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Oregon Intellectual Property Questions & Answers
2 Answers | Asked in Trademark, Intellectual Property and Copyright for Oregon on
Q: Can I use the name "M.A.S.H" for a short story when "M*A*S*H" is trademarked?
Sean Goodwin
Sean Goodwin
answered on May 15, 2024

The short answer is "most likely, yes."

The M*A*S*H trademark is limited to "a comedy television series."

The writers of that TV series will have a copyright for those TV scripts. So, you may not make a derivative story about any of the characters from that TV...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: If i have a phrase that i would like to be protected, what are the legal hurdles that i would go through and the cost?

is it only through the USPTO TESS and copyright.gov web sites? specifically the costs involved what are they and what would be the timeline of start to completed if everything is successful

Alan Harrison
Alan Harrison
answered on May 8, 2024

Attorneys will be reluctant to quote our fees in a public forum like this. Different attorneys may think that filing and prosecuting a trademark application is easy and should be cheap, or difficult and should be expensive. The USPTO will charge either $250 or $350 per "class" of goods or... View More

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: If i have a phrase that i would like to be protected, what are the legal hurdles that i would go through and the cost?

is it only through the USPTO TESS and copyright.gov web sites? specifically the costs involved what are they and what would be the timeline of start to completed if everything is successful

James L. Arrasmith
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answered on May 9, 2024

To protect a phrase, you can consider trademark registration through the United States Patent and Trademark Office (USPTO) or copyright registration through the U.S. Copyright Office. Here's a breakdown of the legal hurdles and costs involved:

Trademark Registration (USPTO):

1....
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3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Do I have to get a registered trademark to sell shirts/hats with my YouTube name or logo?

I’m starting a YouTube channel and want to sell my own merchandise through print on demand. Shirts and hats with my logo and YouTube name on it. I don’t have a bunch of upstart money, so do I have to register a trademark through the US government before I can sell?

James L. Arrasmith
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answered on Mar 4, 2024

No, you are not required to register a trademark through the US government before you can sell merchandise like shirts and hats featuring your YouTube name or logo. Trademark registration offers legal protections, including the exclusive right to use the mark in connection with the goods or... View More

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3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Do I have to get a registered trademark to sell shirts/hats with my YouTube name or logo?

I’m starting a YouTube channel and want to sell my own merchandise through print on demand. Shirts and hats with my logo and YouTube name on it. I don’t have a bunch of upstart money, so do I have to register a trademark through the US government before I can sell?

Jim Boness
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answered on Mar 6, 2024

In the US, formal trademark registration is not a prerequisite for selling products bearing your logo or brand name. Consider these points:

Common Law Trademark Rights: Your use of a unique logo and brand name in business operations instantly grants you common law trademark rights. This...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Oregon on
Q: Hi, Can a person sue another for a design infringement without having a design patent?

If the products looks similar but both were designed based on prior art teachings. While the accused product is not using any logos/name/images of the first. And the accused product has feature(s) to specifically tell the ordinary observer (both visually and in description) that there is this... View More

James L. Arrasmith
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answered on Feb 25, 2024

Yes, it is possible to sue for design infringement even without having a design patent. Design infringement claims can be based on various legal grounds, including trade dress, copyright, and unfair competition laws. However, the success of such a lawsuit would depend on the specific circumstances... View More

3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license

Do I need to get a trademark or register it?

Felicia Altman
Felicia Altman
answered on Dec 4, 2023

When writing a Children's Book the best protection is the copyright protection for the book. Be sure to once the final version of the book is complete to register the work with the Library of Congress. A copyright is not protected in court without being official registered work. The... View More

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license

Do I need to get a trademark or register it?

Jim Boness
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answered on Dec 5, 2023

You have a couple of options for protecting your original work, as described. The first would be to copyright the book, or books, you write. You could do them individually (single author, same claimant, one work, not for hire) and pay the $45 dollar e-copyright registration fees for each.... View More

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2 Answers | Asked in Intellectual Property and Trademark for Oregon on
Q: Could I legally use the name all the smoke as the name of my spice blend. Of course, it wouldn't be the company name
Jim Boness
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answered on Oct 2, 2023

This is not a copyright question, but really belongs in the realm of trademark law. Whether you can use any particular name for a product or business cannot be answered unless and until you do a thorough name clearance search. Yes, they do cost money, but the money spent upfront can be considered... View More

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2 Answers | Asked in Intellectual Property and Trademark for Oregon on
Q: Could I legally use the name all the smoke as the name of my spice blend. Of course, it wouldn't be the company name
James L. Arrasmith
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answered on Oct 15, 2023

Using "All the Smoke" as the name of a spice blend is contingent upon whether the phrase is already trademarked in a similar category of goods. To determine its availability, you would conduct a trademark search in the United States Patent and Trademark Office (USPTO) database. If... View More

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Oregon on
Q: Is it a violation of copyright to publish and monetize (ads) AI summary of other people's youtube videos about crypto?

There are many online content creators in the finance and investing space. With so much information and so little time, I want to summarize videos and publish them, along with metadata and trend/sentiment analysis, to a website that may be monetized through ads and/or subscription for custom feeds.... View More

James L. Arrasmith
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answered on Aug 29, 2023

Summarizing other people's content and monetizing it could potentially expose you to copyright infringement claims under federal law, especially if the summaries capture the essence or key elements of the original work. The Fair Use doctrine allows for limited use of copyrighted material... View More

2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Can I use my own registered trademarked logo within graphic artwork and if I do can it be modified in any way?
James L. Arrasmith
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answered on Aug 6, 2023

You may generally use your own registered trademarked logo within graphic artwork. However, any modifications to the logo should be done with caution to avoid weakening the distinctiveness of the registered trademark and potentially infringing on the rights of others. It is advisable to consult... View More

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2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: How do I trademark my art work so I can share it to my business social media safely
James L. Arrasmith
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answered on Mar 10, 2023

To trademark your artwork, you can file an application with the United States Patent and Trademark Office (USPTO). A trademark protects the use of a word, phrase, symbol, or design that identifies and distinguishes the source of the goods or services of one party from those of others. To apply for... View More

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2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: How do I trademark my art work so I can share it to my business social media safely
Jim Boness
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answered on Mar 3, 2023

Trademark signifies a source of goods or services. Unless your artwork serves as a logo (which can be trademarked), you would have to demonstrate to the USPTO that the elements of your artwork are distinctive and unique enough (secondary meaning) to qualify as a source of goods. This can be... View More

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1 Answer | Asked in Intellectual Property for Oregon on
Q: When does this patent expire? Patent 6 883 446 B2 Patent 7 325 502 B2
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 6, 2021

you can google it or look into public pair

best luck

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Can I trademark Floyd D Duck? I think the trademark has lapsed
William Scott Goldman
William Scott Goldman
answered on Jul 8, 2020

Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to... View More

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3 Answers | Asked in Copyright and Intellectual Property for Oregon on
Q: How do I get copyright of my photos?

I have a store on eBay and noticed that other sellers are using them without my permission and now I found a company using my photos .. its frustrating because I took the time, patience, and dedication to take each photo and for someone to just use them is not fair, I've tried contacting the... View More

Barbara Berschler
Barbara Berschler
answered on May 26, 2020

Without doing anything special, you already own the copyright in your photos. That being the case, you could proceed under the Digital Millennium Copyright Act (DMCA) to notify the internet service provider where the photos are being displayed. Check the Terms of Use of the ISPs to follow the... View More

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2 Answers | Asked in Copyright and Intellectual Property for Oregon on
Q: I made a song with a free beat that the creator allows anyone to use and someone else who doesnt own it Copyrighted me

They have whole different lyrics just the same beat and they copyrighted my song causing me to unwillingly forfeit all future revenue I may make and I was wondering what I can do about it legally

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 8, 2020

Unsure, as your information does not exactly make sense. The person who wrote the beat owns the copyright to that part, you would own the copyright to your lyrics. The other person would own the rights to their lyrics.

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Oregon on
Q: This is Michael Tallen need to talk to lawyer about above patent.

This patent is worth $100sM and I did everything and got $1. Dennis Fenton threatened his way onto the patent. He threaten me even recently and is worth over $600M

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 27, 2018

I sent a message to your LinkedIn account. If you want to talk, please give me a call.

1 Answer | Asked in Intellectual Property for Oregon on
Q: If I have an idea and I would like to sale it to a company,and I want to guarantee that they don't steel it

I want to make sure they don't just steal it without paying me, what kind of agreement form do I need?

Benton R Patterson III
Benton R Patterson III
answered on May 14, 2018

It depends on what the idea is. If it falls under patent, trademark, or copyright law, you should take the respective action to secure it (prosecute a patent or trademark application or register your copyright). If it does not fall under one of those categories, it may be a trade secret, in which... View More

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