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South Carolina Intellectual Property Questions & Answers
3 Answers | Asked in Intellectual Property and Trademark for South Carolina on
Q: Question on International Classes as listed in the USPTO can there be more than one per class?

My company prints clothing & we want to print shirts with a certain word on it. This word is a verb & describes the action of the specific activity, a pretty common one.

We discovered a company owns the trademark for the word. Its not their primary brand but they have a product with... Read more »

Timothy John Billick
Timothy John Billick answered on Dec 29, 2020

It is possible, but not likely. Shoes could be viewed as being too similar to shirts and hoodies because they are all apparel.

That said, trademark confusion analysis is highly fact-intensive and depends on a number of factors. You should consult a trademark attorney before you take any...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for South Carolina on
Q: Hi, I have been trying to get my personal property back and my grandpa’s wife refuses to give it back. What do i do?

She lives in Florida and I have been trying for two years to get my stuff back. I asked her for the property back or the money to replace it and she told me that I was getting nothing back and that she didn’t owe me anything. I never abandoned my property, I had been kicked out by them and... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Oct 20, 2020

This question has been posted to the attorneys that handle patents (a way of protecting an invention) and to intellectual property (patents, copyrights, trademarks, trade secrets).

The problem described does not belong in these categories. You may want to talk to someone with experience...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for South Carolina on
Q: Hello. I am trying to figure out if the phrase "Be Kind" is trademarked or not. It says "Abandoned", but just in case.
Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 11, 2020

This is not legal advice, but an informal glance at U.S. Trademark Office records suggests that there are over 100 pending applications or active registrations using the phrase "BE KIND" as a mark or as part of a mark.

Numerous factors are considered in determining whether a mark...
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1 Answer | Asked in Copyright, Intellectual Property, Mergers & Acquisitions and Trademark for South Carolina on
Q: I need to find out what the process is to buy a few trademarks from C&S wholesale.

That were formerly owner by Piggly Wiggly Carolina co./GreenBax enterprises?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 9, 2019

You would be having a purchase contract. In this case the assets are the IP rights. You also may want to do a transfer or assignment of ownership. Best luck.

1 Answer | Asked in Contracts, Intellectual Property, Lemon Law and Trademark for South Carolina on
Q: I traded our motercycle for a jeep about 3 weeks ago. Before doing so the owners of the jeep told us it had no issues.

We are now having to tow the jeep. It has many issues that we were not informed about before the trade. We have messages where the owner told us the jeep had no issues. The car clearly had issues as they started a mile from their house, where we signed titles over. Is their anything we can do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2019

Probably not, because neither the Jeep nor the motorcycle are worth enough money to make it worthwhile for you to hire a litigation lawyer and fight the seller. Unless you want to try in a small claims court.

1 Answer | Asked in Intellectual Property and Trademark for South Carolina on
Q: can I use part of a trade marked name in my website name?

Wellco Corp issued me a cease and desist letter for my WellCoSeniorbenefit.com website. Can they do that?

John Espinosa
John Espinosa answered on May 28, 2018

Yes, they can. You need to hire an attorney with experience in trademark defense to advise you on how to best proceed.

1 Answer | Asked in Copyright and Intellectual Property for South Carolina on
Q: If I published a book of jokes found on the Internet ...What are my liabilities? Maybe I add uniqueness to each ...?

Perhaps I could preface each (of 1000's of generic jokes) with "Dave said ..."

What if I incorporated? Could insurance help? Any other loopholes?

John Espinosa
John Espinosa answered on May 27, 2018

What you are talking about is creating a derivative work that you can then copyright. You can only do that if it is not substantially similar to the existing work. What you propose here is not enough to pass that test. Here is a helpful resource from the copyright office so you can see what I mean:... Read more »

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