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Dariush G. Adli

Dariush Adli’s Answers

532 total


  • Do I need permission from Disney to use the names of their rides in printed work that I am selling?

    I plan on selling itineraries to visitors of the Disneyland park for profit so that they may optimize their day but I don't want to step on Disney's toes if I'm not authorized to print the names of their rides and locations which all have copyrigh...

    Dariush’s Answer

    If I correctly understand the nature of your planned use of the Disney ride names, I believe your intended use would be defendable as “fair use” and, as such, would not violate any protectable rights of Disney. The basic idea of “fair use” of a trademark is that use of a trademark is sometimes necessary to identify and talk about another party's products and services. On the other hand, if you are using these names to sell or identify another’s product or service or if such use would confuse customers as to the source of such products or services, then, yes, you do need to be careful. Your intellectual property attorney would be best positioned to evaluate the particulars of your case and advise you on your options. Good Luck

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  • I have an idea that can add to cosmetic industry that does not exist now. How to pitch my idea without it being stolen?

    It facilitates a current product. It's all in the delivery.

    Dariush’s Answer

    The best way to protect your invention is to file a patent application prior to publically disclosing it to anyone. In the event there is a later dispute about who made the invention first, you can refer to the PTO filing which includes the filed disclosure and the filing date of the invention, which is presumed to be the date of the invention. The second best way to protect your idea is to disclose it under conditions of confidentiality. A non-disclosure agreement is usually sufficient to accomplish this goal. The drawback with proceeding only with an NDA in lieu of a patent application is that if someone does use your invention without permission you would only be able to sue them under contract law for breach of the NDA, as opposed to having a claim for patent infringement. Your patent attorney would be able to evaluate your case and advise you of the best option to proceed. Good luck.

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  • Is my company infringing on a trademark?

    I made a company called PeerAmid which is suppose to be a play on words. My website is GetPeerAmid.com. It's a consumer electronics based company. A friend of mine found another company named PeerAmid and told me about it. They make a pil...

    Dariush’s Answer

    Your company would be infringing on a trademark if the trademark, or a confusingly similar mark, is being used by others in commerce. Rights in trademarks are not acquired by registration, but by usage. Your company would be infringing on a trademark if the mark, or a confusingly similar one, is being used by others in commerce. Rights in trademarks are not acquired by registration, but by usage. Registration does provide the owner with more complete and robust rights, but it does not create the right. This is unlike patent protection where there is no right to exclude without an issued patent.

    Your trademark attorney would be in a position to have a search conducted, analyze the mark and advise you of the best course of action. Good Luck

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  • How does my employment agreement impact my ability to develop products?

    My offer letter says, "Inventions Retained and Licensed. Any material, articles, products, or documents created will be the property of Company. Employee can use material with the written consent of the CEO of Company." On evenings and weekends...

    Dariush’s Answer

    Your employment agreement, California law as well as your employer’s past conduct in similar circumstances will determine your rights in the products you develop on your own. Generally, work done on your own time, using your own equipment, which is not related to your employment work is yours and the company can't claim any rights in it. If complications develop, then your best would be to consult with an attorney who can evaluate your particular case and advise you on the best course of action. Good Luck.

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  • How much does it costs for a attorney to respond to a copyright infringement/ trademark Summons from a Federal court?

    This is for a LLC company

    Dariush’s Answer

    Your question is a good one, but is incomplete. There are several stages to a lawsuit, all of which require "responding" to. Only 2% of lawsuits go all the way to trial, but if they do, you are looking at five general stages, which are as follows: pre-discovery, discovery, summary judgment, pre-trial and trial. For a defendant, the first stage, “pre-discovery,” (also known as the “quiet phase”) begins with filing a response to the complaint, which seems to be what your question is directed to, but also includes other preliminary work. The second, "discovery" phase primarily deals with gathering the information each side needs to prove its case. The third "summary judgment" stage deals with the parties asking the judge to rule on all or some aspects of the case without needing to go trial. The fourth, 'pre-trial" stage is when each side gets its evidence and witnesses ready for the trial, which is stage 5.

    So, as you can see, going through a litigation can involve a lot more than simply responding to the summons. You need to consult with a trademark litigation attorney who can evaluate your case and advise you on a course of action. Good luck.

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  • Why do some people say manufacturers are willing to pay an inventor's patent costs if it's untrue?

    I have a bunch of notes stating it's true, so why would people say that if it's not? My notes: "If the company pays the patent costs, those costs could 1. sacrifice an upfront/down payment, 2. be deducted from any future royalties, or 3. royalt...

    Dariush’s Answer

    It is true that a manufacturer or, for that matter, an investor, may be interested in an idea and pay for the costs of obtaining patent protection for it in return for a license to the invention. But, each case is different and must be evaluated on its own. Your best bet at this stage is to consult with a patent attorney who can evaluate your particular case and advise you on your options. Good Luck.

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  • What action can be taken against a UK company with no assets in the US that infringes on a US Patent?

    My company i(Limited Liability) is set up in the UK (with me as the only director living in the UK as well) and I am importing a product from China into the US to sell online. Now a competitor in the US claims he has a patent-pending application s...

    Dariush’s Answer

    At this time, it does not appear your worst case scenario is likely to come true. First, the competitor does not have a patent issued, but only has a claim to a potential invention. Second, even if the patent issues, it would not cover your product retroactively since the application has not even published yet. Third, even when the application does publish, it won't necessarily entitle the applicant to damages unless several conditions are met. Finally, you say that as soon as the patent issues your will stop your activities. So, at least based on the facts provided, you need not over-worry about the scenario where you may have a judgment against you enforced in the UK. In any event, you would be well advised o consult with a U.S. patent attorney at this stage to evaluate your case and advise you of your options. Good luck.

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  • Can I file International Patents now?

    I filed a Provisional patent in US last May and US patent application this May. Now, I seem to have clients interested in our concept, who are outside US. I would like to file international patents and am wondering if I can seek priority in them b...

    Dariush’s Answer

    Unfortunately, you may have waived your right to an international application since the 12 month window on filing such an application has expired. The first question is how complete the provisional application was and whether any new matter was added to the application when the regular patent application was filed. Many provisional applications are "bare bones" and don't provided the requisite support for the claimed invention, thus requiring new matter to be added to the application for the purpose of the regular filing. Even if the provisional is found to be complete in that sense, you still have the option of basing your international filing on the regular application. the drawback there is that you would get a later priority date and any prior art that came between your regular and provisional filing dates would count against you. I have known of cases such as yours where the applicant chose to file the international application based on the regular , rather than the provisional patent filing date. HOWEVER, this option would NOT work if you publicly disclosed your invention between your provisional and regular filing dates.

    Your patent attorney would be in a position to evaluate and analyze the particular case and advise you accordingly. Good luck.

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  • Can a shirt design be patented/protected?

    i.e. razorback shirts. Are those patented/protected? Various companies sell razorback shirts...Or even the style of overalls.

    Dariush’s Answer

    Yes, provided your particular design meets the three basic patentability conditions of 1) usefulness, 2) newness and 3) non-obviousness. I am assuming you are seeking a design patent, which covers the ornamental and appearance aspects of a product. In your case, that would likely be easier to obtain than a utility patent, which deals with the use, function, or structure of a product.

    Your patent attorney would be in a position to evaluate and analyze the particular design you have in mind and advise you accordingly. Good luck.

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  • What can an USA company owing a patent which it claims I am infringing do to sue me if I live in Bulgaria?

    Can I be sued in USA and how can this happen or the USA company must come to Bulgaria and sue me in Bulgaria in Bulgarian court and thus needing to get along with Bulgarian language?

    Dariush’s Answer

    Patents are territorial, meaning that a U.S. patent can’t be enforced in Bulgaria or any other country outside of the U.S. (unless there is a special treaty in effect). However, if you make, use or sell the patented product or process in the U.S., then you are subject to the jurisdiction of a U.S. court and you can be liable for damages to the patent owner. Your patent attorney would be in a better position to evaluate your particular case and advise you accordingly. Good luck

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