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Virginia Intellectual Property Questions & Answers

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 reached... Read more »

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 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 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 property is land... 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 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 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 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 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 write...
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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 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...
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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 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 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 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 not a... 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 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 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.

1 Answer | Asked in Intellectual Property for Virginia on

Q: Copyright infringement question

I make custom pieces of art work for paying clients using the picture that they provide. Can I legally use the pieces that I make with their picture on them on my website. The pictures are only to showcase my work and I don't resell or recreate the piece to sell to anyone else.

Robert Jason De Groot answered on Nov 3, 2015

Have the customers sign a contract which states that you can use what you produce on your website.

1 Answer | Asked in Intellectual Property for Virginia on

Q: How do I find case results for patent infrigement cases in Virginia?

Paul Overhauser answered on Dec 17, 2010

Try going here: http://dockets.justia.com/

Select Virgina for the jurisdiction and patent (under intellectual property) for the case "Type." This will show you patent cases that have been filed. Then get a PACER account, and look at the docket reports for various cases.

Paul...
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