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Washington Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Is it illegal to publish an AI model trained on content that is illegal/pirated?

Specifically, the popular website musescore.com has scores that are "official" and cannot even be downloaded by subscribers, but musescore developers published the scores online, saying "fire us". Therefore, I am assuming that those files are illegal or pirated. Is it illegal to... View More

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

Copyright in works generated with AI, and use of copyrighted materials in AI training are hot topics lately. The US Copyright Office has issued guidance on the subject which can be found here:

https://www.copyright.gov/ai/

The important legal point is that copyright registration...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Washington on
Q: solawave patent

is the actual product SOLAWAVE 90185508 sells patented - or can another company sell the same product with different branding?

Eric Estadt
Eric Estadt
answered on Jun 22, 2023

The product shown in trademark registration number 90185508 for SOLAWAVE appears to be registered as a design patent under D968633 for SKIN TONING DEVICE. Thus, a third party could not simply market an identical product under a different brand name without risking infringement of Solawave's... View More

2 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: i want to trademark for clothing brand called chosen or chosen one. is this possible?

i see that there are many companies that all have the same name trademarked, many companies have "chosen one" or "chosen" trademarked. how does this work? does this mean i can also make a brand called chosen and get it trademarked?

Felicia Altman
Felicia Altman
answered on Apr 5, 2023

Only one same or similar trademark can be registered in a class of goods and/or services. In order to find out if your brand/ trademark is available in the required class of goods/services you should consult a trademark attorney or service company. A quick trademark search can be conducted to... View More

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Q: Can this device be re-patented and re-made since the devices patent is expired
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

No.

The idea behind a patent is that the inventor discloses the invention, and in turn, the government gives the inventor something of value: the ability to keep others from using the patenting invention for a limited time. After the time runs out, anyone can use that invention.

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1 Answer | Asked in Personal Injury, Intellectual Property and Wrongful Death for Washington on
Q: I am experiencing a surplus of things people don’t know I need to sue and don’t have money i need help pls.

I have been hurt and can’t find the right help .

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2022

A Washington attorney could advise best, but your question remains open for a month. I'm sorry you were hurt. Without knowing the details of how it happened, it's difficult to offer meaningful direction. One option is to reach out to Washington personal injury attorneys to review your... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: If my painting was used on a blog with my permission, can another online publication use same image if I own copyright?
Timothy John Billick
Timothy John Billick
answered on Dec 28, 2020

It depends on what rights you gave to the blog, and if your subsequent usage would exceed those rights. Talk with an experienced copyright lawyer.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: In a trademark, can I protect future additional goods & services that are in progress & haven't been created yet?

I'm planning on creating a book series in which I want to trademark the title. I'm also currently creating a video game to add to this franchise. In the future, I want to file another application to extend my trademark to not only protect my books, but my video games too.

Since... View More

Allison Higgins
Allison Higgins
answered on Nov 12, 2020

Hi there! It is great that you are thinking about IP protections from the very beginning.

From a trademark standpoint you have limited options that far in advance. You can file trademark registrations for things that are not in commerce yet (called an intent-to-use application), but the...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: I am trying to create my own gum and mint that has caffeine, l theanine and other Supp. How does this patent affect it?
Timothy John Billick
Timothy John Billick
answered on Sep 28, 2020

Without knowing what patent you're referring to, I can't answer this question fully. However, you can create various search terms around these elements if you utilize Google Patent Search, the USPTO database (PatFT), and the WIPO patent search database (patentscope) to get you in the... View More

2 Answers | Asked in Banking, Bankruptcy, Business Law and Intellectual Property for Washington on
Q: What kind of an attorney do I need if there are issues with divorce, fraudulent bankruptcy, property, and business.

He also made me very sick. I have been blocked from seeing any documents. I am in need of a attorney ASAP

Robert C. Hahn III
PREMIUM
Robert C. Hahn III
answered on Jun 4, 2020

The short answer is, you need an attorney that understands both family law and bankruptcy law or two lawyers that know each individual area of law to work together.

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2 Answers | Asked in Copyright and Intellectual Property for Washington on
Q: I have a questions about copyright infringement and my stolen content

Hello, I am an artist known by the name LeopARTnik (everyone calls me Leo). I create different content but lately, it is short video animations. I am not making money on my work yet. I am still growing and building my audience but it is growing rather fast. The issue I want to discuss is related to... View More

Enrico Schaefer
Enrico Schaefer
answered on Mar 30, 2020

This is a common problem. The first thing you should do is register your copyrights. You typically have less leverage if you are not registered. Registration will definitely help you with infringement moving forward. I would need to know more about where the works are being copied from and other... View More

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1 Answer | Asked in Constitutional Law, Intellectual Property and Small Claims for Washington on
Q: So if someone who I live with who I have no relationship to, violates my 4 amendment right, can I create a case?
Tim Akpinar
Tim Akpinar
answered on Dec 4, 2019

The Fourth Amendment applies to unlawful searches or seizures on the part of the government. Your situation sounds like a civil matter between two individuals. Keep in mind that whatever legal remedies might be applicable here that a Washington attorney could advise about, it could be... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: I'm an artist who is using portraits from historic photos for which copyright is difficult to determine.

The photos have generally been captured from online sites such as Pinterest or general historic photo searches. Specifically I'm plucking images of people from the internet, printing them on my home computer, physically cutting them out of their original setting and collaging them into bigger... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 9, 2019

You are facing a tough issue. You should definitely talk to an attorney. Also check with an insurance company agent covering copyright violations. They may have some clear cut criteria you can use as a guide.

In general there are several layers of rights. Pintrest and the poster could have...
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1 Answer | Asked in Intellectual Property and Trademark for Washington on
Q: Can a Trademark be similar to another without penalty,i.e. "Happy Place" vs. "Your Happy Place" for example?
John Martin Hilla
John Martin Hilla
answered on Jun 17, 2019

It is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO will file an Office Action in response to the... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: What is the process for requesting permission to use Robert Indiana's LOVE to raise funds for a non-profit maker space?

We would like to open a non-profit maker space to offer STEAM Camps for students in Washington, DC. We would like to sell products, derived from Robert Indiana's LOVE sculpture, made by students and members, to raise $20,000-40,000 to cover the first few months of rent.

We would... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 13, 2019

You should look up him, or his agent. And ask for the right to use it.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: Are provisional patents for design?

Competitor claims they have a provisional patent for all but color change of an (my) existing product. I thought provisional patents were for utility only. Could they be lying? How do I find out?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 26, 2018

A provisional patent application is for a utility patent but one can file a design patent application as a continuation of a utility patent application so there is some small chance that they could end up with a design patent from an initial provisional patent application.

Generally a...
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1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Can I use some lyrics from an album in a zine I created of analog collages if I give credit to the artist/album?

The whole zine (magazine) is an ode to the influence and inspiration I received in my life from the album which is explained in the introduction. I've taken some of my favorite lyrics and created a series of analog collages for each lyric. I listed the credits on the end page. I have reached... View More

Andrew Zulieve
Andrew Zulieve
answered on Jan 31, 2018

Copyright infringement requires that there be a substantially similar reproduction of another's original work of authorship. It is a fact-intensive inquiry and may be, but is not necessarily always, tied to the actual amount of copying from the original work of authorship. It may be a good... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: I’m trying to determine if this patent is what I’m looking to create - https://patents.justia.com/patent/8656283

I’m looking to create a mobile program that allows kids to create their own stories by supplying them with art assets and allowing them to write in text. If this patent is that exact thing, is there a way around creating that or am I completely blocked on making this program? When does the patent... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 7, 2017

Thanks for caring enough about doing the right thing to ask a question. The technical term for what you are asking is called freedom to operate (FTO) or sometimes "clearance". You are asking whether there are concrete legal rights that exist that would impinge on your freedom to operate... View More

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1 Answer | Asked in Copyright, Internet Law, Business Law and Intellectual Property for Washington on
Q: Eat24 or an affiliate marketer made a site "stacias-pizza.com" that makes it look like my client's. Is this legal?
Will Blackton
Will Blackton
answered on Jul 7, 2017

Are you saying you're a web designer and you created a website for a pizza place, and someone copied and rebranded that website as Stacia's Gourmet Pizza?

If so, how much of your work was copied? What elements: images, text, html?

Or are you saying that Stacia's...
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1 Answer | Asked in Intellectual Property for Washington on
Q: Would it be Illegal to sell a hockey jersey that does not have the NHL logo or the name Reebok anywhere on it?

Say I had a Red Wings jersey that looked like the real jersey but was not real because of the stitching, straps, etc. But the jersey did not say Reebok or NHL anywhere on it. Would it still be illegal to sell would I be infringing on any IP?

Walker Weitzel
Walker Weitzel
answered on Apr 29, 2017

The key question in trademark law is whether there is a likelihood that a consumer would be confused about the source of the jersey. There are a bunch of parts of a jersey that might indicate its provenance, including the design, the team name, any logos, team colors, etcetera that could all be... View More

2 Answers | Asked in Copyright and Intellectual Property for Washington on
Q: Does mailing a copy of original work to yourself give you any copyright protection?

I have a brochure I made in 1998 I only have the one copy that I mailed myself to protect the work. I want to update it but don't want to lose any protection I might have by opening the envelope. Is it protecting me, and thus needs to remain unopened, or is that an urban myth?

Will Blackton
Will Blackton
answered on Feb 24, 2017

This is an urban myth. Original creative works receive copyright protection as soon as they are created in some retrievable form, that is, when they're written or printed. Mailing yourself the work does nothing to enhance that copyright protection. However, filing for statutory copyright... View More

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