Pennsylvania Intellectual Property Questions & Answers

Q: I create decals on Etsy. One decal I created is a combing of all the Pittsburgh teams in one. Is this infringement?

1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Answered on Mar 5, 2019
Marcos Garciaacosta's answer
Nope. Most leagues have enforcement teams and will depend on how strongly they enforce their rights.

You want logos or brands that are as far away from those registered products as possible.

NFL owns the names, logos, art of all teams, so you run into problems the closer you get to those creations in your products.

Make a Consultation to understand your options.

Q: Will you get jail time for a second degree misdemeanor? Charge was for taking $100 from work after a customer left it.

1 Answer | Asked in Criminal Law, Federal Crimes and Intellectual Property for Pennsylvania on
Answered on Jan 25, 2019
Andrea E. Mertz's answer
Assuming you have no prior record of convictions, you will get probation. The maximum sentence you face is 1 to 2 years incarceration. However, that maximum usually is ordered for repeat convicts who have multiple convictions. Hire an attorney and inquire as to whether your county has a first time offender program or ARD. Good Luck!

Q: who pays?

1 Answer | Asked in Car Accidents and Intellectual Property for Pennsylvania on
Answered on Mar 20, 2018
Peter N. Munsing's answer
At this point it will be difficult to prove their damage as opposed to yours. Technically, if you can show what parts they damaged, that are not repaired by you, let them pay for those.

Q: I have received a copyright infringement notification on my eBay account about a product I am selling.

1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Answered on Feb 13, 2018
Benton R Patterson III's answer
An attorney would need to review the two products to answer this question. From what you have described, it seems unlikely that your bracelet would infringe a copyright for the other bracelet. While jewelry is protected by copyright, the rights are not so broad as to cover entire design concepts. To infringe, your product would need to be nearly an exact replica. Based on your description, this is far from true. I recommend having an attorney prepare a response.

Q: I'm creating a campaign video using clips from popular music and tv videos. Can this be considered Fair Use?

1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Answered on Jan 31, 2018
Andrew Zulieve Esq's answer
Doubtful. Go online and read the section of the U.S. Copyright Act of 1976 which defines what is a fair use.

Q: With a trademark application, is it possible to list colloquial variations of your trademark name?

2 Answers | Asked in Intellectual Property and Trademark for Pennsylvania on
Answered on Jan 10, 2018
Andrew Zulieve Esq's answer
Your issues are a bit unclear, but these principles might be helpful:

1. The underlying right to use a particular trademark is acquired by actual use in commerce.

2. For a mark used in commerce but not registered with the U.S. Trademark Office, the geographical scope of protection extends to the geographical reach of actual use of the mark in commerce.

3. For a mark registered on the Principal Register of the U.S. Trademark Office, that mark enjoys protection against...

Q: What are the legal risks for me selling a game system that looks like a nintendo nes but bears no trademark

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Answered on Oct 16, 2017
Benton R Patterson III's answer
You could potentially be liable for trade dress infringement, which is very similar to what you are describing.

Q: son's father Steve died Steve's sister has the guitar belonged to Steve. Can i take her to court..

1 Answer | Asked in Family Law, Intellectual Property, Probate and Small Claims for Pennsylvania on
Answered on Jun 29, 2017
Charles Rick's answer
Yes, you can take her to court.....not really small claims court..but orphans court.

Q: Am I infringing on a word mark using THIS name?

1 Answer | Asked in Intellectual Property for Pennsylvania on
Answered on Nov 1, 2016
Evan Charles Pappas' answer
The answer to this question may depend on how long you have been using the mark in commerce. Although this other winery may have a registered trademark (you refer to the "word" mark), this fact alone does not completely answer the question. If your use of the name predates their use and/or the date they received their federal registration, you may have superior rights in your be able to continue using the mark - although it may be in a limited geography. Any use that you made prior to their...

Q: Is this copyright infringement?

1 Answer | Asked in Intellectual Property for Pennsylvania on
Answered on Jan 19, 2016
Changi Wu's answer
Your website and the original website both use images from TOEI Animation. I guess neither of you have obtain authorization from TOEI. Therefore, both of you are infringing TOEI's copyright. The original website enjoys only the website design. If you did not copy its website design, you do not infringe its copyright. You should hire an attorney to respond the threat from the original website so that it can stop threatening you. Many attorneys provide free consultation and a low rate of charge....

Q: How can I track the history and current status of a patent? Why do some patents have the same name but different number

1 Answer | Asked in Intellectual Property for Pennsylvania on
Answered on Jul 14, 2015
Adam Studnicki's answer
Lots of great resources available for searching patents on uspto.gov.

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