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Jeffrey Carl Brown

Jeffrey Brown’s Answers

25 total

  • Should I apply for a patent, or trade secret for a hair extension installation technique that I created.

    I created a unique technique regarding hair extension installation, and another stylist is now claiming this technique as hers after getting the details from my assistant. It's quite profitable for me, but the other stylist has taken my techni...

    Jeffrey’s Answer

    If you're the same person I talked to this about a few years ago over Thanksgiving, you may be beyond the time to seek patent protection. In addition, since it appears you have already disclosed your process to others, you may not be entitled to trade secret protection either. You should contact an attorney for advice.

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  • Can I change the ownership of a trademark from a person's name to an LLC after it has been filed?

    I have an idea in mind for a startup business. I want to eventually have an LLC set up for the 3 of us, but right now, we are not ready for that. However, I want to trademark the name and mark and start working on the development of the idea. If I...

    Jeffrey’s Answer

    The simplest procedure is to execute an assignment of the trademark to the LLC and file the assignment document with the patent office to serve as a public record of the new ownership. You may want to consult an attorney to help prepare and file the assignment document.

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  • 2005 I sent a cartoon to a writer, They took my characters, concept ideas, and created many popular shows. Can I SUE?

    2005 I sent a book of characters, episodes, and a dvd of animations to Adult Swim. I was in contact with a writer who through phone calls said that he would be in contact to talk about my work, The contact stopped and my creations were everywhere...

    Jeffrey’s Answer

    You may have a copyright infringement claim, but to sue under federal copyright law, you should register your works with the Copyright office.

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  • Can service ideas be patented so no one can copy your busines? If it is the first paid type of service that was ever created.

    This is a business idea that is based in peer to peer services. Can you patent peer to peer service ideas?

    Jeffrey’s Answer

    Technically, the answer is yes. But practically, it is very unlikely you can receive patent protection for a business method patent in view of a fairly recent decision by the US Supreme Court that has placed this class of patentable subject matter in serious doubt. You should engage the services of a patent attorney to explore your question in more detail.

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  • Wish to TM a company name that was merged (2005) with another larger co and need to assess risk.

    SEARCHES: Fed: DEAD and CA state: Merged Out + SOS Forfeited What is my risk in applying for this? Thanks! JC

    Jeffrey’s Answer

    I'm not sure I understand your question, but it seems you want to trademark the name of a company that might belong to another, larger company. If the owner of the trademark has not abandoned it, you will not be able to legally register and use that trademark. If, however, the company has abandoned use of the mark, you might be able to obtain trademark rights if you plan to actually use the mark. Trademark rights are based on use. You must use or intend to use the mark in commerce. You should probably consult an attorney to help you properly evaluate this issue.

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  • Can I copyright a design for jewelry?

    i own a shop on etsy selling bracelets and there is a shop that has been there forever selling copies of my products. She will make them so similar and sell for cheaper. Can I get copyright for some of my designs and sue her?

    Jeffrey’s Answer

    One can certainly get copyright protection for jewelry designs, but you should contact an attorney about any potential lawsuit against your competitor,

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  • What to do about a supposed copyright-infringment "Pre-Litigation Settlement"

    Got an email through my university claiming that it had received a "pre-litigation settlement" as pertains to the illegal distribution of copyright materials. While I admit to have done wrong here, I was wondering where to proceed from here -- the...

    Jeffrey’s Answer

    I highly recommend you seek legal counsel. Contact your local bar association to help you get started.

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  • Can a designer include websites he made for another company in his personal portfolio for the purpose of job applications?

    The designer was hired to make websites for the company he presently works for but has been looking for jobs elsewhere and so has updated his personal portfolio with his current work. The company has asked the designer to take down any websites...

    Jeffrey’s Answer

    As an employee of the company, the employer typically will own the designer's work, even in the absence of a formal work for hire agreement. Copyright law generally states that an employee's work is a work made for hire if the employee was hired to create copyrighted works, which sounds like the case here. You probably should consult an attorney.

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  • Can I patent my architectural design?

    Thanks for reading. I am a non-registered architectural designer and want to exhibit designs I came up with at school and while employed. Is there a way to protect ownership of a specific architectural design, such as patent or copyright? I believ...

    Jeffrey’s Answer

    Architectural designs can be protected by copyright. You can research the basics at www.copyright.gov

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