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Rhode Island Intellectual Property Questions & Answers
Q: Divorce and entitlement to book profits after marriage in RI.
I am divorcing after 33 years of marriage. About 6 years ago, I wrote and self-published 30 books through Amazon KDP, all created during the marriage with no joint financial contributions. Although these books haven't generated substantial profits yet, I want to know what entitlement my... View More 
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John Larochelle
answered on Apr 1, 2025
answered on Apr 1, 2025
Rhode Island is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally upon divorce. Under § 15-5-16.1(a), the Family Court assigns property based on factors such as:
• Length of the marriage (33 years here, a long-term marriage).... View More
1 Answer
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in
Patents (Intellectual Property), Probate and Intellectual Property
for
Rhode Island
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Q: Are we entitled to monetary benefits from my deceased brother's patents?
I recently discovered through an ancestry website that my deceased brother had several patents. I am unsure if there are co-owners, any agreements, or if they are generating revenue. How can my family find out if we are entitled to any monetary benefits from these patents?
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James L. Arrasmith
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answered on Aug 20, 2025
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answered on Aug 20, 2025
If your brother held patents, whether you are entitled to any monetary benefits depends on how those patents were owned and what arrangements, if any, were in place. Patents are treated as personal property, which means they can pass through probate just like other assets. If your brother had a... View More
Q: Does 'Home Apothecary' violate trademark rights?
I received a notification from Amazon stating that my use of the phrase "Home Apothecary" in my publication title, "Back to Basics: The Home Apothecary Handbook," allegedly violates trademark rights. Is this phrase trademarked, and do I have any legal grounds to contest this claim?
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James L. Arrasmith
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answered on Jul 11, 2025
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answered on Jul 11, 2025
It’s stressful to receive that kind of notice, especially when your work is rooted in something as general-sounding as “Home Apothecary.” To start, the phrase itself may or may not be trademarked, but even if it is, that doesn’t automatically mean your use is infringing. Trademarks only... View More
2 Answers
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in
Copyright, Mergers & Acquisitions, Intellectual Property and Business Law
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Rhode Island
on
Q: How to obtain copyright of abandoned children's show?
I am interested in pursuing the acquisition of the copyright for an old children's show marked as abandoned with the serial number 74144224 for commercial use. The original lawyer associated with the copyright has passed away, and there is no contact information available on the copyright page... View More
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Alan Harrison
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answered on Apr 13, 2025
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answered on Apr 13, 2025
I think that you have confused copyrights and trademarks. The number you provide is a trademark registration not a copyright registration. Trademarks, not copyrights, can be abandoned by non use.
If the trademark has truly been abandoned, then your path forward would not be overly complex.
Q: Am I allowed to use copy righted photos on Medium, a blogging website? It’s like YouTube, you can make money
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Albin Moser
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answered on Jun 29, 2023
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answered on Jun 29, 2023
No, in fact that is the very thing you cannot do with a copyrighted photo. You cannot use it for your own profit. There are companies that go around threatening people with lawsuits for using other people's copyrighted images on their websites and blogs. Often it is a bluff but it is stressful... View More
1 Answer
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Family Law, Civil Rights, Intellectual Property and Juvenile Law
for
Rhode Island
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Q: Can a family court in rhode island take away my phone when I'm 13 under the orders of a judge?
Truancy
Neville Bedford
answered on May 14, 2019
answered on May 14, 2019
They are more likely to prohibit you from using it. Speak with your court attorney to have them press your best arguments against such an order.
Q: who owns patents
i invested (40% ownership) in a software startup that has never been disbanded or board decreed bankrupt. The corporation fees have not been paid in a few years.
The guy in whose technology I invested has continued to file for patents and is now claiming they are his, not the... View More
Neville Bedford
answered on Mar 27, 2015
answered on Mar 27, 2015
When you have a problem like this, it is best to see a patent attorney and retain them to assist you.
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