Archived
If I receive a new-use patent for a product commonly sold, does the manufacturer have to pay a royalty to make the new claim?
Dariush's answer
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Answered on August 20, 2018
Short Answer: It depends.. Assuming that you receive a patent for the new use of an existing product, you can only enforce the patent against...
Lanham Act statute of limitations when defendant knowingly conceals fraud?
Dariush's answer
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Answered on August 20, 2018
There is no way any attorney can meaningfully answer your question in this forum. You need to consult with an intellectual property attorney who...
Does having a similar name with a different suffix and meaning count as trademark infringement for a two-word trademark ?
Dariush's answer
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Answered on August 20, 2018
Short Answer: Not necessarily. First, let's keep two concepts of business entity names and trademarks separate. A company name is not...
Archived
I have a patented product with a trademarked name. Does submitting to organizations grant them rights by their terms of service?
Dariush's answer
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Answered on August 20, 2018
Short Answer: Yes. Based on the information you provided, it does appear that simply by posting, you are granting broad rights in the posted...
Archived
Can I find a no win no fee type of lawyer for an easy job with potential of high settlement?
Dariush's answer
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Answered on August 17, 2018
Short Answer: you need to call around and speak to individual attorneys to see if they will take such a case. our firm does not do contingency...
Do I need to get a publisher's permission to use a 700 word excerpt from a book in a test-prep product?
Dariush's answer
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Answered on August 10, 2018
Short Answer: Likely not. Even though there is an argument that your use is "fair use", it is not a strong one since you are making commercial use...
Can my high school use Superhero logos on shirts we are selling within the school without violating copyright or trademark law?
Dariush's answer
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Answered on August 05, 2018
Short Answer: Not likely. the logos are copyrighted and you would need the owner's permission to use them. There IS a "fair use" exception to...
Do I violate any copyright laws if I design something new based on a movie theme, eg. replacing the characters with animals?
Dariush's answer
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Answered on August 04, 2018
Short Answer: Depending on how the new characters affect the perceived similarity of the works, your work may or may not pass muster. The right...
Can I use the name "Elsa" as a perfume name? A Disney Elsa perfume exists. I would not include references to Disney.
Dariush's answer
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Answered on August 04, 2018
Short Answer: Probably NOT. The question is whether consumers are likely to be confused as to the source of the perfume. In this case, you have...
Archived
Can I still apply for a patent after a year with the Idea?
Dariush's answer
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Answered on July 31, 2018
Short Answer: Maybe. If you have not publicly disclosed the idea, then the answer is yes. If you have publicly disclosed your invention, then...