Neil Juneja’s Answers

Neil Juneja

Seattle Patent Application Attorney.

Contributor Level 8
  1. State of Federal Trademark? Which one is best?

    Answered about 1 year ago.

    1. Neil Juneja
    2. Lucas Seth Michels
    3. Bruce E. Burdick
    4. Maurice N Ross
    5. Robert J Adams Jr.
    5 lawyer answers

    There are quite a number of issues in your question, I will answer several based upon the information you provided: I am not sure what "....." may represent. If this is a name or region, you are not necessarily afforded much protection. WA state TM registration is a $65 filing fee and the federal TM registration is $275-$325/class filing fee. It is strongly advised to have an attorney handle a federal trademark registration. WA registration is not examined, outside of doing a "knockout"...

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  2. Am I violating another company's trademark?

    Answered 10 months ago.

    1. Benjamin T G Nivison
    2. Neil Juneja
    3. Samuel Watson Eastman
    4. Bruce E. Burdick
    5. Maurice N Ross
    6. ···
    6 lawyer answers

    There isn't an easy answer with the facts that your provided. A common law or state trademark wouldn't [necessarily] extend into Washington. However, a federally registered trademark would create an issue for you if, and only if, your mark is likely to cause consumer confusion with the trademark holder. A trademark attorney could evaluate this and provide an solid opinion without spending a great deal of time or money.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can my website have a companies name in it?

    Answered over 1 year ago.

    1. Neil Juneja
    2. Bruce E. Burdick
    3. Frank A. Natoli
    4. Robert Bruce Kopelson
    5. Alan James Brinkmeier
    5 lawyer answers

    Under some circumstances, you are permitted to use a trademark in a domain name to refer to that trademark's good. This is called fair use. The 9th circuit (which includes Washington State) looks at the following three factors when determining a nominative fair use defense: 1)the product was readily identifiable without the use of the mark, 2) the mark was used more than necessary, or 3) a one claiming fair use falsely suggested a sponsorship or endorsement by the trademark holder. I can'...

    8 lawyers agreed with this answer

  4. Trademark and product launch...timing question.

    Answered 3 months ago.

    1. Neil Juneja
    2. Bruce E. Burdick
    3. Vonnie Clay Dones III
    4. Duncan Clayton Macfarlane
    5. Eric Allen Kelly
    6. ···
    6 lawyer answers

    The lack of a federal trademark registration does not preclude you from using it in commerce. However, it is important to understand why it was denied. You may still be liable to other parties for trademark infringement and/or trademark dilution.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Are there legal concerns to use recipes that belong to someone else at a small local bakery? What if I modified recipes a bit?

    Answered 8 months ago.

    1. Neil Juneja
    2. John Reed Zeimantz
    3. Maurice N Ross
    4. Melissa Catherine Howard
    4 lawyer answers

    You should be fine. It is possible, yet extremely unlikely, that one could patent a recipe, or the final product. This might be slightly less unlikely in molecular gastronomy (think: El Bulli). One could own the copyright on the written words of the recipe and picture of the final product but this will not preclude you from making and selling the useful product. For additional answers, please provide said baked good to my office.

    6 lawyers agreed with this answer

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  6. If you have a patent pending and can not complete within one year does it go up for sale?

    Answered about 2 months ago.

    1. Neil Juneja
    2. Cedric Axel D'Hue
    3. Bruce E. Burdick
    4. Floyd Edwin Ivey
    4 lawyer answers

    Patent pending means that an application has been filed, but it is not a term of art. I am assuming that you filed a provisional patent application? And I am assuming that your updated application is just a second provisional application that may encompass the first in addition to improvements? If this is the case, when the first one expires, you will lose that filing date and the orginal application will be gone. It will not be discoverable by anyone in the future. Also, if you are filing...

    6 lawyers agreed with this answer

  7. Can I use the Seattle Skyline including the space Needle if not a full detail match? Meaning I want to use an outline only.

    Answered 9 months ago.

    1. Neil Juneja
    2. Robert Daniel Kelly
    3. Bruce E. Burdick
    4. Gary Ralph Ilmanen
    4 lawyer answers

    Trademark protection of the space needle is very interesting and somewhat unique. Ordinarily, one perspective of a building may be registered as a federal trademark. However, what makes the space needle unique is that it looks the same from all angles. Therefore, the space needle is protected under federal trademark law no matter what side is depicted. However, using a city skyline as a whole, is not necessarily illegal in trademark or copyright law. In this regard, if the space needle is not...

    6 lawyers agreed with this answer

  8. Do I need a lawyer if a website used my photo to promote their site without my consent?

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. Neil Juneja
    3. Anu Gupta
    4. Michael P Matesky II
    5. Bruce E. Burdick
    5 lawyer answers

    If you are the photographer, you own the copyright on the photo. You can send a DMCA takedown request to the ISP of the website. This is the cheapest and easiest option. You (or a lawyer) can also send a cease and desist letter directly to the website owner. If the copyright is timely registered with the Library of Congress (within 90 days of publishing), you can potentially receive statutory damages and legal fees in a copyright infringement case in federal court. Finally, if there is a...

    6 lawyers agreed with this answer

  9. Local vs non-local attorney to help stop trademark and software copyright infringement?

    Answered 22 days ago.

    1. Neil Juneja
    2. Francine Denise Ward
    3. Floyd Edwin Ivey
    4. Ray C Brooks
    5. Joseph Yurgil
    6. ···
    9 lawyer answers

    If you are intending to proceed to litigation, a local attorney is a better option because a federal claim can be brought in this jurisdiction. You will want to seek an attorney that is already admitted into the U.S. District Court for the Western District of Washington.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. If i am crafting mickey and minnie mouse out of paper can i get into trouble do to copy right infringment?

    Answered 9 months ago.

    1. Neil Juneja
    2. Erach Farrokh Screwvala
    3. Kevin H. Pate
    4. Tamara Mychelle Clay
    4 lawyer answers

    Yes, this is copyright infringement. Copyright Law gives a "bundle of rights" comprising the following exclusive rights: To reproduce the work To make derivative works of the work To distribute copies of the work to the public (sale, rental, lease, lending) To perform the work publicly To display the work publicly You are violating the copyright holder's rights (Disney). You may also be liable for trademark infringement.

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