Get free answers to your Intellectual Property legal questions from lawyers in your area.
Be in title to the property
answered on Oct 25, 2020
Hi there. This question was posted in the Intellectual Property section, which deals with trademarks, copyrights, and patents. It sounds like you may be seeking the assistance of a Property Law attorney, Estate Law attorney, or Real Estate Law attorney. Perhaps try reposting the question is those... View More 
New type of configurable weapon that can be quickly modified for rapidly changing tactical situations - also new weapons for personal defense and law enforcement
answered on Sep 28, 2020
Yes I can certainly help with this matter. I have experience with mechanical and electrical inventions so feel free to check out my background and drop me a line at www.tbillicklaw.com
i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?
answered on Sep 11, 2020
A trademark application may show a status of abandoned for failure to respond to an office action correspondence from the USPTO. Depending on how long it has been since the notice of abandonment was sent, you may be able to file a Petition to Revive the application along with the required... View More
answered on Sep 9, 2020
Yes you can. The telephone was first patented more than 100 years ago and people are still patenting improvements.
It is important to distinguish between patentability (the ability to get a new patent) and freedom-to-operate (the ability to make and sell your product in light of earlier... View More
answered on Aug 26, 2020
Trademarks may be registered with a state or federally with the USPTO. Consult with a trademark attorney to assist you with clearance search and application process.
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answered on Aug 18, 2020
It depends on what goods and services you're using the name for. If the name is descriptive, it will likely get rejected.
answered on Aug 18, 2020
Not a candidate for a patent.
35 USC 101 Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.... View More
I have written a screenplay based on a true story that includes a forgotten historical figure, the man who researched and wrote about him, and myself, who found the lost manuscript of the deceased author and decided to tell their stories. My work is more derivative than adaptation, but still uses... View More
answered on Jun 24, 2020
This situation has a lot of facts related to the situation.
You have spent such a significant amount of time working on the project so overall you will want to consult with a copyright/entertainment attorney. It would be an injustice for you to take anything from a message board as... View More
Is there anyway I can send the picture for trade mark register?
Thank you.
answered on Jun 19, 2020
In many instances, pictures are acceptable specimens to prove the use of a trademark associated with a good/service. A full application is required for federal registration of a trademark, though.
This answer includes generalizations and there are many caveats. This answer does not form... View More
I made a shirt with the word “GirlDad”
Would I be able to make same shirt by adding a space in between?
Example: “Girl Dad”
answered on Jun 17, 2020
Adding a space between the trademarked phrase may not be sufficient to overcome a likelihood of confusion and may result in a claim of trademark infringement if this mark is used in the same or related class of goods or services. Consult with a trademark attorney for more information.
I take character art from online, take out the background in Photoshop, make the character solid white; leaving only the outline and define the edges with a black stroke and then import the final product into a virtual table to resemble characters in our Dungeons and Dragons role-playing sessions... View More
answered on May 10, 2020
If you are copying in any way from someone else's art work, you will be making a derivative work which would be an infringement unless you received permission from the owner of the copyright protected work.
Do I need to create a contract or we can agree on terms in e-mail or a freelancer can sign a paper in free form saying that whenever they get paid for their work they transfer copyright ownership to me? My website is just .com, it’s not registered as a company.
answered on May 7, 2020
When working with an independent contractor it is good practice to have a signed written agreement where the contractor agrees that any intellectual property created while providing the services to you will be deemed "work for hire" and, if a court determines that the intellectual... View More
I can figure out recipes (may be or may not be true) of manufactured food products by using publicly available ingredients lists and my algorithms. I want to post them on my website and then rate products and review them - whether I find them healthy, safe, etc based on their ingredients amounts... View More
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answered on May 1, 2020
Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.
Say I was writing a fiction novel and wanted to overtly reference a distinct piece of visual art created by a real, living artist. Could describing it in detail in a literary work infringe on copyright? Specifically if I changed the context of the art, in this instance had the piece created by a... View More
answered on Apr 26, 2020
You pose an interesting question, not easily answered based on what you have described. However, there is a concept in copyright law called "moral rights." Some countries, like France, take a broad view of the concept. In the US, moral rights are addressed in Section 17 U.S.C. 106A.... View More
My mother in law passed away last summer, and my husband is her only child and living family. We need to figure out how to transfer ownership of her home and vehicle quickly because she hadn't paid property taxes for many years so we need to get on a payment plan of some kind as well as need... View More
answered on Apr 10, 2020
You do not need to complete transfer of title to either the home or the car to pay the property taxes, though paying them gives no ownership rights.
The DMV has an Affidavit of Heirship form.
While a court will not enforce it until it has been in the county clerk's deed records... View More
For the trademark that was once abandon, can that old company come after you with a cease and desist letter or I would need to pay them for using their name , And if so then what’s my right?
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answered on Mar 25, 2020
Just because a company filed bankruptcy doesn't mean they're not still using the mark in commerce. There are different types of bankruptcy and not all result in the company no longer doing business. Also, there are common law rights a trademark owner has once they continue to use the... View More
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answered on Mar 23, 2020
It depends on the class of goods and services and potential related goods or services that the marks protect. Just because a term is registered in one class doesn't mean a person cannot use it for different goods and services. The test is whether there is a likelihood of confusion among... View More
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answered on Mar 3, 2020
Just because the works aren't registered doesn't mean they are not protected by copyright. You would need to put a plan for dividing the assets upon dissolution in the operating agreement (if you're in the planning stages) or come to an agreement on dividing the assets if there is... View More
If I commissioned a freelance artist to created my a graphic character and we sighed a work for hire contracted before work started. does it fall in the nine categories of work for hire?
answered on Dec 30, 2019
Indeed that is the purpose of the contract and work for hire clauses
make sure your contract is firm and the other person understands what she signed off to avoid future complaints
What are my rights? I need advice! I know I've made mistakes, but im a great mom and my babies need me! How can i help this nightmare end? Im going to do better for my babies, no doubt. Im trying to work with the investigator, but when will my case become important enough? Im no one in this... View More
answered on Dec 30, 2019
Based on your details it sounds like you’re a good mother who has made some mistakes. Sounds like you have taken responsibility of those mistakes and ready to forge ahead. In order to fight the way you need to you’re going to have to hire your own attorney and be ready to spend thousands of... View More
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