Archived
It is necessary to have a non-provisional patent filed before I begin selling a service or will a provisional be enough?
David's answer
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Answered on March 01, 2017
This question really requires a little more analysis. A provisional patent is proof of invention on the date you file. If your provisional will...
Archived
How does a state's case law(state supreme court) effect other state with identical issues when federal law is used a roadblock?
David's answer
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Answered on March 01, 2017
If your request is with a state agency you need to first investigate all areas to appeal the decision to deny the request for information within...
Archived
Can I use an image of my car that I took with my camera as the cover to my novel?
David's answer
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Answered on March 01, 2017
A very good question. Two issues here. Trademark. If it is a novel, and there is no possibility someone would mistake the origin of the novel as...
Archived
Does a 1B trademark applicant have more rights to the applied for mark than a company who starts using it after the filing date?
David's answer
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Answered on March 01, 2017
You need to find out if they filed a trademark application. If they did, and their date is earlier, there is not much you can do. You should...
Can I make a video summarizing religious copyrighted work & sell it for profit?
David's answer
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Answered on March 01, 2017
You review this carefully. If you are using religious concepts, it should be ok. But, if you are quoting or utilizing doctrine set forth in a...
Will I get into any trouble for printing someone's mugshot onto a shirt?
David's answer
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Answered on March 01, 2017
A person has rights in their own likeness. This right does not extend to the mug shot that is publicly available. It does extend to your proposed...
Expired or withdrawn or ceased patent. Can I take it over or apply for a patent with similar design?
David's answer
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Answered on March 01, 2017
And expired patent is in the public domain and you can do exactly as claimed in the past. You cannot re-file the same patent. However, if you...
Archived
How do youtube/facebook/etc get around copy right laws if someone posts a video with a song in it?
David's answer
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Answered on February 28, 2017
Hi. Sometimes YouTube in fact contributes to copyright infringement. YouTube has a DMCA takedown procedure if people want to make a copyright...
Archived
Design or Utility Patent?
David's answer
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Answered on February 28, 2017
A utility patent protects what something does and a design what it looks like. Some products have both. You need to consult with a Registered...
Archived
Can Paul ekmans lie detection skills be used in court?
David's answer
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Answered on February 28, 2017
A court will examine you and your methods and determine if admissible and level of reliability could be a question for a jury,