Get free answers to your Intellectual Property legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024
Creating and uploading amateur pornography in Texas is generally legal, provided that all participants are consenting adults. It's crucial to ensure that everyone involved is over the age of 18 and has given explicit consent to be filmed and have the footage distributed. Failure to verify ages... View More 
answered on Jul 18, 2024
The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.
In the U.S., the "Fair Use... View More
answered on Jul 11, 2024
Given that it has been more than three years since the mark has been abandoned, it is likely you are in the clear to pursue registration. Yet, the owner of the "dead" trademark may still be using the mark in commerce. If so, they would still have common law trademark rights to the mark in... View More
Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.
Thanks.
answered on Jul 9, 2024
Normally, online marketplaces like Amazon and Etsy require merchants selling items on their platforms to prove they own or have a license to use IP when a complaint is made. People and companies legitimately selling products in online marketplaces can usually provide proof of ownership or... View More
The reviewer denied my patent once claiming that my idea operated the same way as an existing product, once my lawyer better explained to him how it operates he agreed that he was wrong about it, but came back saying that if I combined two existing patents I could've get the idea to build my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2024
This is an interesting and complex patent law question. To provide a thorough answer, I'll need to explain a few key concepts in patent law:
1. Novelty: For an invention to be patentable, it must be novel (new). If your invention is identical to a single prior art reference, it lacks... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2024
To determine if a tire with a neon tread embedded at the legal wear point is patented, you'll need to conduct a patent search. Here's a concise approach:
1. Search the US Patent and Trademark Office (USPTO) database:
- Visit patents.google.com
- Use keywords like... View More
An inventor name was left out by error in 3 patents filed by an organisation. However after 10 years, the error was corrected and the inventor name was added by the organisation and patents were reissued with the inventor name included in all the 3 reissue patents, however the organisation did not... View More
answered on Jun 10, 2024
It seems highly unlikely that "emotional trauma" would be an element of damages in this context.
The correct legal terminology is "mental anguish." As an element of damages, mental anguish is usually only recoverable in suits involving physical impact and resulting... View More
An inventor name was left out by error in 3 patents filed by an organisation. However after 10 years, the error was corrected and the inventor name was added by the organisation and patents were reissued with the inventor name included in all the 3 reissue patents, however the organisation did not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024
It's understandable to feel distressed over being omitted from the inventor list for a decade. The organization has made efforts to correct the error by reissuing the patents with your name and providing the standard patent filing and issue awards. However, this action may not fully address... View More
This phrase would be on my website, purely for fun and signifying a linked button that would advance them to another page. I am wondering if this would be considered copyrighting or trademark against LucasFilms?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2024
Using the phrase "This Is The Way" on your website to signify going to the next page could potentially raise concerns with Lucasfilm, as the phrase is strongly associated with their "The Mandalorian" series. While it might seem like a fun and harmless addition, it is important... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
To get permission from the inventor of a patent to use their patented process, you need to obtain a license. Here are the steps you can follow:
1. Identify the patent: Make sure you have the correct patent number and that the patent is still in force.
2. Contact the patent owner:... View More
My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
If a company is using your unique name on their product, and it's causing significant problems for you, there are several steps you can take. First, consider reaching out to the company directly to express your concerns and the specific issues their use of your name is causing. A respectful... View More
My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.
answered on Apr 30, 2024
Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More
Would this be an issue or would this be considered a different enough business to be allowed.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024
The issue of whether your baseball facility can use the name "X" when there is already a softball facility named "X Softball" depends on several factors. Here are a few considerations:
1. Trademark: If "X Softball" has a registered trademark for their name,... View More
Can I be sued for this.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
The legality of using clips from other creators in your memes without their permission depends on the specific circumstances and whether your use falls under "fair use." Fair use is a legal doctrine that allows limited use of copyrighted material without permission from the rights holders... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024
It's possible to apply for a trademark that was previously registered but has since been abandoned. However, there are a few important considerations:
1. Make sure the trademark is truly abandoned. You can search the USPTO (United States Patent and Trademark Office) database to confirm... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024
When considering trademarking "Together We Can," it's crucial to conduct thorough research to ensure the name is available and eligible for trademark protection.
Start by searching the United States Patent and Trademark Office (USPTO) database to confirm that the previous... View More
About a month ago I paid $5,000 total to Trademark Fortress to register my business name and logo in 4 USPTO classes. They told me I was all set, but now they are telling me that someone is contesting my filing, and that I need to pay thousands more to file attestations in all 50 states to protect... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024
I understand your concern and frustration with this situation. Here are a few important points to consider:
1. Transparency: A reputable trademark attorney or company should be transparent about any opposition or contestation to your trademark application. They should provide you with... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024
Attempting to hide or protect assets when facing debts or legal judgments could be considered fraudulent in many cases. The ethical and legal course of action is to pay valid debts that are owed.
If you are facing financial hardship, I would suggest speaking with a certified credit... View More
Would I need to pay a trademark licensing fee?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024
The legality of using a play on words and image theme from a classic TV show for your snow cone stand depends on several factors. While you may be able to use a clever play on words, directly using trademarked names, logos, or images from the TV show without permission could infringe on the... View More
Would I need to pay a trademark licensing fee?
answered on Apr 5, 2024
I recommend seeking advice from a trademark lawyer as the answer depends upon the specific name and use of your own name and the TV show name. Depending on the name, the TV show may come after you for trademark infringement. To give some background, trademark infringement for puns hinges on whether... 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.
