-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Daniel W Mcdonald's Answers
- 3 Legal Answers
- 0 Legal Guides
3
Attorney answers:
Intellectual property
Generally, it will be hard to both have your cake and eat it too by keeping the license in place but ignoring any limitations in that license on the patent owners' ability to use the technology. Generally, licenses called exclusive licenses can be either truly exclusive, meaning the patent owner can't practice the patented technology, or a "sole" license, which means the licensee is the only licensee, but the patent owner can practice the patent as well. That depends on the wording of your...
1 lawyer agreed with this answer
2
Attorney answers:
Office Action from USPTO refusing Registration of an applied-for mark because of a likelihood of confusion.
Two main options are to (1) respond on the merits of the examiner's rejection and (2) see if you can work out a consent from the owner of the mark cited against you, which you can show to the USPTO examiner. Regarding #1, you indicate that you have some good arguments, but this might be the right time to hire an experienced TM attorney to make sure the response addresses all the concerns properly while preserving your rights. Regarding #2, it would probably help overcome the objection if the...
1 person marked this answer as helpful
1
Attorney answers:
Copyright / Patent Protection
Generally, a copyright applies to specific works, which are shown in a photo or other submission that would be filed with any copyright registration you might pursue. Copyright arises with the creation of a work, and as you acknowledge does not extend to ideas, so a copyright in a single work will likely not protect other different works that may be created later by using a similar idea. Obtaining a series of copyrights would probably be the surest way to protect the works. While that may...
1 person marked this answer as helpful