Archived
Prior Art question-
In deciding to move forward with an idea to manufacture a hygiene related item I have found 2 products that
Andra's answer
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Answered on April 07, 2015
You are asking a very specific question which no attorney on a public site can answer without seeing the products, comparing them to what is...
If you register a trademark, can you sue a company for using it who has used it prior to your registration?
Andra's answer
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Answered on April 07, 2015
Prior use in interstate commerce may trump your usage. However there are other criteria to be considered as well, such as chains of commerce,...
Archived
Is it wise to file utility & design patents on a real technology invented to appear onscreen in a movie, and if so, when?
Andra's answer
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Answered on April 07, 2015
You must file for any new technology within one year of making the invention public (i.e. disclosing it to another without an NDA) if you intend to...
I have just become aware my business name is being used by another business in the same industry.
Andra's answer
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Answered on April 07, 2015
You need to provide us with more information regarding what services/goods you provide vs. the other company, whether you used your trademark first...
Archived
What are the copyright laws for excerpting from books/essays/poems/etc if the intended use is for educational purposes.
Andra's answer
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Answered on April 07, 2015
While distribution to a class would be a fair use exception to the copyright laws, wider distribution and digital distribution would need to be...
Archived
Creating a legal document regarding intellectual property
Andra's answer
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Answered on April 07, 2015
There are many ways to handle this one depending on the kind of IP it is as trademark requires use in commerce --but generally, you can draft a...
Would a public school be considered a commercial setting?
Andra's answer
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Answered on April 07, 2015
I believe that it is acceptable in solely an educational setting used for educational purposes.
Can I sell a pattern that uses Disney characters in a craft medium?
Andra's answer
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Answered on April 07, 2015
You simply do not want to make any patterns that infringe upon Disney's copyrights in the themed object or clothing. Disney is very litigious and...
Archived
There are other people using band names similar to mine and it is causing confusion. We have been around since 1998.
Andra's answer
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Answered on April 07, 2015
This answer is yes provided that several other facts are as straight forward as the facts you disclose. Much depends on the words you use as your...
Archived
Can I file suit or a claim?
Andra's answer
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Answered on April 06, 2015
Unfortunately, I am sure there are many disclaimers in what you received from the Patent clearinghouse. The best person to discuss it with is the...
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