Randall B. Bateman’s Answers

Randall B. Bateman

Salt Lake City Patent Application Attorney.

Contributor Level 5
  1. What are my rights for Trade Name (DBA) in Colorado? I would like to take care of this my self, what steps do I need to follow?

    Answered over 1 year ago.

    1. Blair Allen Rosenthal
    2. Randall B. Bateman
    2 lawyer answers

    The key question is how you are using NSR. If it is simply a name of the company (dba) then it does not really matter. If, however, you are using the name as a service mark, i.e. you advertise NSR for remodeling services, you probably have common-law rights in the name. One problem with common law rights is that they can be limited geographically. You really need to sit down with a trademark attorney and provide them with 1) samples of your advertising and 2) an idea of what geographic...

  2. I want to write a novel about fictitious characters but set in a real historic hotel. Is it necessary to get permission?

    Answered over 1 year ago.

    1. J Scott Scarbrough
    2. Randall B. Bateman
    2 lawyer answers

    You may also want to include a disclaimer at the front of the book that there is no affiliation with either of the hotels. You can use the name of hotels, etc., to identify a place, but you cannot do so in such a manner that people would assume that there is an affiliation.

  3. Certified letter from Johnson and Ham - Counterfeit Otter box

    Answered over 1 year ago.

    1. Daniel Nathan Ballard
    2. David Alexander Browde
    3. Eric Edward Rothstein
    4. Christopher R Kinkade
    5. Bruce E. Burdick
    6. ···
    6 lawyer answers

    You definitely need to hire an attorney. Where is a question of where your sales have been. If you sold the product in California, then hiring a California firm may be a good idea. If not you should just hire someone local. If J&P sues you as an individual, they have to sue you where they have jurisdiction and venue. They can sue you in New York. If you made sales in California, they may be able to sue you in California. Generally, an individual has to be sued where they reside...

  4. When your web site is copyrighted does that protect you under the copyright law.

    Answered over 1 year ago.

    1. Jonathan Paul
    2. Bruce E. Burdick
    3. Randall B. Bateman
    3 lawyer answers

    Any creative work that it important to you should be registered with the copyright office because you will need the registration to enforce the copyright. Unfortunately, it is a common situation for a person to have an infringement come up and be unable to do anything about it for a while because they are waiting for the copyright registration. You can get an expedited registration within a couple of weeks, but it will cost you about $1000. One big question will be who actually owns...

  5. What can I do?

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. Christopher R Kinkade
    3. Maurice N Ross
    4. Randall B. Bateman
    4 lawyer answers

    Yes, in America you can sue anyone for anything. You can also get thrown out of court and have attorneys fees awarded against you. You can also be fired and get a negative job evaluation. If you boss is truly passing off cereals as the name brand, write an anonymous letter to the company that owns the cereal brand and let them deal with it.

  6. If a contract was never signed, who will be responsible for a lawsuit or fines?

    Answered over 1 year ago.

    1. Maurice N Ross
    2. David Wade Barman
    3. Randall B. Bateman
    3 lawyer answers

    Both of you are liable for infringement. This is why you should never copy an image off the web without a license or documentation that it is public domain. Your best bet is to negotiate a settlement and learn from the experience. 1) always produce a written agreement for your work and 2) do not steal other people's work. If you are going to be in the web design business, you may get short term success by pirating images without licenses, but eventually it will catch up to you and you will...

  7. Can I use the name of my town on t-shirt "I love x" with my own created visual? if so, can I use this format with other towns?

    Answered over 1 year ago.

    1. Nicholas Basil Spirtos
    2. Randall B. Bateman
    2 lawyer answers

    If the X is your town, then yes. There is nothing which prevents you from using the name of a city. Just be careful if the name of the city is also a name of a company that your art work does not suggest some affiliation with the company. Based on the limited facts here, you should be OK.

  8. Can I patent a mousepad for a different use

    Answered over 1 year ago.

    1. Edward D. Robinson
    2. Bruce E. Burdick
    3. James Juo
    4. John W. Rooney
    5. Maurice N Ross
    6. ···
    7 lawyer answers

    Yes, what you described is potentially patentable. It is hard to give more a more thorough answer, however, without additional information. Does it have some unique benefit? Is there some surprising result? To get a patent you will need to know novelty (i.e. no one has done it before) and non-obviousness (it is not an obvious modification to what is already out there). While a design patent is usually easier to get, it provides much narrower protection. I would strongly advise you...