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Pennsylvania Intellectual Property Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: What Rights can I exclude over trademark name WeatherShield Inc?

My Uncle and his associates started a Company in PA Called "WeatherShield, Inc" in 1976 w/ a soon registered DBA of AllWeatherShield for phone book listings. The business was Selling and Installing Siding, windows, Doors, and Insulation Services. What Rights can I push to capture too... View More

Alan Harrison
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answered on Sep 15, 2024

Your ability to expand and protect the WEATHER SHIELD mark nationally will be affected by whether there already are other national or regional brands that have been using similar marks for similar goods or services. Your scope of protection will be limited to goods and services for which you have... View More

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1 Answer | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: Hi I want to use a cancelled trademark (cancelled in 2006) to be a wine label for commerical purposes. Can I?

The trademark was a store chain in a different business sector. I want to use the graphic and use a play on words for the wine label. The idea is to play on nostalgia from the 1980s. Since the trademark is cancelled and I am not using it in the same sector of business and as well, am changing... View More

James L. Arrasmith
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answered on Jun 3, 2024

You can use a cancelled trademark from 2006 for your wine label, but there are important considerations to keep in mind. Since the trademark was in a different business sector and you plan to change one word, your use might not be seen as infringing. However, even cancelled trademarks can still be... View More

1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Copy right issue after business buy out

Hello, I had prior business buy out due to conflict settlement. The person is still having my profile pics as being its owner. How can I file a case and what’s the outcome.

James L. Arrasmith
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answered on Apr 15, 2024

In a situation where your former business partner continues to use your profile pictures without permission after a business buyout, you may have grounds for a legal case based on copyright infringement and potentially misappropriation of likeness. Here's what you can consider:

1....
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2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: Is there anything I can about my podcast name getting trademarked?

Started a podcast in 2016 and was planning to trademark the name last year, but I noticed a podcast that started after ours and were former fans of ours, trademarked the name in January 2022.

T. Augustus Claus
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answered on Feb 6, 2024

If you started using your podcast name in 2016 and discovered that former fans of your podcast, who started their podcast after yours, successfully trademarked the same name in January 2022, you may still have options to challenge their trademark registration. In the United States, trademark rights... View More

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2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: Is there anything I can about my podcast name getting trademarked?

Started a podcast in 2016 and was planning to trademark the name last year, but I noticed a podcast that started after ours and were former fans of ours, trademarked the name in January 2022.

James L. Arrasmith
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answered on Feb 23, 2024

It can be frustrating to discover that another podcast has trademarked a name similar to yours, especially if you've been using it for several years. However, trademark law can be complex, and the timing of trademark applications can impact the outcome. If the other podcast successfully... View More

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1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: What is the legal precedent for using part of a song lyric in a book title?

I am working on a book and would like to use a portion of one of my favorite artist's song lyrics in my book title because it fits the subject of the book (this phrase is only between three and five words and is not the title of the artist's song, album, nor is it a complete lyric from... View More

James L. Arrasmith
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answered on Feb 4, 2024

Using a portion of a song lyric in your book title can raise copyright and intellectual property concerns. When you want to incorporate someone else's copyrighted work into your own, you may need permission from the copyright holder, usually the songwriter or their publishing company. This is... View More

2 Answers | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Can I use TV show audio clips on my podcast?

We will be discussing different true crime cases and breaking down true crime show episodes. Are we able to use short audio clips from the show we are discussing?

James L. Arrasmith
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answered on Feb 4, 2024

Using TV show audio clips on your podcast, especially for the purpose of discussing and analyzing true crime cases, can potentially raise copyright issues. TV show audio clips are usually protected by copyright, and using them without permission could infringe on the copyright holder's rights.... View More

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2 Answers | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Can I use TV show audio clips on my podcast?

We will be discussing different true crime cases and breaking down true crime show episodes. Are we able to use short audio clips from the show we are discussing?

Simone Nisbett
Simone Nisbett
answered on Feb 2, 2024

It is always best to obtain rights clearance/permission to use the works of others, including audio/video clips, especially if you’ll be generating any for-profit revenue. Commercial endeavors are typically less likely to be treated as fair use. However, you may have the benefit of claiming fair... View More

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Pennsylvania on
Q: A person took all my kids photos from my Facebook and made a Facebook account and Added it collection of photos of kids

He also likes all the elementary school posts

James L. Arrasmith
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answered on Dec 19, 2023

In such a situation, it's important to take immediate action. First, you should report the unauthorized Facebook account to Facebook. They have specific procedures for dealing with accounts that improperly use personal images, especially those of minors.

You may also want to contact...
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1 Answer | Asked in Civil Litigation and Intellectual Property for Pennsylvania on
Q: Can I secretly record my blackjack play for my youtube channel in a casino in the states of MA, WV and PA? Public place?

Im not sure since the casino already records us and its a public place but its also a two-party consent place. The people already know they are being recorded because its a casino. So because that's implied is it okay if I record? What if I record and blur their faces does that make it legal etc?

James L. Arrasmith
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answered on Dec 14, 2023

Recording your blackjack play for a YouTube channel in casinos in states like MA, WV, and PA involves several legal considerations. First, it's important to understand that casinos, while public places, have their own rules and policies about recording inside their premises. The fact that... View More

Q: Can I develop a new product that I'm already existing products?
Tim Akpinar
Tim Akpinar
answered on Oct 30, 2024

From the way the question is written, it's not fully clear exactly what you wish to do, but it looks like your concerns might be related to intellectual property issues. You don't want to be accused of infringing on the designs of other products out there or getting into trouble with... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Pennsylvania on
Q: Is this already approved?If yes, do the author need to sign an acknowledgment for releasing the patent?

I'm one of the co-author.

James L. Arrasmith
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answered on Dec 14, 2023

If you're asking whether a patent has already been approved, it's essential to check the status of the patent application. This can typically be done through the United States Patent and Trademark Office (USPTO) database. If the patent has been granted, it will be listed as such in their... View More

2 Answers | Asked in Business Formation, Trademark and Intellectual Property for Pennsylvania on
Q: Hi, I want to start running leadership trainings by a certain name. I found another company that does yoga trainings

Hi, I want to start running leadership trainings by a certain name (let's say ABC trainings). I've done a google search and found another company with the same name that teaches yoga trainings (ABC yoga trainings). Can I still use the company name or is this a bad idea? We're both in... View More

Michael Cherewka
Michael Cherewka
answered on Nov 2, 2023

Much of answer here is going to be dependent on how the yoga company "registered" its name (or if it even registered its name). If it is only a Fictitious Name Registration (which is more of a "notice" filing in Pennsylvania than an "ownership" filing) or the filing... View More

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1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: If I wanted to get a one time permission to create a cookie with the Aperol logo on it, who would I write to?

I have been asked to provide this design on a cookie, for a bridal shower, and I'm wondering if this is possible for a one time permission?

James L. Arrasmith
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answered on Sep 11, 2023

Obtaining a one-time permission to use the Aperol logo on a cookie is a responsible step to ensure you are respecting the brand's intellectual property rights.

To seek permission, you should reach out to the legal or marketing department of Campari Group, the company that owns the...
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3 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: I want to trademark a fictional character. Is it possible to register it nameless & universal for any goods/service?

Character/mascot for album cover artwork. Main character in a novel. Main character for an animated film adaptation.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 31, 2023

Trademarks are registered for use on specific goods or services. For example, the character DAFFY DUCK is registered in International Class 16 for "printed matter ... namely, comic books", and also for toys in International Class 28. The application to register the mark must be... View More

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: my innovation work was stolen, research and notes on to be patents, Can I protect my drawings at minimal cost ?

Im a patented inventor, my patents were jumped and improperly applied for a design patent and not a utility patent in the 80s, in 2021 or 2022 all my work over 50 yrs were removed from me and copied. I'm seeing my invention online being sold on facebook. 5 maybe more initial drawing were... View More

James L. Arrasmith
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answered on Jul 28, 2023

To protect your initial drawings and innovations, it is essential to consider applying for patents and/or copyrights. Patents protect inventions, while copyrights protect original works of authorship, including drawings. You should consult with an intellectual property attorney to assess the best... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Pennsylvania on
Q: Am trying to find out if there is a patent on a specific lure called the Hattie mitte , renegade had them.

Soft plastic hellgrammite imitation

Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 18, 2023

If you have the old lure in the original packaging, it may show the patent number if they had a patent.

https://patents.google.com/patent/US20070234635A1/en?q=(hellgrammite)&oq=hellgrammite is a published patent application for Method and apparatus for integrated weighted nymph form...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Pennsylvania on
Q: What are the limitations on obtaning patents on bacteriophages or their products for treatment of human diseses in the
James L. Arrasmith
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answered on Jul 11, 2023

Obtaining patents on bacteriophages or their products for treatment of human diseases in the US can be challenging due to several limitations. One limitation is that bacteriophages are naturally occurring entities, which the US Patent and Trademark Office (USPTO) does not allow patents for.... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: If someone wanted to sue me for using a trade mark for example the trade mark is "everwild music festival" if I made art

That just said "everwild" is the infringing on their trademark?

James L. Arrasmith
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answered on Jul 10, 2023

Using the term "everwild" alone for your art, without any additional context or connection to the specific trademarked "everwild music festival," may not necessarily infringe on their trademark. Trademark infringement typically occurs when there is a likelihood of confusion... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: Can a website submitted through Coca Cola company contact form become owned by Coca Cola if their terms indicate that?

The website link being submitted to them, contains information about a patent-pending invention. In the terms for Coca Cola, it said something like "you agree that anything you submit may be used by us royalty-free, non-exclusively, forever, etc." which is not what I want. Since I did not... View More

James L. Arrasmith
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answered on Jul 10, 2023

Disregard my typo above..

It's important to carefully review and understand the terms and conditions stated by Coca Cola before submitting any information or website links through their contact form. While the terms may include broad language regarding the use of submitted materials,...
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