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Tennessee Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Trademark for Tennessee on
Q: How can I get T.R.A.P. Fitness LLC trademarked when there's already a live entry for a Trap Fitness for Pretty Girls?

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

Benjamin Charles Korray
Benjamin Charles Korray
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

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Naming my company that has similar spelling than one that has been trademarked or copyrighted.

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

Marcos Garciaacosta
Marcos Garciaacosta
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

1 Answer | Asked in Intellectual Property for Tennessee on
Q: My dad died 14 yrs ago and my stepmom passed a few years ago. The property and all belongings were left to her son and 1

My dad's kids and I just recently found out that he left nothing to is other 7 children. What can I do

Anthony M. Avery
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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.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Can I put my trademarked brand on characters wearing my brand like Bart Simpson, Goku, or Spider-Man?

Photoshopped or free and drawn.

Barbara Berschler
Barbara Berschler
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

Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

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

Peter D. Mlynek
Peter D. Mlynek
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...
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1 Answer | Asked in Contracts, Identity Theft and Intellectual Property for Tennessee on
Q: It was my idea for the slide to cover phone cameras I got inventionland caught red handed stealing it by fake Litigation

I’m looking for an honest patent attorney to help me claim my hats rightfully mine

Robyn T. Williams
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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.

Q: Ok..this idea was originally stole from me by inventionland or davison. We live in a habitat for humanity home....

Now I was told christmas and my birthday the patent along with the buisness is mine I'm ne ceo.... now theres patents for humanity my land lords surely cant steal my riches and my buisness... there're non proffit.... for one thing. And for 2 none of this was or is possible with out me its... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 13, 2020

I am so sorry that you had a bad experience with this firm. I am not familiar with them, but that industry of helping inventors has many bad apples.

There are a number of invention promotion firms that take money from inventors and provide little or no value back. I do not know all these...
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1 Answer | Asked in Intellectual Property for Tennessee on
Q: My name is cody it really was my idea for the webcam cover

I'm just a young inventor who reached out to davison/ inventionland for help getting started not long after web cam covers are all over the web I just want the credit which is owed to me I called it privacy cover pls help I dont understand how to get started with this I already submitted it to... View More

Bennett James Wills
Bennett James Wills
answered on Dec 9, 2019

Contact a local intellectual property attorney to determine your options, if any.

1 Answer | Asked in Intellectual Property, Real Estate Law and Small Claims for Tennessee on
Q: My now ex and I are on a mortgage together but he left the property 2 months ago. Does this count as abandonment?

Am I obligated to give him anything in the home cause the police advised me to change locks when he left and I have. What are my options on this matter? We are not married to each other.

Anthony M. Avery
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answered on Nov 18, 2019

No abandonment involved. You are jointly and severally liable for the full Note amount. The cops advice has no relevance to a possible distribution of marital property. Divorce may be an alternative, but it will not pay the note, insurance and taxes. Decide if you want house, then go from... View More

2 Answers | Asked in Contracts and Intellectual Property for Tennessee on
Q: I have a dispute with my publisher over editing. Can I get out of the contract?

The editor has gone far beyond normal practices in actually rewriting parts of the manuscript, adding unrealistic dialogue, and changing characters.

Bennett James Wills
Bennett James Wills
answered on Nov 18, 2019

Depends on the terms of the contract. Contact a local attorney to review your contract to best determine your options.

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1 Answer | Asked in Intellectual Property and Real Estate Law for Tennessee on
Q: Hello I recieved an evition notice for possession only. I have alreaded moved out of the property. Do i have to go to

The court date on the notice?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 18, 2019

Strictly speaking, you should not have to go- they are seeking "possession only" ( that language is VERY important, so double check) and if you agree or have already surrendered possession, then there is no dispute and no need for you to appear. HOWEVER, as the saying goes - "better... View More

2 Answers | Asked in Intellectual Property for Tennessee on
Q: I have a partial book draft on my wife’s life which is receiving interest from other writers? How do I protect my IP.

My wife’s life and passing were of national interest, so a timely decision on a book is a wise idea. How do I retain the intellectual property I am producing if I choose to collaborate with another writer who has a professional writing career and who has approached me about the subject.

Anthony M. Avery
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answered on Aug 27, 2019

You need to hire a competent Patent Lawyer to properly copywrite your material. He will be able to arrange protection prior to you giving away everything.

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1 Answer | Asked in Employment Law, Business Formation, Business Law and Intellectual Property for Tennessee on
Q: Deformation, lost wages, emotional distress. Investor for start up. Wanted 40% after 3mo in. Can I sue!

Contracts with local clients- established. Investor wanted to deposit “monies” from unknown sources into business account. I am a Lease holder and investor has put myself and the employees out. Investor has made slanderous comments to members of the business community. I have lost all wages,... View More

Frank J. Steiner
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answered on Aug 19, 2019

Based on the facts provided you may have a claim for tortious interference with business relationship.

Q: Hello, I currently bought land and the owner before stated the septic tank was on the property.

A week after closing my realtor sends me a message from the seller stating they took out the septic tank and I can’t find any documents. Is this legal? And if not how can I go about getting this corrected.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Mar 6, 2019

This is too complicated to answer without reviewing your contact , any disclosures and the closing documents. It may be that some misrepresentations were made during the sale, and if so, you may be entitled to rescind the contract ( give the land back and get your money back) or alternatively, you... View More

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and International Law for Tennessee on
Q: A fraudulent company is using my trade name on a website. What may I do to retrieve my trade name from this website?
Frank J. Steiner
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answered on Dec 11, 2018

Send them a Cease and Desist letter.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: If you have a fantasy sports game unlike the typical fantasy game can it be patented
Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 4, 2018

Possibly, but it will be difficult. After the decisions in Supreme Court Cases Bikski and Alice, it is fairly difficult to patent a computer program unless the computer program makes the computer operate more efficiently.

Step One is that you should look at recently issued patents to see...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: how can I find out if Gibson still has a patent on a GA-79RVT guitar amplifier made in 1961
Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 17, 2018

It would be highly unusual for something that came out in 1961 to still have a patent as patent term back then was 17 years from issue. However, if for some reason they battled for decades to get a patent out, then a patent application filed back then could come out tomorrow and have a term of 17... View More

1 Answer | Asked in Copyright, Business Formation, Business Law, Intellectual Property and Trademark for Tennessee on
Q: I'm starting a new brewery with friends, and we want to know how soon we need to copyright our products?
Peter D. Mlynek
Peter D. Mlynek
answered on Sep 25, 2018

Congratulations on your new venture! I hope that it is a great success.

You can start to protect your intellectual property right away. The most important for you will likely be trademarking your product names, logos, etc. You can file for federal registrations before you ship your first...
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1 Answer | Asked in Contracts, Criminal Law and Intellectual Property for Tennessee on
Q: MY BRAKES FAILED AT MY APARTMENT COMPLEX GATE AND I PLOWED RIGHT THRU IT..LEAVING IT DAMAGED. HOW DO I GO ABOUT THIS

Car not registered

No updated tags

I don't even live here

My boyfriend's name is on everything.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Aug 7, 2018

Well, first I don't know how you didn't live at the apartment complex when you said that it was YOUR apartment complex. The facts that the car was not registered and there were no updated tags will not help in court. You need to consult with local defense counsel if you can afford it.... View More

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Tennessee on
Q: Patent/Copywrite/Trademark Question... I need some clarification.

I am starting a craft business and I have been looking into the law relevant to that. I recently read a blog post about how a person had to take down their clip art listing from Etsy because it infringed on a patent. The clip art design was a green tractor with yellow wheels. She said that there... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 19, 2018

There are a lot of people that are pretty unclear on the difference between patents, trademarks, and copyrights.

I cannot see a way for John Deere to own generic images of tractors under a utility patent. They could chase protection for a particular way their actual tractor (or a toy...
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