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Texas Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property for Texas on
Q: Alert! Someone out of mischief integrated cerebral cortex data with my IP and he has been threatening to shoot

Me. The reason why police don't do anything is because he keeps shifting my parallel.

There's is also a GPS ELECTRONIC TELEPATHY IN MY EAR DRUM.

HIS THREAT IS THAT HE HAS TO SHOOT ME IN THE GEAR TO GET THE SUGNSL INTERFERENCE TO STOP IN THEIR EAR DRUm.

HE ALSO... View More

James L. Arrasmith
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answered on Dec 3, 2023

Your situation sounds extremely distressing and complex. First and foremost, it's important to ensure your immediate safety. If you are in danger or feel threatened, contacting local law enforcement or emergency services is a critical first step.

Regarding the specific threats and...
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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Copyright:I recorded 1 min of UFC fight on iphone & uploaded it to YouTube. Indonesian Broadcast took it down. Not UFC

Indonesian Broadcaster MOLATV gave me a copyright Strike on my channel. The UFC itself did not. Do they have the right to do that? Would me filing a dispute work? I see tons of that content on YouTube and nothing happened to other people. Do you think it’s just a scare tactic?

James L. Arrasmith
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answered on Nov 12, 2023

In copyright matters, broadcasters like MOLATV may have rights to content, such as a UFC fight, in certain regions. If MOLATV holds the broadcasting rights for the UFC content in Indonesia, they may enforce copyright claims on platforms like YouTube.

The fact that UFC itself did not issue...
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2 Answers | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for Texas on
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?

If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group?

Dominique M. Williams
Dominique M. Williams
answered on Nov 3, 2023

I would caution against reading the book, or portions thereof, aloud publicly on a platform where you are receiving revenue. Under copyright law, a copyright owner is given sole and exclusive rights to reproduce the work, create derivative works, perform the work, display the work, or to authorize... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I use the phrases..... Let there be light, or Here's your sign...... as a slogan for my company?
David Aldrich
David Aldrich
answered on Nov 3, 2023

There are several existing trademarks for each of these. It's possible you could use it, depending on what category of goods/services your company deals in. You should consult a qualified trademark attorney, who can help you determine whether you are able to use these and if you should seek... View More

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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: Besides the IP itself; What do I need to sell an IP to a broadcasting company?

I'm planning to create an IP of and episodic TV show and am planning on giving the company full creative control, apart from a creation credit, if possible. However, I'm not entirely sure what I need, besides the IP of course.

James L. Arrasmith
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answered on Oct 26, 2023

To sell an IP to a broadcasting company, beyond the intellectual property rights, you should have a well-structured pitch or presentation that outlines the concept, target audience, and potential value of the TV show. A clear and compelling pilot script or episode outline can significantly enhance... View More

3 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Can I put the letters CNN on my jacket without violating copyright.

I will not use the Networks logo just the letters printed on my jacket. Is this legal or does Warner own the letter combination?

T. Augustus Claus
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answered on Oct 16, 2023

Yes, you can put the letters CNN on your jacket without violating copyright. Copyright law protects original works of authorship, such as literary, dramatic, musical, and artistic works. The letters CNN are not an original work of authorship, so they are not protected by copyright. However, Warner... View More

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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: I looked up our trademark and it shows as "abandoned". What does that mean? How do we get it active?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 12, 2023

If the mark was registered, the abandonment was most likely due to failure to file a statement of continuing use and specimen in the fifth year after registration. If it was an application to register the mark, most likely there was a failure to respond to an office action by the examining... View More

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: We have INREST trademark filed, 97114560.Do I need to file a new one?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 28, 2023

This application is dead, having been abandoned in March 2023 for failure to respond to an office action in August 2022 noting that "applicant's mark, INREST, is confusingly similar to the registered mark, INNEREST." A new application for the same mark would fail for the same reason.

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1 Answer | Asked in Copyright, Business Formation, Trademark and Intellectual Property for Texas on
Q: Hi! I have a question about trademarks for clothing brands and similar ideas that other people have now started

I started working on my brand Ghosted in July, I used Canva fonts and everything for the logo and worked long and hard and got samples and on 8/25 I ordered my first order of 360 units. I own the LLC Ghosted, have the trademark filed for Ghosted for apparel, and this morning I also filed a... View More

James L. Arrasmith
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answered on Sep 11, 2023

Given your description, it appears you have taken significant steps to legally protect your brand, including forming an LLC and filing for trademark protections for both your brand name and logo. In trademark law, the key issue often revolves around who used the mark first in commerce; since you... View More

1 Answer | Asked in Intellectual Property, Trademark and Copyright for Texas on
Q: I have a question regarding using a font that is used for a TV show (lets say StarTrek as an example)

If I am using a font that has been recreated by someone (but it looks *almost* identical) and I decide to create a formal 501c3 nonprofit public charity named "Rain'bow" (as an example) and create a logo using that name with that similar StarTrek font, would that be risky regarding... View More

James L. Arrasmith
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answered on Sep 4, 2023

Even if you don't use the words "Star" or "Trek," using a font that is closely associated with or identical to the one used in the Star Trek franchise could pose a risk of copyright or trademark infringement. The key issues would be whether the use of the font creates a... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: was this device patented publication number 20170325789

tissue contiener for pap smear surePath

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2023

The status of a printed patent application like this can be checked online. This can be done either at the US patent office, https://patentcenter.uspto.gov/, or using alternate sources such as patents.google.com.

In this case, the answer is that the patent application was abandoned.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I'm wanting to create a LEGO video game

I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.

Christie Dudley
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Christie Dudley
answered on Aug 8, 2023

LEGO makes locking bricks, which are rather obviously not video games. Other companies make locking bricks, so it's fine to use imagery of locking bricks for your video game. If you want to specifically use the LEGO name or identifiers in your video game and sell it, you are effectively using... View More

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1 Answer | Asked in Intellectual Property and Trademark for Texas on
Q: If I wanted to create a brand with the trademark 'Distinct Routes'?

If I wanted to name my brand 'Distinct Routes' but 'Distinct' is an already registered and live trademark and 'Routes' is also a live trademark, would I have any issues naming my brand 'Distinct Routes' and submitting for trademark registration? All the... View More

James L. Arrasmith
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answered on Jul 28, 2023

If 'Distinct' and 'Routes' are both already registered and live trademarks in the same class, using 'Distinct Routes' for your brand may potentially infringe on the rights of the existing trademark owners. While the absence of identical matches in your search may be... View More

1 Answer | Asked in Contracts and Intellectual Property for Texas on
Q: Who can I call to investigate my case about my rights to my late husband royalities until I can get a lawyer.

I got an email about a fiduciary that contacted

me that the company may have given my sister in law my late husbands assets. Should I contact IRS if so which department? Thanks,

James L. Arrasmith
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answered on Jul 10, 2023

If you have concerns about your late husband's royalties and the potential mishandling of his assets, it's recommended to consult with an attorney specializing in estate or probate law. They can guide you through the legal process and protect your rights. While the IRS may not directly... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I have designed and Developed a CRM SAAS product which is coming to market for users. need some help for copyrighting

I have designed and Developed a CRM SAAS product which is coming to market for users. need some help for copyrighting. This product is under testing and will be launched in market. Need some information about the Copyrighting aspect of this SAAS product.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 8, 2023

You should obtain "work for hire" agreements from all coders of the software, and it is prudent also to have non-disclosure agreements acknowledging their work as trade secrets.

Form CO is used to register the copyright in both the source and object code when completed, and to...
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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Copyright Infringement Question?

Hi There!

I am researching something for a Newsletter Aggregator that combines 20 different email newsletters into one newsletter. The idea of the newsletter aggregator is to summarize the content of a publishers newsletter. That summary would then be added with 19 other summarized notes... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 8, 2023

Your comments and summary text would be original works for purpose of copyright, and your selection and aggregation of the newsletters would be fair use. It would be wise to include a fair use disclaimer:

"This [site/newsletter] contains copyrighted material the use of which has not...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Is it possible to trademark Flowprops, toys used for dance, under the same class as flowtoys, 28:toys.

Trademark factory said I would be able to because the name is generic but if flowtoys was trademarked I don’t see why I would be able too.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 2, 2023

FLOWPROPS is arguably not "confusingly similar" thus probably registrable. If the description of the use of the goods is sufficiently distinct from that of FLOWTOYS, then it would be more likely to be registrable; for instance, if FLOWPROPS were used for instruction rather than... View More

1 Answer | Asked in International Law, Intellectual Property and Trademark for Texas on
Q: Can you make a minor alteration to the Red Cross Symbol and it not be in violation, like a break in the +?

Or make the + a T

James L. Arrasmith
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answered on Jun 18, 2023

No, making a minor alteration to the Red Cross symbol, such as adding a break in the plus sign or changing it to a T, would still likely be considered a violation of the Geneva Conventions and the federal law that protects the Red Cross symbol.

The Red Cross symbol is protected by...
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1 Answer | Asked in Copyright, Civil Rights, Gov & Administrative Law and Intellectual Property for Texas on
Q: Would it be illegal to read declassified files, similar to an audio book to make them more accessible to the public?

I ask because on some documents, especially recordings, you cant quote certain individuals, such as Linden B. Johnson because at the time of the recording he is a private citizen since hes no longer in office, either him or his family have copyrighted all recordings where he wasnt a public servant.... View More

James L. Arrasmith
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answered on Jun 18, 2023

It is generally not illegal to read declassified files aloud, as long as you are not violating any copyright laws or other legal restrictions. However, there may be certain limitations or restrictions on the use of declassified files, depending on the specific documents and the laws and regulations... View More

3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 25, 2023

Your application SN 97643107 for federal registration of the mark HERCULES DOCK BUMPERS was filed 10/21/2022 by attorney Sandy Lipkin and is awaiting assignment to an examining attorney, which currently takes 8.5 months. If the registration is granted, it will be effective throughout the US and all... View More

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