Does a web domain name with pre market sales of a product take precedence over a trade mark filing?

Trademark rights are based on use, so if they have sold the relevant products or services before you did, in interstate or international commerce,...

Does this violate any HIPPA laws, with or w/o mom approval & intellectual property laws??

This question probably should go to someone very familiar with Health Care laws, rather than intellectual property. However, it would be a...

It is difficult to copyright a fashion accessories design which no one else has yet claimed a copyright on?

First off, legally, an author or creator has a "copyright" from the time something with a modicum of creativity is fixed in a tangible medium of...

If a small business isn't registered, trademarked, or copyrighted, anyone can register the business name or logo?

Theoretically, if you are not aware of someone's prior local trademark use, and you file for a U.S. trademark application, and the USPTO is also...

If a small business doest have their logo or name registered or trademarked, can someone obtain or buy the rights for the name?

As indicated by my colleagues, trademark rights are based on use. For a small business, for example, that is selling locally only in one...

What legal if any justification would a company have for having my hypothetical fair use video pulled?

You Tube appears to have "Community Guidelines". See https://www.youtube.com/yt/policyandsafety/communityguidelines.html Someone can make a...

I am an artist. Is it possible to apply for a patent for an art "process" that creates a particular piece of art?

Generally speaking, a "process" can be patentable in the U.S., if the process is novel, non obvious, and generally satisfies the requirements for...

How do I protect my website from copy-cats?

You can apply for a U.S. trademark application, for example, if you are using a name associated with the web site to sell goods or services. ...

As my colleague points out, sports teams tend to strongly protect their intellectual property rights, and would probably have a problem with what...

Can I trademark a business name if I do not planning on starting the business for a few years?

As my colleague indicated you can file an intent to use U.S. trademark application. Also you should know that you can file up to five six...