Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Intellectual Property Questions & Answers
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

View More Answers

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

Using a business name that's already in use, even in a slightly different field, can be risky, as it may create confusion or lead to trademark issues, particularly if the name is trademarked. You should conduct a thorough trademark search, not just a Google search, to see if "ABC... View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: I have a similar logo to meaningful beauty. But it looks like they didn’t renew it. Could I trademark my logo

Meaningful beauty, a skincare company, has a similar logo to my clothing brand Miss Boulevard. It looks like they haven’t renewed their trademark. Is it possible for me to submit my logo as a trademark?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

If the trademark in question has indeed not been renewed and is considered abandoned, and if your logo is not confusingly similar to other existing trademarks, it may be possible for you to submit your logo as a trademark. Since the businesses operate in different industries, that may reduce the... View More

View More Answers

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

The trademark registration must typically identify specific goods or services that are associated with the character. Consulting with an intellectual property attorney experienced in your specific industry can guide you in properly defining and protecting your character's trademark rights.... View More

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Trademark and Intellectual Property for Pennsylvania on
Q: What if someone already has a business name trademarked but it seems as though the business is no longer active.

I'm wondering how I can see if this company's trademark can be considered abandoned if they're not active. The trademark for the business name Fused is taken but I've done a thorough search for this business and I can't find them anywhere on social media or online.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

f a business name is already trademarked, it is essential to respect the rights of the trademark owner, even if the business appears to be inactive. Trademarks can still be valid and enforceable even if the business is not actively operating or visible online. To determine if the trademark is... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: What if someone already has a business name trademarked but it seems as though the business is no longer active.

I'm wondering how I can see if this company's trademark can be considered abandoned if they're not active. The trademark for the business name Fused is taken but I've done a thorough search for this business and I can't find them anywhere on social media or online.

Lynn E. Roberts III
Lynn E. Roberts III
answered on Aug 22, 2023

I agree with James. It is also important to beware that a non-active mark in the USPTO database could still be in use by the original owner, despite the apparent lack of an online presence. Even if you can prove that the original owner has no intention of using it again, you still risk a variety... View More

View More Answers

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
PREMIUM
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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Copyright and Intellectual Property for Pennsylvania on
Q: What exactly needs to be cited when writing a non-fiction e-book on passive income and side hustle ideas?

I got most of the general ideas from ChatGPT and some from articles. I have sections labeled pros, cons, and tips, which are collected mainly the same way. I'm including sections about initial investment and expected income based on the average price of things taken from a multitude of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

When writing a non-fiction e-book on passive income and side hustle ideas, it is important to cite any sources that you use to support your ideas or claims. This includes any statistics, data, or other information that you gather from external sources.

In general, you should cite any...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.