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John Robert Crossan's Answers
- 115 Legal Answers
- 1 Legal Guide
5
Attorney answers:
Patent infringement lawsuit
Besides loss of the patent by invalidation (as for prior art, failure of disclosure, derivation from another, etc.) or for inequitable conduct (concealing known prior art, misleading an examiner, etc.), and for any of 50 other reasons, and paying your own attorney fees and expenses of the suit (filing costs, depositions, travel, expert fees, etc.), you can be held liable for defendant's attorney fees in an "exceptional case" and for court costs (including deposition fees, witness fees, expert...
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3
Attorney answers:
Can i own the trademark and copyrights of my art separate from my company?
Yes, you can own the copyright and the trademarks but you may and should have a written license agreement with the company that the company may exploit all rights in the works so long as you remain affiliated with the company, or it buys out your rights for an agreed (now or then) price. Register in your own name the claims to copyright as soon as you have created the artwork, logo, etc.; apply in your own name to federally register the trademark words, logos, etc. and license the company in...
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4
Attorney answers:
I have received a notice from my ISP saying that I had a copyright infringement. What should I do?
$200 to the Copyright Enforcement Group is a bargain; the only other alternative is to image your hard drive to an external device (Best Buy has had them, $34 for a refurbished 320GB hard drive, and imaging (not backup or even cloning) software is available on the Internet for download for free). Then tell CEG that you did not download the movie and that you have imaged your had drive and will not pay any money. If they come after you then you must respond to the Complaint and all civil...
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4
Attorney answers:
Assignment of Intellectual Property
This is a complex area - sorry. Generally, depending on state law, employees not hired to make inventions and not having an employment contract to the contrary are not required to assign all rights to their inventions even within the field of their employment to their employer -- but, if the invention was made using the employer's time and/or materials, the employer will have a "shop right" to use the invention for its own purposes (i.e., not for manufacture or sale to or use by others)...
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4
Attorney answers:
Expanded use of registered service mark
Existing registrations cannot be amended with new goods, only by having existing claims to some of the goods canceled. File a new application for registration claiming the same mark for all the old and the new goods if in the same, old class, or for just the new goods if in a new class. Note the existing registration for the mark so it will not be cited against the new application. Experienced TM counsel can help you through all this.
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3
Attorney answers:
Intellectual property law/Cybersquatting
My colleagues' answers above are quite correct. US TMs expire for different reasons, including mere oversight in not renewing or submitting other proper paperwork although the use in commerce continues. The "common law" TM rights continue not only for so long as the TM is in use in commerce by the original owner on the goods or services claimed but also for a time after until the goodwill in the mark is entirely dissipated - presumptively for 2 years from last actual use or registration....
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3
Attorney answers:
What kind of agreement does Netflix have to have with Movie companies to be able to show Movie Box Images on their website?
Yes, Netflix must pay to show, distribute, etc. the movies and surely has the right to use the collateral materials to explain and promote the movies it offers - you would need similar rights to do anything similar - do not even think about doing it without appropriate licensing in advance!
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3
Attorney answers:
I have 2 trademarks with different names can I have the same description for both since they fall into the same field of service
You may also want to use different marks for different qualities or price points for the same sort of goods or services - as car companies (as, Cadillac and Chevrolet, from GM) and many others do. There is nothing wrong with having different marks for the same sorts of goods that are otherwise distinguished. This can be a very good business plan, to cover more of the market with one investment than just a single mark can. Best wishes in your project. This is general information, not...
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3
Attorney answers:
Can I file a trademark with the same or similar description of goods and services as another trademark owner?
As I understand your question as clarified, you want to file to federally register a trademark that is different from the other company's trademark but for the same or similar services or "field of services". Absent a very broad but valid patent, no one has a monopoly on any particular services and you certainly can register a different (i.e., not confusingly similar in sound, appearance, and/or connotation) mark for exactly the same services as someone else already has registered a mark for...
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3
Attorney answers:
I have filed a DMCA notice to a host. The host is ignoring the notice, what should I do?
See the instructions for fiing a DMCA notice on the host's website and follow them exactly and completely. These stated notice requirements can differ among hosts, despite the one law governing them, and hosts take their procedures quite literally despite the risk of a copyright suit. If not, consult copyright counsel. Best wishes.
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