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Wisconsin Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: How to know I'm not infringing selling NMN anti-aging supplement? Very complicated patents about mfg, use etc.

At amazon dozens of companies are selling NMN so it appears to be unpatented as a molecule, unlike the competitor NR (nicotinamide riboside) where patent holder ChromaDex claims a monopoly sues others distributing it. Yet google patent pulls up many US and foreign patents - some mfg process and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 14, 2021

Your question is pretty convoluted, impossible to answer here.

You have to consult an attorney.

1 Answer | Asked in Intellectual Property for Wisconsin on
Q: Looking for information on intellectual property.

I've done educational consulting for years and am considering an independent consulting contract as a trainer with a national company. The contract has a clause about intellectual property that I am looking for clarification or help with. I plan to continue work outside of this new contract... Read more »

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Jan 14, 2021

Usually, unless an employee (of an employer) or a contractor (of a client) invents something or creates a copyrightable work FOR the employer/client as an express part or condition of the person's employment or as a "work for hire," the invention/work would belong to the... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Is it illegal to mark a photo containing a restaurant logo with a CC0 license?

I'm working on some open-source exercises for Russian language students, and for an alphabet-related exercise it would be very helpful to display pictures of Russian signs with English cognates that beginner students can read easily. However, I'm unsure of the legal implications of using,... Read more »

Kathryn Perales
Kathryn Perales answered on Dec 2, 2020

Here, you are describing the intersection of copyright and trademark law. While it would be trademark infringement to open your own restaurant called Burger King, or to sell a hamburger wrapped up in a wrapper that says Burger King, you certainly can take a picture of a Burger King restaurant and... Read more »

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: good day.referring to the patent at this link:https://patents.justia.com/patent/8381623this is my patent from 2008

I offered to sell the patent to Fiskars in early 2009, after a long distance call they went quiet on me.

I just discovered that they went ahead and claimed the patent for themselves. My patent was published in a journal in South Africa shortly after South africa joined the international... Read more »

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Oct 12, 2020

You will need to retain a U.S. patent attorney to sit down with all pertinent documents to fully assess the situation, including but not limited to reviewing the "prosecution history" of the Fiskars patent (does it cite your SA patent?). The claims of the patent are key - if the claims... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Assuming that a story itself is protected by copyright, does that also apply character names, quotes, etc. in the story?

Are you allowed to re-use a small percentage of a protected work?

Kathryn Perales
Kathryn Perales answered on Jun 16, 2020

A tough question to answer, even when you know all of the specific details! Copyright protection certainly applies to quotations. It can apply to aspects of the characters, depending on how recognizable they are. As an example, writers of "fan fiction" encounter this dilemma all the... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Wisconsin on
Q: If I were to use the words snoop dogg on a tshirt in reference to a plain dog theme, is that a violation of a IP?

can i send the example of the t shirt for reference? dog theme is purely general, no negative/positive undertones,

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

The issue here may not be one of trademark but rather the right of publicity. Snoop is a celebrity whose name, image and likeness have monetary value. If someone else uses that for monetary gain they could be liable. Feel free to email me at tania.williams@williamsfirmpa.com for a consult so... Read more »

Q: What are the first steps in protecting a concept for/of a new business? Does it involve patents or copyright?
Kevin E. Flynn
Kevin E. Flynn answered on Jan 23, 2019

Might not be a patent. The Supreme Court has recently made it fairly difficult to patent a method of organizing human activity. See the documents used to train patent examiners -- https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility On the other hand,... Read more »

1 Answer | Asked in Contracts and Intellectual Property for Wisconsin on
Q: I purchased a lecture on a CD set and made a transcript. Is this legal? May I gift CD sets and transcripts I've made?

I use the CD set and transcript as part of my psychological therapy. I would like to purchase additional CD sets for my therapists and also give them a copy of the transcript that I made. Is this legal?

May I purchase CD sets and present them along with a copy of the transcript to... Read more »

Griffin Klema
Griffin Klema answered on Nov 30, 2018

Preparing the transcript might be considered fair use or a derivative work. So long as you purchase as many copies as you are giving to others and using within your practice, the likelihood of a possible copyright infringement claim falls significantly. But without further information about... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Wisconsin on
Q: When can the "name" of a character be protected under copyright law, even though it typically wouldn't?

Copyright itself doesn't protect only just a name, you can't copyright just a name at all. But, "characters" should be protected under a copyright if they are unique, but isn't a name an intrinsic part of a character and its accompanying story?

Bryan Thomas Kroes
Bryan Thomas Kroes answered on Aug 9, 2018

A full answer to your question will require a more fact-intensive analysis. Generally, copyright law will afford protection of the fictional character itself when it has appeared in a copyrightable work and has a life of its own within that work, however, achieving a level of distinctiveness such... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Wisconsin on
Q: How would I go about trade marking Build A Blunt?
Benton R Patterson III
Benton R Patterson III answered on Jul 20, 2018

You should speak with a trademark attorney in a confidential conversation. It may be possible. An attorney would need to know more about your business.

1 Answer | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Copyright Use

Hello I am currently developing a college football website, and I created a logo that I am wondering if it would be OK to use. The logo uses the Big Ten conference font and says "B1G" like the Big Ten logo, but it is stretched out and there is a football filled inside of the letters... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on May 7, 2018

You probably should discuss this with an experienced intellectual property attorney. The issue may implicate issues of both copyright and trademark law. Your proposed logo may infringe the trademark rights of the Big Ten Conference if your logo creates consumer confusion as to the source of your... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: For how long does an inventor(s) maintain the right to control the dissemination and usage of their patented content?

Is there a federal maximum number of years which is applicable to all patent applications? How would this length of time be negotiated? Can the length of time be adjusted later on, in a re-application of some sort? Does average length of time tend to vary by state, by industry, number of... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Feb 19, 2018

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten... Read more »

1 Answer | Asked in Intellectual Property for Wisconsin on
Q: Third World Media settlements?

Does anyone have information about settlement status with Third World Media LLC plaintiff for copyright violation issues?

Paul Overhauser
Paul Overhauser answered on Dec 2, 2010

Third World has filed 5 cases. The first two are concluded, and the last three are still pending:

1 Third World Media, LLC (cd) cacdce 2:2009-cv-01603 820 03/06/2009 10/28/2009

2 Third World Media, LLC (pla) cacdce 2:2009-cv-01603 820 03/06/2009 10/28/2009

3 Third World Media,...
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