Clark AD Wilson's Answers

How can you patent a variation of a game?

Need more information to answer your questions. Whether or not an invention is patentable subject matter is determined on a case-by-case basis. It can be a utility patent, perhaps a method or process for playing a game? Here is the patent for Monopoly: http://www.google.com/patents?vid=2026082.

5 lawyers agreed with this answer

1 person marked this answer as helpful

Do you need to patent a cell phone application?

If your invention has a patentable subject matter, then you should investigate filing a patent application. Such processes must meet a high bar, for example it is advised (and preferred by the Patent Office) that the method either incorporates a tangible machine or transforms some input information. If you plan on selling this product, you should investigate whether other patents already exist because you might infringe one or more of them, which is not a good business strategy. Is it worth...

5 lawyers agreed with this answer

Trademark Infringement - Recycled Products?

Trademark infringement applies in situations where there is a likelihood of confusion created by a third party use of trademark rights. As a result, to avoid trademark infringement, the goal should be to distance your use from any such confusion by consumers. When a re-seller purchases a trademarked product, that purchaser is not purchasing the trademark. Rather, the re-seller is purchasing a product that has been trademarked. If the re-seller profits from this trademark because of post-...

3 lawyers agreed with this answer

I opened as amazing cupcake & was contacted by someone stating that they have a business called amayzing cupcake. Infringement?

The above answers provide enough differentiation to recognize that further analysis is required with more facts. If you have already received a letter threatening infringement, you should not take this lightly and should rectify the situation. I practice in Atlanta and in this legal area. Feel free to contact me through the Avvo site. Clark

2 lawyers agreed with this answer

Intellectual property infringement

You do not have any potential rights as far as patent/trademark/copyright. You have violated the basic tenet of trade secret law...secrecy. So, as far as your rights, your only chance may be some kind unfair business practice action. Best of luck.

2 lawyers agreed with this answer

Can I be forced to sign a contract stating that I will not work for a competing company if I decide to leave my current employer

The non-competition issue has been a hot topic here in Georgia since December, 2010. The legislature has gone back and forth and recently decided to enforce their decision to uphold such an employment restriction. So, in short, yes they can require you to sign it.

1 lawyer agreed with this answer

If an employee shares data with a company from whom the data was taken, is this a breach of trade secret law in Georgia

Unlike the certified examination/approval process of Patent/Trademark/Copyright law that allows an owner to show proof of ownership, trade secret law basically requires an "owner" to first prove that a "trade secret" in fact exists. Only then can the owner allege that it was taken improperly. Determining this requires review of several factors, none of which are conclusive individually. So, while you have provided some good introductory facts, a concrete determination would require a more...

1 lawyer agreed with this answer

Looking for an intellectual property lawyer

I am licensed in Florida and all district courts. I practiced IP law in Miami/Ft. Lauderdale for two years. I may be of asistance. My firm specializes in IP law. Please feel free to review our firm's website and contact me. Alternatively, I can recommend several qualified IP attorneys in South Florida. I look forward to hearing from you. Clark Wilson

1 lawyer agreed with this answer

I am working on an iphone app that will show auto engine specs. Can I use manufacturer names and logos?

Avoid using the logos/emblems in a manner that might confuse with marketing your own products. To better your position, you should include language referenced to each logo stating something like "[logo] is a registered trademark of [company]." If you need further advice, I would contact a trademark attorney. **THIS DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. **THIS COMMUNICATION IS UNRELIABLE WITHOUT FURTHER PRIVATE COMMUNICATION. **REFERENCE AVVO TERMS & CONDITIONS SECTION 9.

1 person marked this answer as helpful

If I am an in-house corporation attorney, do I have to complete the attorney section of the federal trademark application?

The Trademark Office considers you as an employee of the applicant, not an outside attorney. So, it is really up to you how you would like the application to appear. You can either not complete the "Attorney Representative" portion and simply file as the applicant with all communication going through you. Or, you can complete the "Attorney Representative" section with you Ga.Bar information. You can call the USPTO at 800-786-9199 for confirmation of this. The "Attorney Representative"...

1 person marked this answer as helpful