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Utah Intellectual Property Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Utah on
Q: I have a patent assignee who failed to pay the maintenance fees. Do I have any recourse to reclaim abandoned IP?

Can I petition the patent office, pay the fees, and recapture the abandoned patent (for lack of fee payment) ? Are there other remedies? I am the inventor of over 25 US patents. I filed the last patent application pro se. It was granted without questions from the examiners.

James L. Arrasmith
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answered on May 11, 2024

Regaining patent rights after the assignee has failed to pay maintenance fees can be challenging, but there are a few potential avenues to explore:

1. Petition to Accept Delayed Payment: If the maintenance fee payment window has not been closed for too long (usually within 24 months of the...
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1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: If I personally draw a silhouette of a character from a movie and put it on a tshirt to sell it, can i be sued?

I am looking to make a clothing item based on an idea from an animated movie but do not want to be sued for copyright infringement. All designs are personally hand-drawn by me but are based on characters from the movie. There are no details in the drawings, just silouettes.

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answered on Mar 25, 2024

If you create and sell clothing featuring silhouettes of characters from an animated movie, you could potentially face copyright infringement issues. Copyright law protects original works of authorship, including characters from movies. Even if you've hand-drawn these silhouettes without... View More

2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: I am wondering about trademark law specific to a product and words rather than a logo/brand company name.

I made a chronic illness planner. Another company has a trademark on the words-UTOPS confirmed, "Chronic Illness Planner." (It's not their brand nor logo/company name but trademarked to their specific planner product). What are the safe bounds for my product and name, (which would... View More

Alan Harrison
Alan Harrison
answered on Mar 13, 2024

I am skeptical that someone actually registered a trademark for such a descriptive or even generic combination of words. Because you have not engaged me I have done no work to investigate or confirm your facts. Taking what you say as true, there is a very limited scope of protection for a... View More

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: I am wondering about trademark law specific to a product and words rather than a logo/brand company name.

I made a chronic illness planner. Another company has a trademark on the words-UTOPS confirmed, "Chronic Illness Planner." (It's not their brand nor logo/company name but trademarked to their specific planner product). What are the safe bounds for my product and name, (which would... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you've provided, here are some key points to consider regarding trademark law and your specific situation:

1. Trademark infringement: Using the exact trademarked phrase "Chronic Illness Planner" for your product could potentially lead to trademark...
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1 Answer | Asked in Trademark and Intellectual Property for Utah on
Q: Planner company has TM on "Chronic Illness Planner." How can I use those words legally without infringing on trademark?

A planner company (bloom planners) has trademarked the words "chronic illness planner" and I'm wondering what legal ways I can use those words without infringing on the trademark? Chronic Illness and Planner are both generic words but put together for that company, they represent a... View More

James L. Arrasmith
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answered on Feb 25, 2024

Navigating the use of trademarked terms requires careful consideration to avoid infringement. When a company has a trademark on specific terms like "Chronic Illness Planner," it means they have exclusive rights to use those terms in certain contexts, particularly in the same industry or... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: how are people able to sell a product even though it has a patent design?

Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 24, 2024

I do not know what patents cover selfie sticks, but generally when someone says that they have a patent for product, they typically have a patent on only certain kind of a product.

So, for hypothetically, a "selfie stick patent" may claim a selfie stick that attaches the camera...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: how are people able to sell a product even though it has a patent design?

Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?

James L. Arrasmith
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answered on Feb 25, 2024

When a product like a selfie stick has a patent, it means that the original inventor has exclusive rights to make, use, or sell the invention for a certain period. However, people can sell different versions of a patented product by ensuring their versions do not infringe on the specific claims of... View More

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1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: Copyright: If multiple people contribute to a finish document who has copyright to it?

We often survey and map caves. Typically this involves people shooting survey instruments, then sketchers recording the data and hand drawing a map, and then a cartography takes all the data and makes a digital version. Many people in our world assume the cartographer who makes the finished digital... View More

James L. Arrasmith
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answered on Feb 21, 2024

In situations where multiple people contribute to the creation of a finished document, determining copyright ownership can be complex. Copyright law typically recognizes the contributions of each individual involved in the creation process. While it's common for people to assume that the... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Utah on
Q: Hello gentlemen of Justia,I am starting a new collectible trading card game and I would like to Copyright the name.

I am starting a new collectible trading card game and I would like to Copyright the name before start all the design and PR. Is there a way to check if names are copyrighted or not? And Also, if a name is copyrighted but under another category (videogames for example), what happen?

I would... View More

James L. Arrasmith
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answered on Jan 17, 2024

To protect the name of your collectible trading card game, you should consider trademark registration, not copyright. Copyrights protect original works of authorship, like books and music, while trademarks protect brand names, logos, and other identifiers of the source of goods or services.... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Utah on
Q: Hello gentlemen of Justia,I am starting a new collectible trading card game and I would like to Copyright the name.

I am starting a new collectible trading card game and I would like to Copyright the name before start all the design and PR. Is there a way to check if names are copyrighted or not? And Also, if a name is copyrighted but under another category (videogames for example), what happen?

I would... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 15, 2024

The concern is with trademarks, not copyright. You should consult an experienced trademark attorney to review your plan, research existing marks and assist with the selection of a mark that you will be able to register for exclusive use in the relevant market. If the game will be distributed in... View More

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1 Answer | Asked in Gaming, Copyright, Intellectual Property and Trademark for Utah on
Q: Can I use "K9" for a Dog Kennel, Gaming Community, or any Publicly Official Name and risk legal trouble?

I am considering a few ideas and want to relate them to my dog. I have a dream of owning and running a Dog Kennel and Breed Dogs Officially and I have a Gaming Community that is looking for an Official Name. I would like to relate it with K9. I know K9 is often referring to Federal Working Dogs and... View More

James L. Arrasmith
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answered on Dec 4, 2023

Using "K9" in the name of your dog kennel or gaming community is generally permissible, as "K9" is a common term used to refer to dogs, particularly in the context of police or military dogs. The term itself is not typically subject to copyright because it is considered a... View More

2 Answers | Asked in Contracts, Copyright and Intellectual Property for Utah on
Q: y boyfriend builds decks and in past did for a company that has published photo’s of his work on a national decking web

Not recognizing him as they builder in any article or on discription of the deck .can he sue for not having him recognized as the actual builder ?

James L. Arrasmith
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answered on Nov 9, 2023

Your boyfriend's ability to pursue legal action for recognition as the builder in published photos of his work would depend on the terms of any contract he had with the company and on copyright laws related to authorship and works made for hire. If there was an agreement that credits him as... View More

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Trademark 88412652 can i apply for that trademark
James L. Arrasmith
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answered on Sep 24, 2023

To determine if you can apply for the trademark associated with serial number 88412652, you'll need to check its current status in the United States Patent and Trademark Office (USPTO) database. If the trademark is listed as abandoned or expired and there are no other conflicting marks, you... View More

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Trademark 88412652 can i apply for that trademark
Felicia Altman
Felicia Altman
answered on Sep 20, 2023

When looking at the USPTO this mark is shown as abandoned. If the USPTO mark the trademark as dead then it is no longer protected and someone else can file for the mark. If the mark is still in-use and registered/active another individual or company would be unable to register for the mark.

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Can I use the same color in general with an app and we do similar business but different UI designs

Is it possible for me to use a color? "blue" which another business already uses, we are similar businesses but our app layout is very different.

David Aldrich
David Aldrich
answered on Aug 3, 2023

Someone can always sue; the important question is whether someone would have a reasonable case against you. Usually, color alone is not sufficient to establish an enforceable trademark right, but there are exceptions, when a color has become associated with a particular product in the minds of... View More

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Can I use the same color in general with an app and we do similar business but different UI designs

Is it possible for me to use a color? "blue" which another business already uses, we are similar businesses but our app layout is very different.

James L. Arrasmith
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answered on Aug 6, 2023

In general, using a common color like "blue" in a business application is not likely to be considered trademark infringement, especially if the overall design, layout, and branding are distinct. Trademark protection usually requires a specific combination of elements that create a unique... View More

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1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: Am I able to use motivational/inspirational quotes and make a profit?

Think famous quotes from Oprah or Steve Jobs or Dale Carnegie. Say I'm compiling a book of quotes to sell, or even emailing them out each day for a fee or something like that. Can I use other people's motivational/inspirational quotes (with or without attributing it to them) legally?... View More

James L. Arrasmith
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answered on May 24, 2023

Using motivational/inspirational quotes from famous individuals in a book or for profit can potentially raise copyright concerns. While short phrases or expressions may not be protected by copyright, using substantial portions of copyrighted works or attributing quotes without permission can... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: Is there a patent for a Helmet in a baseball cap?
Stephen E. Zweig
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answered on Jan 24, 2023

One good way to research this is to use patents.google.com, type in various relevant keywords, and see what you find. For example, try: https://patents.google.com/?q=helmet+baseball+cap&oq=helmet+in+baseball+cap and various other variations.

1 Answer | Asked in Intellectual Property and Trademark for Utah on
Q: Can I use the tagline "The Whoniverse, the Multiverse, to infinity and beyond..." in a logo for a travel agency

I am designing a logo for a travel agent that will be used at comic conventions and similar fan experiences to advertise a service that arranges travel to such conventions.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 22, 2023

Although there are trademark registrations for marks including the words WHONIVERSE and MULTIVERSE, use of these words in a slogan should be considered fair use and not infringing as they are generic terms.

1 Answer | Asked in Intellectual Property for Utah on
Q: Can they take garnishment after 9 years For property
James L. Arrasmith
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answered on Aug 15, 2023

It's advisable to consult with an attorney to review the specific details of your case and determine the applicable laws and limitations.

Best regards,

James L. Arrasmith

Founding Attorney and Chief Lawyer

The Law Offices of James L. Arrasmith

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