in commerce. If he has not registered it or used it in business, then he probably could not succeed on a claim against you.... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: If my idea of invention is already patented by another individual yet not invented, what are my options? Thank You!

I recently discovered that my idea of invention had already been patented by another individual 5 years ago. However, the product is not available to this day and I passionately wish to bring this invention to life. What are my options?

Joseph Jaap
Joseph Jaap
answered on Dec 27, 2016

You can contact the patent owner and negotiate a license from the patent owner to produce the product or purchase the patent rights. Consult a local patent attorney.

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1 Answer | Asked in Intellectual Property for Ohio on
Q: As a marketing intern at a brewery, after I left they're using my logo on EVERYTHING. Should I be asking them to pay me?

-I specifically told them that my logo was temporary until they hired a design agency.

-Now are using my logo on their building, beer, shirts, stickers, etc.

Matthew Williams
Matthew Williams
answered on Feb 22, 2016

Did you have a written contract with them for the internship? Did you design the logo during your internship? At work? Etc. It is fairly standard practice for companies to insert language in contracts which grants the company, not the individual, the rights to things the individual designs on the... View More

1 Answer | Asked in Intellectual Property for Ohio on
Q: Is this considered fair use of a trademarked logo?

I would like to add a section on my website that says "As mentioned in..." (or something to that extent), and show the logos of the companies that mentioned my business. My company has been mentioned by some higher-profile organizations, and I'd like to 'flaunt' it a bit... View More

Matthew Williams
Matthew Williams
answered on Aug 3, 2015

Generally, this sort of thing is not a problem.Trademark laws are primarily concerned with situations where confusion concerning whose product is being purchased could result, i.e., where a customer could be mislead believing your product is the same or is backed by a more established company. It... View More

1 Answer | Asked in Intellectual Property for Ohio on
Q: Time warner sent me a letter saying they where going to give my name and address to the court for downloading .

What would be my next move.Should I try to fight it ? should I just wait.

Nathan Roach
Nathan Roach
answered on Apr 15, 2011

Unfortunately, these kind of cases are increasingly common. Depending on your situation, the EFF may be able to recommend a lawyer near you.

https://www.eff.org/pages/legal-assistance

Often times, the subpoena notice from your ISP will give you an opportunity to contest the release...
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