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Virginia Intellectual Property Questions & Answers
2 Answers | Asked in Intellectual Property for Virginia on
Q: Is my device patent-able?

Out of my garage, I created a device for elderly and vision-impaired assistance, out of commercially available components and open source code that enhances a particular medical companies system... Is it patentable? And after it is patented, I would like to approach the medical company with the... Read more »

William Scott Goldman
William Scott Goldman answered on Jul 6, 2020

While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!

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1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: How could I go about purchasing this design and copyright?

Im interested in obtaining the copyright for the fabric to produce fabric for paintball good

James D. Williams
James D. Williams answered on Jun 22, 2020

Greetings.

There are two options that basically stem from the root of asking the person who owns the right for permission to use it.

(1) Ask for a license. Basically you just would tell them what you plan on doing and see if they will allow you to do it. You may have to pay them...
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1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: if a member of Apple Music/Spotify puts music on a photo and shares it across apps is that illegal?

I'm making a photo-sharing app where users can add music to photos (if they're members of Apple Music or Spotify) and share these photos that have songs on them to other apps, would that be illegal? Since Apple Music/Spotify both own licenses to songs and users are paying for these services.

Barbara Berschler
Barbara Berschler answered on May 27, 2020

It mostly boils down to what are permitted uses of the music based on the licenses issued by Apple Music/Spotify. It would be important to check the Terms of Use/licenses granted to the members. The licenses may not extend to letting members add the licensed music to another application. Best... Read more »

1 Answer | Asked in Divorce, Products Liability and Intellectual Property for Virginia on
Q: I got engaged in January in Richmond Virginia we broke up a month ago do I have to give the ring back??
James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 18, 2020

The answer depends on who the "we" is that broke up. If the intended groom terminated the engagement, the intended bride keeps the gift. If it was the intended bride terminated the engagement, or the engagement was terminated by mutual decision, the gift should be returned to the groom.

1 Answer | Asked in Civil Litigation, Contracts and Intellectual Property for Virginia on
Q: I am the real inventor of web cam covers for portable devices

I have a application on file and willing to name a co inventor for help with this huge law suit. Has to be a nice person and a patent litigation attorney. I'm truly the real inventor I proved that december 3rd 2019 my name begins with a c. This can be not only a big opportunity for me but a co... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 26, 2020

I regret that I am neither a parent litigation attorney nor an investor in such patents or inventions. Sorry.

Q: Are we allowed to file and own a patent while working for a company? The patent is not related to the company field.

Our contract mentions

"conceives, creates, invents, designs, develops, contributes to or improves any works of authorship, inventions, materials, documents or other work product or other intellectual property, either alone or in conjunction with third parties, at any time during... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 7, 2020

This question comes up all the time. You will need to take the contract and employee manuals that deal with the duty to assign inventions to an attorney in the state where you work. There are some states that have limits on the scope of this mandatory assignment clause for employees.

It...
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1 Answer | Asked in Intellectual Property and Trademark for Virginia on
Q: If we want to trademark "Feel Good Skin Care," is Aveeno Feel Good Skin too close to be able to get a trademark?
Karima Gulick
Karima Gulick answered on Aug 20, 2019

it depends on the classes they're using the mark for and the ones you're planning on using the mark for. If it's for the same goods/services and they've been using the mark longer, then it would be an issue. You should consult a trademark attorney.

1 Answer | Asked in Intellectual Property for Virginia on
Q: How do I get a preliminary injunction?

I have the state and federal trademark for my event name. Last year two parties started doing the same one and using a big part of my name. I paid an attorney; who is not a trademark lawyer, to send a cease & desist letter but it was after their event had already passed. She said they never... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 24, 2019

If cease and desist letters are not working, and you have tried amicably to settle with them, looks like your only option is to file a lawsuit.

In the lawsuit you can ask for an injunction. It will be based on the chances that you will win the lawsuit, so it is not a done deal....
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1 Answer | Asked in Intellectual Property for Virginia on
Q: How do I file a patent for a potential consumer product and protect my intellectual property?
Darrin A. Auito
Darrin A. Auito answered on Sep 13, 2018

Contact an experienced patent attorney that is familiar with your technology.

1 Answer | Asked in Intellectual Property and Real Estate Law for Virginia on
Q: I need to talk to someone about retrieving property?
Richard Sternberg
Richard Sternberg answered on May 4, 2018

You'll have to give the lawyer much more detail than that, but it is probably best for you not to reveal facts that might be critical to your case in an open, Internet forum where nothing is covered by attorney-client privilege. Try visiting Avvo.com. Plug in "real estate" if the... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Virginia on
Q: What happens if you come across an invention w/status of "abandoned" on the application? Can you move forward with it?

Application was submitted in 2012. Abandoned status in 2014. I noticed that the product has been manufactured in China and available to import.

Kevin E. Flynn
Kevin E. Flynn answered on Mar 7, 2018

If an application is abandoned far enough back that it is not a situation where the response was lost in the mail (and may be revived), then you should check three things.

1) Sometimes when things are not going well, an applicant will file a continuation or a continuation-in-part and...
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1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Copyright for Virginia on
Q: how can multiple companies sell sewing tape measures without infringing on a patent?

Multiple companies like Singer, Dritz and less well known companies sell sewing tape measures. How do they escape infringing on patents? Further, how can multiple companies sell retractable tape measures without infringing?

Kevin E. Flynn
Kevin E. Flynn answered on Mar 5, 2018

There are a few options for how multiple companies sell a product when there is a patent for that product.

1) The patent has expired at the en of its normal term or early for failure to pay a maintenance fee. Once the patent is no longer in effect, companies are free to create a generic...
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1 Answer | Asked in Intellectual Property, Real Estate Law and Landlord - Tenant for Virginia on
Q: Why do I have to view a property before I can rent it?

I'm in Kansas. My husband is set to get out of the US Army but we can't get the moving process started until we have a place to live lined up. We were dead set on moving to Virginia but this is a giant hindrance.

F. Paul Maloof
F. Paul Maloof answered on Jan 25, 2018

Generaly, it is important to inspect the premises before you enter into the lease. I think you can waive your rights to inspect the property and just rent it "As Is." This may or may not solve your problem.

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Virginia on
Q: If I just created a new invention or concept what's the best way I can protect if I have no money
Peter D. Mlynek
Peter D. Mlynek answered on Oct 16, 2017

You've asked about an invention, which is covered by patents, but you posted your question under copyrights. Let me answer your question both ways.

COPYRIGHTS

If you are trying to protect something that is copyrightable, then the protection does not cost you anything. If you...
Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Virginia on
Q: How can I protect my ideas if im dead broke?
Kevin E. Flynn
Kevin E. Flynn answered on Oct 11, 2017

For a short period of time, you can keep your idea a secret. This may not work forever as others may eventually come to the same solution for the same problem.

There is a pro bono program for inventors run at the United States Patent and Trademark Office. I have not used this program...
Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: Copyright Infringement- What do I do now?

I am a photographer with a registered Copyright. I work as a freelance for my own company and another company for sports. Under this, the photographs that I take are my own property. My school says that I must present them with my photographs because I am technically shooting for them which is not... Read more »

Benton R Patterson III
Benton R Patterson III answered on Sep 20, 2017

The ownership of the copyright to the photographs will depend on your employment arrangement and any applicable contracts. An IP attorney needs to review all the facts and documents to determine who owns the rights to the photograph. In the future, it would be best to have an attorney prepare a... Read more »

2 Answers | Asked in Intellectual Property, Personal Injury and Real Estate Law for Virginia on
Q: Can you sue someone homeowners insurance you get hurt on job thier property
Richard Sternberg
Richard Sternberg answered on May 1, 2017

You cannot sue their homeowners insurance. If you worked for them as a contractor not covered by workers compensation insurance, you can sue the homeowner or whomever was negligent in causing your injury. If you were covered as an employee by workers compensation, you can file a claim against your... Read more »

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1 Answer | Asked in Intellectual Property and Internet Law for Virginia on
Q: If I start up a website, can I quote all other websites?......

.....as long as I put the information in quotes, give the name of the site, give the name of the author if possible, and give a link to the page the quote came from?

Glenn B. Manishin
Glenn B. Manishin answered on Apr 23, 2017

The legal concept you are invoking is called "fair use" ad is an exception to copyright. You cannot duplicate a website or its pages but under some circumstances -- which vary depending on the amount, nature and context of use -- use a portion of their content. Attribution or linking is... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: I have an idea for a system which can predict a large earthquake. Please let me know how I can find a lawyer willing to

help for sharing the monetary profits.

Will Blackton
Will Blackton answered on Feb 3, 2017

You can find a lawyer by contacting the Virginia Bar Association. Here is a link to their referral program: http://www.vba.org/?page=referrals_complaints

1 Answer | Asked in Intellectual Property for Virginia on
Q: I was just wondering how to oppose someone trying to trademark a common phrase. Thank you!

Someone is trying to trademark a common phrase people use in crafting children's clothing. Is there any way to contest this from happening?

Robert Jason De Groot
Robert Jason De Groot answered on Nov 7, 2015

You have not said what it is you are actually talking about. Start by learning about trademarks. You can learn a lot about them on the internet.

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