Bruce E. Burdick’s Answers

Bruce E. Burdick

Alton Intellectual Property Law Attorney.

Contributor Level 20
  1. How do i go about getting a patent on an idea on a food product

    Answered almost 2 years ago.

    1. Bruce E. Burdick
    2. Gerry J. Elman
    3. Pamela Koslyn
    4. Jonathan Marcos Kaplan
    5. Curtis Lamar Harrington Jr
    5 lawyer answers

    Q: "i would like to avoid a large fee with an attorney and do it on my own" A: Problem is, however, that you don't know how to do it and likely don't have time to learn, otherwise you would have "JD" and "Registered Patent Attorney" on your resume. You might like to avoid a large fee and do your own brain surgery, too. Getting your own patent without using an attorney is no smarter. Q: "How do i go about getting a patent on an idea on a food product" A: You hire a registered patent...

    18 lawyers agreed with this answer

  2. Trademark priority date

    Answered over 2 years ago.

    1. Bruce E. Burdick
    2. Trina Ann Longo
    3. Clifford D. Hyra
    4. Mario Sergio Golab
    5. Drew Allan Cicconi
    5 lawyer answers

    You misunderstand the 6 month priority under the Paris Convention. It runs from your application date, not your registration date. There is NO 6 month priority period starting from your date of registration. Since US applications take longer than 6 months to register, if you have not filed well before US registration, you are too late. Mistakes like that are why do-it-yourself trademark work is poor business practice. An experienced trademark attorney would not make that mistake (at least not...

    14 lawyers agreed with this answer

  3. Am I violating copyright or trademark laws using a picture of a bridge and building on my book I’m trying to sell to the public?

    Answered over 2 years ago.

    1. Bruce E. Burdick
    2. John E. Whitaker
    3. Maurice N Ross
    3 lawyer answers

    Personal photographs of public buildings are legal. You should have no problem with this use. Just be sure to keep a copy of the original photo by your friend and the written permission. You should have the "written permission" reviewed by a copyright attorney to be sure it actually gives you permission.

    15 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can I make my own Twister games on sheets and shirts without infringing on trademarks, copyrights or patents?

    Answered over 1 year ago.

    1. Bruce E. Burdick
    2. Gergana Hristova Miteva
    3. Konrad V. Sherinian
    4. Maurice N Ross
    5. Dariush G. Adli
    5 lawyer answers

    No, this would not be legal. TWISTER is a registered incontestible trademark for parlor games, first used 1966. TWISTER is one of the Milton Bradley blockbuster games now owned by HASBRO. You cannot use that word on parlor games. That said, the game rules are certainly not protected after 46 years of public use. The game coloration distinct to twister is likely protected by both copyright and trademark, although a clearance search might show otherwise. Without doing the search, I cannot say...

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  5. I had to leave my husband because my life was in danger. He won't file for a divorce

    Answered over 2 years ago.

    1. Bruce E. Burdick
    2. J. Richard Kulerski
    3. Kamryn Maris Caldwell
    3 lawyer answers

    No, you don't. You are listed as Belleville. I am in Alton nearby. So here is what you do: Before anything else, I want to be sure you are safe: If not go to http://www.vpcswi.org/ or call Violence Prevention Center at (618) 235-0892 (it is in Belleville) and is there to help keep you safe. Or call the National Domestic Violence Hotline at (800) 799-SAFE . Once you are safe, 1. Get on your computer and see the SIU Legal Self Help Center and review their excellent...

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  6. I wrote a story (it has copyrights) & the catalog that sells it wrote a work book based on it without permission, What can I do?

    Answered over 2 years ago.

    1. Maurice N Ross
    2. Bruce E. Burdick
    3. Mario Sergio Golab
    3 lawyer answers

    I agree with Attorney Ross. Get a lawyer. The catalog is trying to screw you. If your facts are right they are infringers and you have a potentially sizable claim against them. And, do it NOW, and don't you tell them anything or say anything to them until you have seen the attorney. Yes, this is well worth the $300/hr.

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  7. Can you operate a record and publishing company under a production company?

    Answered about 1 year ago.

    1. Bruce E. Burdick
    2. Marc Jacobson
    3. Daniel Nathan Ballard
    4. Bartley F Day
    5. Joseph Sampson Ford Jr
    5 lawyer answers

    Sure you can, but that is sometimes not smart. Combining businesses means that the assets of one business can be subject to the liabilities of the other business. You need to consult a business attorney for your state and review the business activities and potential liabilities to determine if this makes sense.

    14 lawyers agreed with this answer

  8. As a restaurant owner can you protect your recepes?

    Answered about 2 years ago.

    1. Bruce E. Burdick
    2. Pamela Koslyn
    3. Oscar Michelen
    4. Mario Sergio Golab
    5. Michael Alan Shimokaji
    5 lawyer answers

    Yes, there are ways. More than my colleagues have revealed. 1. Employment agreements with strong secrecy obligations 2. Strong steps to maintain the recipes confidential and not publicly disclosing them 3. Promptly confronting any employees who jump ship to a competitor and suing them for misappropriation of trade secrets should they steal your recipes, 4. Branding the resulting dishes with special trademarks, 5. Patent the recipe, if it is really unique and not obvious While not a...

    12 lawyers agreed with this answer

  9. I was sued in federal court for trademark infringement for the website i have taken out, is this case civil or criminal?

    Answered over 1 year ago.

    1. Andrew Kevin Jacobson
    2. James Juo
    3. Bruce E. Burdick
    4. Nicholas Duane Myers
    5. William Charles Sipio
    6. ···
    7 lawyer answers

    Most likely civil unless the plaintiff is the Government, in which case you would have been arrested if it was criminal. If the plaintiff is an individual or a business, it's civil. Were you served or did you waive service? Your response time differs depending on which. http://www.law.cornell.edu/rules/frcp/rule_12 At any rate, see a trademark litigation attorney promptly, as if served you have a limited time for reply, usually 21 days and there are various ways to respond, depending on...

    13 lawyers agreed with this answer

  10. How should I proceed with a response to a legal firm?

    Answered almost 2 years ago.

    1. Bruce E. Burdick
    2. Pamela Koslyn
    3. Gerry J. Elman
    4. Michael Charles Doland
    5. Stephen Charles Thomas
    6. ···
    7 lawyer answers

    You should proceed by hiring an intellectual property law attorney who handles trademark infringement matters to make that response. You would be very foolish to try yourself to practice law without a license on something so important and nuanced as trademark conflict matters. It sounds like the law firm has a reasonable basis for writing you. You are in more trouble than you think. Get an attorney.

    13 lawyers agreed with this answer

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