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Adam L.K. Philipp

Adam Philipp’s Answers

38 total

  • A) If Track One patent application is rejected, is it possible to re-file this patent application as regular patent application?

    b) Is there a time limit to revive an abandoned patent application?

    Adam’s Answer

    It is not clear from your answer whether this is:

    - an initial rejection (which you can respond to with an Office Action Response or Amendment);
    - a Final Office action (which you can respond to with an Office Action Response or Amendment + a Track One Request for Continued Examination) or alternately appealing the rejection to the Patent Trial and Appeal Board, but this would cause you to lose your Track One status and can take a long time (often more than three years); or
    - a Notice of Abandonment (which may be petitioned against if the abandonment was unintentional or unavoidable).

    I would recommend you speak with a patent attorney who is familiar with the Track One process. They should be able to look at your application and tell you your viable options. Good luck!

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  • Can I attribute a made up quote to a fictional character and sell that on a t shirt

    ie. attribute a quote to the tin man from the wizard of oz that he never said in the movie "Made up Quote" - TinMan

    Adam’s Answer

    I would speak with an attorney about whether your use of the "TINMAN" or "TIN MAN" would infringe the trademark for clothing, etc. that belongs to Turner Entertainment.

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  • I presently sell apparel made from Pendleton Woolen Mills copyrighted fabric. They have given me permission now they recind it.

    They are threatening legal action if I continue to sell this merchandise in my store or online. I have purchased this merchandise from their outlet store in Portland , Or. Since they have given me permission in the past I own thousands of yards...

    Adam’s Answer

    Both the previous attorneys gave a good analysis.
    While, the copyright issue may be more clear-cut, and the First-Sale Doctrine may protect you, any use of the Pendleton trademark that gives that false impression that clothing you make is actually made by them is likely to be a concern for Pendleton. I would recommend that you talk with an IP attorney to review the fact and review how trademark and copyright may affect your merchandise.

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  • Does he have any entitlement to my work because it was created in his studio?

    Not too long ago I took photos for a client and decided to use a colleague's studio for the photos (which he gave verbal consent for me to use. Also, I used all my equipment, only thing borrowed from him was the space). Now that the shots are done...

    Adam’s Answer

    • Selected as best answer

    The studio owner is out of line. From the U.S. Copyright Office:
    "Who is an author? Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire, the employer or commissioning party is considered to be the author."
    As there was no written agreement to the contrary, you would be the author and owner. See the link below for more information on "work-for-hire".

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  • Is naming two iphone applications, one Sherlock Homes and the other Watson, infringe on copyright laws?

    I am developing two iphone applications that are linked together. I would like to name one Sherlock Homes (not Holmes, but Homes), and the other Watson. I am not sure if that infringes on copyright protection or causes any other legal issues.

    Adam’s Answer

    Most attorneys here will not be willing to give specific legal advice by applying the law to your fact pattern.

    However, if you are interested in going forward, the questions you should be looking for are if anyone had trademarked the names already (as discussed by other respondents), and if they have, is it possible to obtain a license for your apps. While a license may not be cheap, it may insulate you from being sued for trademark infringement.

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  • Can I use parts of vintage magazines and other printed images in a mixed media collage? Or do I need permission?

    I am a mixed media artist who makes collage art work. I combine lots of layers, newspaper, paint, images, words, etc. to make my work. Since I am changing the state of the work, can I use the found items without written permission? Or do I need to...

    Adam’s Answer

    If you get your materials from before 1923, or from public domain sources you should usually be in the clear.

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  • An attorney that will do a patent for a share in it? Instead of for a a fee.

    I have a pretty straightforward patent idea that I would like to get an attorney to take on an equity basis instead of a fee basis. I got burned badly on one patent idea by the attorney racking up legal fees and in the end the patent turned to be ...

    Adam’s Answer

    To expand and explain some of the previous comments: patents can be sought for a variety of reasons, some of which do not involve any monetary reward. For example, if you are seeking a patent to stop a competitor from using your patented process, where is the "share" that would go to the patent attorney?

    It is not a patent attorney's job to determine if a business idea has merit, that is the responsibility of the businessperson or an investor. If you want someone to make business decisions WITH you, I suggest an investor or financial partner. That way the patent attorneys con focus on what they do best, drafting patents that will best capture the invention behind your business idea(s). A patent attorney you hire will be on your side, no pitches necessary.

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  • Do we have a case for filing a Petition to Cancel a Trademark?

    In 2009, my wife's business partner filed a trademark with the USPTO for the company name. My wife is now the sole owner of the company and recently discovered that this now ex-partner filed the trademark in her name only and has now threatened my...

    Adam’s Answer

    Trademarks in the U.S. are based around the USE of the trademark. Another avenue to explore is whether the ex-partner actually was using the mark since they left the company. Given that the ex-partner probably knew of your wife's continued use of the mark there might be multiple avenue to pursue with a litigator with regard to trademark rights and possibly trademark abuse for the Facebook report. If this is important to your wife's business, I would suggest talking to a trademark litigator to see what your options are based on all the facts.

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  • Can a senior center make greeting cards out of other greeting cards without violating a copyright law?

    I am working with a senior center in a volunteer capacity and want to know.

    Adam’s Answer

    If you are creating greeting cards from old greeting cards (e.g. Victorian Era) you are probably okay. In the United States works created before 1923 are most-likely no longer covered by copyright and you should be able to use material created before then.

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  • Trademark question: Entertainment Law?

    I have a transcription of a hypnotist's class that was held in the 1960's. The original tapes were sold to a publishing company in 1975 (or so). The publishing company reproduced and sold tapes, then cd's. Last year the owner of the publ...

    Adam’s Answer

    Your best course of action for offering these would be to come to an agreement with the publishing company. It appears that they would have the right to prevent you from selling or publishing these on your own, but might have an interest in making a deal with you as they are in your possession.

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