Company A has a patent for a product. Company B is manufacturing the same product and is in violation of Company A's patent. Company C buys this patented product from Company B, not knowing Company B is in violation of Company A's patent. Is Co...
A U.S. patent with a valid claim to a gizmo provides the patent owner A the right to sue for infringement anyone lacking a license under the patent that makes or uses or sells or imports the gizmo in the U.S.
If C uses the gizmo in the U.S., then C is an infringer of A's patent.See question
Henrietta lacks research and project
I take it you are writing a paper about the HeLa cell line.
A lot has been published about this. See "The Human Body Shop" by Andrew Kimbrell https://www.amazon.com/Human-Body-Shop-Engineering-Marketing/dp/0062506196
"The Immortal Life of Henrietta Lacks" by Rebecca Skloot
You can also read a symposium that I generated in Biotechnology Law Reprt about the Moore case in California that has already been cited in response to your inquiry by my colleagues. See an article where I was thanked for providing a copy of it. http://heinonline.org/HOL/LandingPage?handle=hein.journals/nylshr9&div=21&id=&page=See question
The sharing economy has cost the hotel industry millions of dollars. By sharing economy I mean AirBnB, HomeAway and other similar platforms. Hotels lose an approximate $450 Million in direct revenues to AirBnB. NYC is the most affected city alt...
Yes, this is the kind of situation where an intellectual property attorney could develop a strategy to use the most pertinent legal tools to support your plan.
Depending on the nature of your concept, it might be protectable as a trade secret via a confidentiality agtreement, and/or by a patent. And there might be aspects of it that could be protectable via copyright and/or trademark.See question
Do you need to have an attorney write it? If so how much does it usually cost? If not, what is the best way to do it?
I have re-categorized the question as it does not relate to Intellectual Property.See question
I understand I cannot keep it hidden for it will be the usp for my new venture but want to ensure that I receive recognition for being the pioneer and if possible royalty for the concept when other people use it. From what I read both patent and c...
From what you say, there's no immediate answer. What you should do is speak confidentially with an attorney who understands the legal toolbox of intellectual property and is creative in deploying one or more of those tools strategically to support a client's business model.
Sometimes trademark law provides a hook, sometimes trade secrets are appropriate (along with confidentiality agreements), and sometimes adopting a distinctive "trade dress" can help provide distinctiveness. And sometimes the law doesn't provide a tool that would suffice, but a strategy that takes advantage of available publicity tools might help.
Good luck!See question
"Steamboat Willie", the 1st released Mickey Mouse short, is scheduled to be public domain on 1/1/2024. However, there are debates whether it is still legitimately copyrighted. If a lawyer was to against bring Disney to SCOTUS on the short's copyr...
See http://wapo.st/18h4va6 for further background info.See question
I am a programmer and have found a way to improve on a compression algorithm but the copyright of the method is GNU LGPL and CPL. I want to know if I may copyright this improved method in my own name and sell it? It is an open software method and ...
Your question doesnt only implicate the applicable open source copyright license. It might give rise to considerations of patentability. Maybe youve found the Holy Grail that the fictional folks of Pied Piper in the Silicon Valley tv show have been chasing after.
Its time to consult confidentially with an attorney who understands software and the various tools of intellectual property by which it might be protected.See question
I've taken several photos of old statues in a museum. One of the statues is ancient, the other from the 1600s, and the other from the 1900s. I took all the photos myself. I plan to use them in several self-published book covers I'm designing fo...
It seems to me that there would be two possible sources of property rights to consider.
The first would be copyright. Of the 3 statutes you mention, the first two would be clearly in public domain, no copyright issue there. As to the third, see https://commons.wikimedia.org/wiki/Commons:Public_art_and_copyrights_in_the_US
The second would be any conditions imposed by the museum. You say that "photography is allowed at the museum." If there's no express restriction by the museum on what you can do with photographs you make, then you're likely to be free of restraints.
Moreover it appears that you'd be entitled to copyright protection for your photos and for the book covers you design as original artwork. Your copyright would be automatic when your work is fixed in a tangible medium of expression. But for various reasons, it would be desirable for you to register your copyrights with the U.S. Copyright Office.See question
I am the owner of a patented innovation, and I utilize that innovation in products I make (let's call them "modules"). I sell these modules to customers, who put them in their own products and sell them as an integrated unit. One of my custome...
The customer is right that USE of a patented gizmo includes operating it for its usual purpose. It it's not an authorized product, then such use would be patent infringement.
However, when a customer buys a product from the patent owner, unless there is an express reservation of rights to the patent owner, the patent owner's rights are said to be "exhausted" with the sale. As a result, the customer is free to transfer the product to a third party, and the patent owner wouldn't have rights to exercise against the third party.
So as a practical matter, most distributors are satisfied to rely on that doctrine as built into the law, without a document granting permission to use the patented product.
In rare circumstances the exhaustion doctrine might not be applicable, and in that event, it would be appropriate for a patent owner to grant such rights expressly. For an example of the complex circumstances that might give rise to this, see http://fedcir.gov/opinions/05-1261.pdfSee question
Hi, We are Design Company and we are working a wood with stainless steel watch. We're think to name it after the designer "Franck". Since we’re incorporating wood, we want to name it "Franck Underwood". So, we want to know if there is trademar...
It would be prudent to engage a trademark attorney to clear your proposed usage. Even though the term FRANK UNDERWOOD is absent from the federal principal register of trademarks, I call your attention to the registered trademark FRANCK MULLER LUXWATCH that would be appropriate to take into consideration. And consider that a T-shirt displaying the legend FRANK UNDERWOOD for President 2016 is for sale via the Web from THNovelty. That is not to say that such usage would necessarily give rise to common law rights in that as a trademark for any particular goods, but that actionable legal advice by counsel you engage for that purpose should take into account a variety of pertinent facts.See question