Kurt M Rylander's Answers

What is a provisional patent application and how can I file for one in New York state

Provisional patent applications can be a danger zone for non-patent attorneys to file. A provisional patent application gives the applicant priority for 365 days for only so much of an invention that is properly disclosed. An invention is only properly disclosed if the claims that are later examined, i.e., in a nonprovisional patent application, are "enabled" by the provisional patent application. "Enabled" means it explains how to make and use the invention from the perspective of one of...

1 lawyer agreed with this answer

7 people marked this answer as helpful

I wrote a user manual for generic mp3/mp4 players that look like the ipod nano. I called it "User Manual for the fake iPod Nano

I agree with the previous answer. It appears from your question and a review of your website that you have several potential problems. First, you are using Apple's trademarks without Apple's permission, and without proper attribution. Moreover, to the extent any of the fake Ipod Nanos' infringe on software copyright or other intellectual property of Apple, you could be considered a contributory infringer. You are enabling infringement.

1 person marked this answer as helpful

What is the best method of forming a counterclaim to a lawsuit filed against me for the distribution of counterfeit items?

I handle intellectual property lawsuits and am located in Vancouver, Washington. There have been a number of private investigator based software counterfeiting suits in this district. These cases can be difficult because the investigators are very thorough in their investigation and reports, and the companies pursuing them are acting on broad principes: that is, they care less about the particular economics of the case then about stopping counterfeiting. In other words, they are prepared to...

Copyright and/or a trademark violation

The short answer is that this sounds like trouble. The issue is both copyright law, which protects original expression, and trademark law, which protects source identifying media. As a general matter, trademark infringement exists when an accused infringer uses the mark of another or a mark similar to the mark of another for similar goods or services, and there is a likelihood of confusion that the owner is either the source of the goods or services or has endorsed the goods or services, or...

I am 20% shareholder of S Corp and 50% profits. Am I entitled to review business checking account and all other bookkeeping?

Rights to inspect are typical in State enactments of the Model Business Corporation Act. You will need to know what State the company was incorporated under to review the appropriate enactment. For example, in Washington State's enactment of the Model Business Corporation Act (which is very typical), the right to inspect corporate records, including corporate accounting records, is clear and express (quoted in pertinent part): "RCW 23B.16.020 Inspection of records by shareholders. "(1)...

1 person marked this answer as helpful

About Priority patent filing - can subsequent filings be different?

I agree with the prior answer. I write to address a different issue. You say you are "Thai", but does that mean your nationality, or your ethnicity. And if it means your nationality, do you have dual citizenship with the US. I write this because there a very strict rules about filing in the US first if you are a US citizen. Where the rules apply, you cannot file first in Thailand, or any other country, before coming to the US, without first getting a foreign filing license. Also, I...

1 person marked this answer as helpful

Proving abandonment of common-law trademark

As a general matter, anyone concerned with common law trademark infringement needs to determine the common law. While there has been in some respects arguably a generic common law, the common law does develop independently in different jurisdictions. The jurisdiction one is in must be consulted to determine, among other things: (a) what constitutes proof of a protectable common law trademark--this can be a very difficult determination; (b) what constitutes infringement of a common law...

1 person marked this answer as helpful

HOW CAN I PROTECT MY WORK PRODUCT AND PROPRIETARY DATA FROM COPYRIGHT INFRINGEMENT OF A CANADIAN TRANSPORTATION COMPANY

The question presupposes that you have protectable property. Have you filed for and been granted copyright registration? Have you filed for and been granted software patent protection (increasingly difficult given recent decisions)? Have you in place a formal trade secrets management and protection program and are you following that program? Assuming protectable property, you could consider an infringement suit if they are infringing. Are they selling any product or service in the US, or,...

Copyright infringement

You should always consult with a lawyer before contemplating a legal action. Copyright law is complex. Jurisdiction for copyright infringement actions lies in Federal Court, and most if not all Federal Courts utilize electronic filing for pleadings. Representing yourself in such an action could be quite difficult. Whether you have a legitimate claim is another concern. Was the band incorporated or an official partnership? While you registered the songs yourself, could the band members...

Establishing Prior Art against a 3rd Party Patent Application

Take the prior art to a patent attorney. When the Silicon Valley company patent application is published, your patent attorney can file a third party submission of prior art to the Patent Office which brings it to the attention of the examiner. It is very easy to do. Your patent attorney can also send a copy of the prior art with a cover letter, preferably certified mail, to the patent attorney on the application for the Silicon Valley company. If that patent attorney and/or patent firm...