Questions answered by Brian Kenneth Dinicola

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If I am interested in importing a product, what type of attorney should I consult with?

Brian's answer | Answered on March 02, 2014

You need a business attorney with experience in trade regulation matters.

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I am planning to start a business and branded goods will be imported from overseas to sell. Do i need an approval from the brand

Brian's answer | Answered on March 02, 2014

In general, there are concepts known as "exhaustion" and "the first sale doctrine". in intellectual property law. So long as the goods are not...

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What exactly does a patent cover?

Brian's answer | Answered on March 02, 2014

There are design patents, which cover the ornamental appearance of an article and there are utility patents which cover the structure and...

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What is the average cost for a patent search?

Brian's answer | Answered on February 27, 2014

My own approach is to hear what the inventor thinks he or she has invented, then provide an estimate which, if I do not find it during the patent...

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Can I publish a photo that I take myself of my t.v. with a Disney movie scene playing?

Brian's answer | Answered on February 25, 2014

As usual, I agree with Attorney Burdick on this question. The Disney work is obviously the subject of copyright protection, and maybe even...

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How to protect a provisional patent?

Brian's answer | Answered on February 25, 2014

The title of your question :"how to protect a provisional patent?" raises many of the issues that strike fear into the heart of small inventors and...

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We have a design patent on a product already issued. is it possible for someone to ask to make it invalid? how hard is that?

Brian's answer | Answered on February 17, 2014

Invalidating a patent (design or utility) usually requires litigation. However, there is also a procedure called "re-examination" where a party...

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Can i take products from multiple companies, package them together as a kit and sell it?

Brian's answer | Answered on February 17, 2014

As long as you are not obfuscating the trademarks or other identifying indicia on the individual products, or replacing these tradmarks with your...

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Is it "fair use" to use a few characters from children's books in a mural in my children's school?

Brian's answer | Answered on February 17, 2014

I agree with Attorney Burdick. There are a number of ways to approach Fair Use analysis and then there are "business considerations". An example...

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A customs' seizure caused my SENTRI membership to be canceled.

Brian's answer | Answered on February 07, 2014

I agree strongly with my virtual colleague that you should consult with an attorney in this matter. The first question that came to my mind when...

Brian Kenneth Dinicola's Answers (298)

If I am interested in importing a product, what type of attorney should I consult with?

I am planning to start a business and branded goods will be imported from overseas to sell. Do i need an approval from the brand

What exactly does a patent cover?

What is the average cost for a patent search?

Can I publish a photo that I take myself of my t.v. with a Disney movie scene playing?

How to protect a provisional patent?

We have a design patent on a product already issued. is it possible for someone to ask to make it invalid? how hard is that?

Can i take products from multiple companies, package them together as a kit and sell it?

Is it "fair use" to use a few characters from children's books in a mural in my children's school?

A customs' seizure caused my SENTRI membership to be canceled.