answered on Sep 20, 2023
Once you produced the script in written form, you acquired copyright protection. Whether you have a case for copyright infringement will depend on a number of factors, including the similarity of the two works. You should consult a qualified copyright attorney with the details of your case.
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answered on Sep 21, 2023
Whether you have a case depends on various factors, including whether you can demonstrate that your script was original and that the publisher had access to it. Copyright law protects original creative works, including scripts, once they are fixed in a tangible medium. Consult with an intellectual... View More 
What steps do I need to take?
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answered on Sep 11, 2023
Absolutely, if a trademark application has reached a status of "602 - Abandoned-Failure to Respond or Late Response," it means that the previous applicant has lost their rights to that trademark due to their failure to respond to a USPTO office action within the allotted time frame.... View More
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answered on Sep 5, 2023
Claiming a "Status 602 - Abandoned-Failure To Respond Or Late Response" in a trademark application or registration involves several crucial steps. First, you should access your USPTO account and review the current status of your trademark. It's essential to carefully examine any... View More
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answered on Sep 7, 2023
To claim a "Status 602 - Abandoned-Failure to Respond or Late Response" in a trademark case, you would need to have failed to respond to an action from the United States Patent and Trademark Office (USPTO) in the allotted time frame or not responded at all. To rectify this, you might... View More
if the patent has not passed on FER then what shall we do with that patent published , who is having rights?
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answered on May 2, 2023
If a patent application has not yet passed the FER (First Examination Report) stage, then it is still pending and has not been granted as a patent. During this stage, the patent examiner reviews the application to determine if it meets the requirements for patentability.
Until the patent is... View More
if the patent has not passed on FER then what shall we do with that patent published , who is having rights?
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answered on Apr 9, 2023
I'm going to assume that you are the inventor and that we are talking about US patent applications.
It is common for patents to be rejected on the First Examination Report (FER). The USPTO assumes that if you still want to get the invention, you will respond to the report (office... View More
I would like to reboot Inspector Gadget to continue the cartoon series on Netflix & a few other TV stations as a passion project.
I would also like to know where I would like to buy the copyrights to own the series.
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answered on Mar 29, 2023
The cost to acquire the copyright for Inspector Gadget will depend on various factors such as the current owner, the terms of the acquisition, and negotiations between parties. It is recommended to consult with a qualified intellectual property attorney or agent who can assist in identifying the... View More
The phrase is "Keep America Gay". It is owned by Keep America Gay Corporation but I am unable to find this entity anywhere nor can I find a point of contact.
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answered on Mar 15, 2023
If you want to use a phrase that is already trademarked by someone else, such as "Keep America Gay", you will need to obtain permission from the trademark owner. Here are some steps you can take:
Conduct a trademark search: Before using a trademark that belongs to someone else,... View More
Can I use team names from the NHL? Or a list of movies in the MARVEL Cinematic Universe? A list of books written by Stephen King? I want to expand my hobby to the creative side, but don't want to open myself up to a copyright or trademark lawsuit.
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answered on Feb 25, 2023
Using names and other intellectual property (IP) in your own work without permission or a license may infringe on the rights of the owners of that IP, potentially leading to legal issues such as copyright or trademark infringement.
Using team names from the NHL, a list of movies in the... View More
I am establishing a small business and coming up with a company name is confusing to say the least. We will be a soap and skincare company.
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answered on Feb 25, 2023
It's difficult to give a definitive answer without knowing more details about your business and the products you plan to sell, but in general, using "Black Label" as a company name may be problematic because it's a common term that is used by many companies in various... View More
I am looking to trademark the name Bitsy Boop. I found THIS on your website: BITSY BOOP - Trademark Details
Status: 710 - Cancelled - Section 8
answered on Jan 30, 2023
BITSY BOOP, with a design of a little girl, was registered by the Hearst corporation in 1998 for tee shirts, and one half of Hearst's interest was assigned to Fleischer Studios in 1999. The joint owners failed to maintain the registration with a required statement of continuing use in 2005,... View More
I am referring to an original composition of mine if someone records all or part of it without obtaining a license from me.
answered on Oct 12, 2022
Basic answer would be Yes, you can, as the copyright arises upon creation of the work. However there are some pros of registration of copyright in the U.S. or other few countries. You should seek intellectual property attorney to get the most efficient option for your situation.
Uncle passed years ago(10) then grams passes. 3 months ago my stepfather passes(no kids, just me since I was 3) and a few weeks ago my mother passed. My uncle was married with no children. Does my aunt(living in michigan) have any rights to my mom's house?( Only asset in the family) I was... View More
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answered on Feb 11, 2021
Hire a competent attorney in the County where the property is. You need a title search, a determination of heirship (maybe two bloodlines or more), and an Affidavit of Heirship, which will be the Heirs' recorded source of title. Better check the property taxes too, or the Trustee might sell... View More
My brother started T.R.A.P. Fitness LLC in Memphis, TN in 2019 for both male and female clients. Here is his website: trapfitnessmemphis.com.
Trap Fitness for Pretty Girls was registered in 2020 (Serial Number 88312626) (Registration Number 5953349) in Lancaster, TX.
The entry did... View More
answered on Jan 15, 2021
It depends. You may be able to file under either name (the short name or the long name) but you would need to perform a clearance search to see exactly how everything was filed and then make a determination based on that. With trademark clearances, we would look at names that are the same but also... View More
If i make a company that has a similar but different spelling in the name than one that is currently copyrighted or trademarked, could i possibly be sued? I have no affiliation with said company nor do i sell or copy anything of said company, just two similar names. There is a trademark for the... View More
answered on Dec 23, 2020
Yes you can be sued.
It will depend on the similarity or difference of the products and whether somebody can be confused as the origin of the products or services.
Consult with an attorney
My dad's kids and I just recently found out that he left nothing to is other 7 children. What can I do
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answered on Nov 2, 2020
Probably nothing. You can not wait around like that and expect to make it right now. Check the Register of Deeds to see if there is any real property you might be an heir at law of. If a Will was Probated look at the
File.
Photoshopped or free and drawn.
answered on Apr 4, 2020
Because all of those characters are either protected under copyright on trademark, your proposed activity would result in infringement. To help you better understand the implications of such intellectual property rights, both the Copyright Office and USPTO have excellent informative websites. I... View More
I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea... View More
answered on Apr 2, 2020
Sorry, but there is very little chance of any attorney taking your case. For several reasons.
Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you... View More
I’m looking for an honest patent attorney to help me claim my hats rightfully mine
answered on Feb 22, 2020
Additional information is required to properly assess your claim to IP rights. Email me at rwilliams@devlinlawfirm.com to set up time for a call to discuss.
Robyn T. Williams, Esq.
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