Oklahoma Intellectual Property Questions & Answers

Q: Strangers broke down left their car on my property. Tried calling them, phone is off. Been here 25days. How to claim $?

1 Answer | Asked in Intellectual Property and Small Claims for Oklahoma on
Answered on Jun 8, 2018
Andrew Zulieve Esq's answer
File a report with the local police and let them investigate the matter for possible criminal charges.

Q: A cork maker owns their trademark in wine, but not for household goods, which I want for a corkscrew. Can I trademark?

1 Answer | Asked in Intellectual Property and Trademark for Oklahoma on
Answered on Feb 8, 2018
Benton R Patterson III's answer
There is really not a clear answer here. It is possible the other trademark owner may oppose your trademark registration or sue you for trademark infringement. The fact that the two marks are in different classes does not necessarily mean consumers are unlikely to be confused by the two marks. The fact that the customers of each business are different is relevant, but not conclusive. I recommend speaking with a trademark attorney to evaluate all the facts to determine your chances of...

Q: Is it legal to 3D Model off a patent?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Oklahoma on
Answered on Aug 4, 2017
Peter D. Mlynek's answer
If a patent is expired, then whatever is in the patent is generally considered in public domain, meaning, that anyone should be able to use it. There may be some weird exception to this, but that is the whole idea behind patents: the inventor discloses the invention to the society, and return the society lets him go after infringers for a limited time. Once the time expires, it belongs to the society.

However, you do need to be careful, though: there may be other patents out there....

Q: IN CASES OF COPYING AND SELLING OF COPYRIGHTED MATERIALS DOES THE SUPRMACY CLAUSE APPLY

1 Answer | Asked in Intellectual Property for Oklahoma on
Answered on Oct 8, 2015
Terrence H Thorgaard's answer
Copyright protection is governed by federal law. The Supremacy Clause declares that federal law supersedes inconsistent state law. So yes, if there are state laws in the picture (although it is hard to imagine that being), they would probably be superseded by federal law.

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