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Clark AD Wilson

Clark Wilson’s Answers

262 total


  • Is this a patent infringement?

    Company A owns a patent for a system having components and operating principle. Company A fitted the system to certain cars for a car manufacturer. It is no longer available either by itself or in a new car. Company A previously sold parts of th...

    Clark’s Answer

    1. Is the patent still enforceable now that the product/parts have been discontinued?
    2. Company A's units that were legally acquired would typically be free to use, but check first.
    3. After this, it really comes down to a side by side comparison of the claim language to what is allegedly infringing. Your facts are understandably vague, but patent infringement is most certainly highly specific. Call a patent attorney before making your decision.

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  • How does a company get permission to use sports team logos on their products?

    New company selling hand painted products like cups, glasses etc.

    Clark’s Answer

    The short answer is that you pay for it through a license. The NCAA licensing authority is in Atlanta, just down the road from you.

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  • If I file an application for a trademark today and someone starts using the same mark tomorrow on similar or identical goods....

    If I file a trademark application today under an intent to use basis and tomorrow someone starts using the same mark selling products, will they have common law rights that eliminate or trump mine? Thanks

    Clark’s Answer

    While the above answers are correct, you should also take their advice to hire a trademark attorney. There are many fine trademark attorneys in Minneapolis. I can certainly recommend some if you wish.

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  • Trademark opposition for foreigner

    I am not based in the US but I am selling a mobile app in the entire US. A US based company has filed for a trademark for a mobile app they are selling with a similar name, also in the entire US. I am considering getting a US attorney, does it mat...

    Clark’s Answer

    Hello. Trademark actions within the USPTO (e.g., Oppositions) are purely a federal (national) jurisdiction. Thus, any state-licensed attorney can represent you in one of these actions, regardless of their location within the USA. Most communications can be had successfully with telephone, email, Skype. It is merely important to hire an attorney with experience in these type of actions because they are complicated.

    I and my law firm represent clients around the world in trademark matters, including oppositions.

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  • Who makes the application for a trademark?

    If Dunkin Donuts were thinking of franchising, in whose name would the trademark application for the name be in...Dunkin Donuts or a holding company?

    Clark’s Answer

    That is a purely business strategy question, dependent on innumerable variable.

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  • Operation without a patent

    My (software) company uses a technique/methodology (intelectual property) but not filed for a patent. Later on, another company started using the same technique and obtained a patent for it. 1) Can my company continue our operation witho...

    Clark’s Answer

    Without more specific facts regarding both the patent protection and your use, all I can say is maybe and maybe. You should contact a patent attorney to evaluate further.

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  • Can you break patent law for educational purposes? For ex. if I make a desk that is under patent and they sue me, can I argue th

    Can you break patent law for educational purposes? For ex. if I make a desk that is under patent and they sue me, can I argue that my use had been in an educational environment?

    Clark’s Answer

    Statutorily (i.e., By Law) any use of a patented technology (commercial or otherwise) qualifies as patent infringement. Practically, some courts have been reluctant to apply such a stringent black letter of the law because it would hinder the underlying purpose of the patent system. Specifically, patent protection is supposed to stimulate new innovation through experimentation. So, how can one experiment with new innovation without using existing technology. You are advised to talk to a patent attorney on this issue because it is a very fine line and requires significant judgment calls based on the facts.

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  • Do I need a patent lawyer?

    I work in medical field and I have this wonderful idea of invention that would improve the quality of care in healthcare, so do I need a lawyer to patent the idea or call those places from advertisement about it before patent? Places like " invent...

    Clark’s Answer

    Well, you don't NEED to call a patent attorney, but it would greatly strengthen your chances of actually getting a patent if you do so. Be careful about disclosing your invention to any 3rd party before getting legal some advice and/or filing a patent application.

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  • Is it possible to get a design patent and a utility patent on the same invention without getting a double patent restriction.

    I want to get broad protection on a detachable reconfigurable garment assemblage.

    Clark’s Answer

    Maybe. Since design patents and utility patents protect different aspects of an invention, they afford arguably different rights. As a result, there may not be a crossover of rights leading to a double patenting issue. But, you should only proceed if you first speak with a patent attorney.

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  • What is the difference between class 9 software and class 42 software? Trademark

    What is the difference between class 9 software and class 42 software? If I create a website that allows a person to upload and download pdf, excels, word, etc. AND also allows a person to post things on an online calendar would that be consi...

    Clark’s Answer

    Class 9 would be more akin to software that can independently exist on your machine permanently, through purchase or download. Class 42 is more akin to a program that is only temporarily accessed through a website, on which it remains.

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