How could someone patent something after is being manufactured, imported, and sold by others?

You are correct. Something that is already in existence can’t be patented. Just because you got a cease and desist letter does not mean that your...

Is there a way to get a trademark filing removed?

Your question has at least two distinct parts: First, let’s review what a trademark is: A trademark is any feature or characteristic, which 1)...

The “something” in your question can most likely only be a trademark because catch phrases are unlikely to be copyrightable and, of course, they...

ADVANTAGE PUBLISHED PATENT APPLICATIONS OR NON PUBLISHED APPLICATIONS?

Short Answer: Published. By default, patent applications (other than design patents) are published within 18 months of their earliest priority...

First, let’s go over what a copyright protects. Copyright protects original works of authorship that are recorded in a reproducible medium.. ...

Trademarks - How close to the original

First, let’s review what a trademark is. Generally, a trademark is any feature or characteristic, which 1) identifies a product or service to...

Can you patent an existing product that is not patented nor patent pending ?

Short Answer: No. An invention is patent eligible if it meets three basic conditions of Utility (meaning it is more than an abstract idea);...

I have a contract for a movie script that is now nearly 10 years old?

It sounds like you paid for a movie script which has not gone to production. I am assuming you had a contract for the script. If that is the case,...

A few preliminary points are relevant to the analysis of your questions. First, trademark rights are territorial, which means obtaining protection...

My question is if the bookleg publisher of my US Copyrighted book (in 2007) liable for one infringement or for each book sale.

Short answer is YES. Generally, copyright law protects owner against use of the protected work without authorization. Therefore, anyone who...