Get free answers to your Intellectual Property legal questions from lawyers in your area.
answered on Jul 2, 2024
To find your grandfather's patent, you can follow these steps:
1. Gather information:
- Your grandfather's full name
- Approximate date or year of the patent
- Any details about the invention
2. Use online patent databases:
- USPTO Patent... View More
The situation is messy. I went into business with my sister. She had a partnership with another sister, but the other sister left the business. So she asked me to join. We had a verbal agreement. It was promised that I'd become a partner, or we may renegotiate for me to have a stake in... View More
answered on Jul 25, 2024
Based on the situation you've described, there are several legal considerations to address:
Copyright ownership:
Your husband, as the creator of the logo, automatically owns the copyright to his work unless there was a written agreement transferring those rights.... View More
The situation is messy. I went into business with my sister. She had a partnership with another sister, but the other sister left the business. So she asked me to join. We had a verbal agreement. It was promised that I'd become a partner, or we may renegotiate for me to have a stake in... View More
answered on Jun 26, 2024
This situation involves several complex legal issues. Let's break it down:
1. Copyright ownership:
Generally, the creator of a work (in this case, your husband who designed the logo) owns the copyright unless there's an agreement transferring those rights. Since there was... View More
There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More
answered on Apr 3, 2024
Generally, yes, independent media may film and post videos of an event with the promoter's permission. However, If the event features music, separate copyright permissions for that music are likely required to avoid copyright infringement on platforms like YouTube.
There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More
answered on Mar 29, 2024
When an association grants exclusive media rights for its events to a third party, it typically means that this third party holds the authority over how any event-related content is distributed, used, or published across various media platforms, including YouTube and Facebook. This arrangement... View More
I registered a domain. Facebook sent me a letter not to do anything with the domain. This domain now belongs to Facebook
answered on Feb 27, 2024
If you've registered a domain and received a letter from Facebook claiming the domain now belongs to them, it’s likely because they believe your domain infringes on their trademark rights. Trademark law protects brands and trademarks from use that could cause confusion among consumers about... View More
answered on Feb 5, 2024
Under California law, the phrase "Dirty Hands Clean Money" is not inherently illegal. However, whether you can make and sell products with this phrase depends on the specific context and use. If the phrase is used in a way that implies illegal or unethical activities, it could potentially... View More
answered on Jan 21, 2024
Using Spirit Airlines' logo or trademark to develop a product would generally require written permission from Spirit Airlines, as their logo and trademark are protected intellectual property. Using these without proper authorization could potentially lead to trademark infringement issues.... View More
Here's the exact scenario, but with the character name changed. For example, the character name Matlock is currently trademarked for usage in books, films, and TV by a major media company (plus a number of other trademarks around clothes, notebooks, etc).
They also had the computer... View More
answered on Dec 20, 2023
When considering registering a trademark for a character name that's already in use in other mediums, it's important to recognize the complexities involved. Even if the trademark for the game version of the character name is abandoned, the character itself might still be protected under... View More
I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?
answered on Oct 19, 2023
OK, so here is the situation. You have two separate issues: (1) can you make and sell your energy drink?, and (2) can you patent it to keep others from copying your invention? The first question is typically the more important one.
(1) To make sure that you do not infringe on other... View More
I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?
answered on Oct 23, 2023
To determine if an ingredient or recipe has already been patented, you'll want to conduct a thorough patent search. Begin with the United States Patent and Trademark Office (USPTO) database, which allows you to search through issued patents and published patent applications. Utilize various... View More
I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?
answered on Oct 20, 2023
I have recently had quite a few potential clients with this sort of question and I have not been able to recomend any of them go ahead. First ou are faced with a couple of thousand years of prior art. Secondly the obviousnes standards for combining known ingredients are not high. I have had success... View More
I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?
answered on Oct 19, 2023
To determine if your energy drink ingredient is already patented, you can start by searching the USPTO database and other relevant sources. This will help you understand whether your invention overlaps with existing patents. For personalized legal advice tailored to your unique circumstances,... View More
My question is in regards to advertising. The opposite entity has retained the legal copyright to the former business name. I as the new company want to advertise myself as “Formerly the other company” but the opposing party is claiming I can’t use their name in any way. Would I be liable if... View More
answered on Oct 5, 2023
This is a trademark question, not copyright. It is certainly permissible to state that you were formerly known by another name (trademark) if it is factually true. It is not objectionable that you distinguish the prior use, because that avoids the likelihood of confusion. Promoting confusion is the... View More
My question is in regards to advertising. The opposite entity has retained the legal copyright to the former business name. I as the new company want to advertise myself as “Formerly the other company” but the opposing party is claiming I can’t use their name in any way. Would I be liable if... View More
answered on Oct 9, 2023
The question seems to revolve around trademark rights rather than copyright. To provide a more precise answer, it's crucial to have a clear understanding of the specific name you are attempting to claim and the details of the registered trademark that is raising concerns. Additionally,... View More
My question is in regards to advertising. The opposite entity has retained the legal copyright to the former business name. I as the new company want to advertise myself as “Formerly the other company” but the opposing party is claiming I can’t use their name in any way. Would I be liable if... View More
answered on Oct 15, 2023
Using a phrase like "Formerly [the other company]" when you do not have rights to the name can be legally risky, especially if the other entity has retained the legal rights to the name. Such usage might be seen as trading on the reputation of the former company or misleading consumers,... View More
The art says "Peep-a-Boo" and shows just the ears at the bottom of the image indicating it's about to come up or is hiding. I have another one that shows just the middle of a peep's face (two eyes but no ears or body) hiding in a cracked egg. Finally, I have one that shows a... View More
answered on Mar 29, 2023
It is difficult to determine whether the use of "Peep" and a small fraction of a Peep's shape in your artwork would be considered a parody without more information about the context and purpose of your artwork. However, even if your artwork is intended as a parody, it is possible... View More
Indigenous Immersion Schools receiving grant funding and federal funding to operate must create a complete curriculum in target language that is unavailable elsewhere for purchase. These schools would like to copyright their work and are trying to decipher who has legal rights to copyright.
answered on Mar 29, 2023
Curriculum created by school staff through grants or federal funding can potentially be copyrighted. However, the copyright ownership may depend on the specific terms of the grant or funding agreement. If the grant or funding agreement specifies that the curriculum is a work for hire, then the... View More
Indigenous Immersion Schools receiving grant funding and federal funding to operate must create a complete curriculum in target language that is unavailable elsewhere for purchase. These schools would like to copyright their work and are trying to decipher who has legal rights to copyright.
answered on Mar 15, 2023
Yes, it can, however you need to review the terms of the grant. When the Federal Government produces creative material it usually is copyright free (search Google for "U.S. Government Works" to learn more). Works prepared for the Federal Government by contractors may be owned (and... View More
I as a distributor of tea products place a brand customer's custom logo on the product and ship to their customer when they have orders. If one of these brands also has us place another 3rd parties logo (a 501c charity they raise money for) on the product am I at risk of any legal liability... View More
answered on Jun 21, 2023
Those third party logos are someone's intellectual property, and I would advise you to obtain some kind of proof from your customer that these third party logos are allowed/licensed to be used in the particular product.
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