Richard T Matthews’s Answers

Richard T Matthews

Raleigh Patent Infringement Attorney.

Contributor Level 12
  1. Can the same trademark name be used by 2 different types of business?

    Answered over 1 year ago.

    1. Richard T Matthews
    2. Christopher Daniel Leroi
    3. Jeffrey S. Marlink
    4. Bruce E. Burdick
    4 lawyer answers

    The short answer is, possibly. Don't forge this path without a quick look by a trademark attorney. These issues are fact intensive, and not to be done via armchair. Are the goods truly different. Are you certain? That being said, Delta Airlines and Delta Faucets is a good example, but don't construe this as legal advice.

    12 lawyers agreed with this answer

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  2. I would like to know if this is an infringement when another company is selling a product with same name like backstage pass ?

    Answered 12 months ago.

    1. Richard T Matthews
    2. Frank A. Natoli
    3. Evan Balmer
    4. Russell William Kinsey
    5. Bruce E. Burdick
    5 lawyer answers

    The answer is maybe. How are you using the mark? Are you certain you are the first to use the mark? Do you have a federal registration? If all of these questions are answered in your favor, then you may have a basis to send a cease and desist letter or bring a suit to stop the infringement.

    9 lawyers agreed with this answer

  3. How do I get an idea about an invention patented without a lawyer taking my idea?

    Answered over 1 year ago.

    1. Richard T Matthews
    2. Edward D. Robinson
    3. J Scott Scarbrough
    4. Mario Sergio Golab
    5. Bruce E. Burdick
    6. ···
    9 lawyer answers

    No patent attorney worth their salt will risk his/her bar license for your invention. Think about it, patent attorneys are trusted with thousands of inventions that are of great value to each of their clients. Simply stated, find someone you trust.

    9 lawyers agreed with this answer

  4. How do I brand/patent an association or non-profit organization?

    Answered over 1 year ago.

    1. Richard T Matthews
    2. Mario Sergio Golab
    3. Edward D. Robinson
    4. Dariush G. Adli
    5. Jeffrey S. Marlink
    6. ···
    8 lawyer answers

    This sounds like more of a branding issue, under the umbrella of trademark law. Talk to an IP attorney who handles a full range matters, and I think he/she will agree that this doesn't likely involve any patent issues (unless I am missing something).

    8 lawyers agreed with this answer

  5. I would like to obtain a patent on design of a toothbrush. Do I need to have a local patent attorney ?

    Answered almost 2 years ago.

    1. Michael Charles Doland
    2. Mario Sergio Golab
    3. Alexander H Butterman
    4. Richard T Matthews
    5. Edward D. Robinson
    6. ···
    9 lawyer answers

    You do not need a local patent attorney, although it may be more convenient. Go with someone you trust over someone local. Costs vary by experience of counsel. You'll need to assess whether you'll be better served with a utility patent or a design patent, or both. The design patent tends to cost less, but provides a lower level of protection. You might want to talk to a couple potential attorneys before making a decision.

    8 lawyers agreed with this answer

  6. Can I use a college mascot but not the university name or logo - example : only writing " Go Panthers " in school colors ?

    Answered almost 2 years ago.

    1. Richard T Matthews
    2. Pamela Koslyn
    3. Maurice N Ross
    4. David Wade Barman
    5. Bruce E. Burdick
    5 lawyer answers

    Likely, not. The Collegiate Licensing Company would take issue with any use of a college's trademark, mascot, and/or colors. Think about the reason why you want to use the mark; and that is the reason why it is prohibited. There are too many cases on point, in addition to questions on Avvo that cover this issue.

    6 lawyers agreed with this answer

  7. How can I continue with my product without patent infringement?

    Answered over 1 year ago.

    1. Richard T Matthews
    2. Mark Raafat Malek
    3. Paul Karl Siepmann
    4. Jeffrey S. Marlink
    5. Maurice N Ross
    6. ···
    6 lawyer answers

    This is impossible to answer without a thorough analysis of the patent claims at issue when viewed in light of the product/service. Generally, a patent attorney will review the claims and specification of the patent, in addition to the file history of the patent (the communications between the applicant and USPTO) as well as the product/service at issue. This is generally a complex issue that should be discussed in confidence with IP counsel (i.e., not on a public forum).

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  8. Is it illegal for a government agency to use a company's exact name, logo and slogan to promote an event they are hosting?

    Answered about 1 year ago.

    1. Richard T Matthews
    2. Bruce E. Burdick
    2 lawyer answers

    If you are going to sue the federal government, you'll have to bring suit at the Court of Federal Claims. You should at least speak with someone experienced with handling such cases. I worked at the Court and note that there are some procedural steps that must be followed. I would likely recommend starting with a letter to the agency. Either way, discuss this with someone specialized in IP law and with experience before the Court of Federal Claims.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Trademark Trial and Appeal Board Rules

    Answered over 1 year ago.

    1. Richard T Matthews
    2. Michael Charles Doland
    3. Bruce E. Burdick
    4. Alexander H Butterman
    4 lawyer answers

    See 502.02(b) Briefs on Motions - "No further papers (including surreply briefs) will be considered by the Board. The filing of reply briefs is discouraged, as the Board generally finds that reply briefs have little persuasive value and are often a mere reargument of the points made in the main brief." This should give you an indication that even Replies are discouraged, a surreply won't be considered. Note also that 37 CFR § 2.127 (a) prohibits the filing of surreply briefs. Why hasn'...

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  10. Do the custom graphics created for our website and branding belong to us?

    Answered over 1 year ago.

    1. Richard T Matthews
    2. James Scott Anderson
    3. Mark Raafat Malek
    4. Bruce E. Burdick
    5. Daniel Nathan Ballard
    6. ···
    6 lawyer answers

    You'll need to start with having an attorney review the contract. That will generally govern whether you were granted all rights to the graphics. There may be other issues under copyright law that need to be addressed, but either way you'll need to talk with an attorney.

    7 lawyers agreed with this answer