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Neil Juneja
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Neil Juneja’s Answers

39 total

  • Can I use the Space Needle?

    I am looking to start a business in which we want to use different cities skylines on the main packaging (wrapping around a pill bottle for vitamins). Is the usage of the Space Needle in Seattle going to be an issue with that? From what I've read ...

    Neil’s Answer

    The Space Needle is a registered trademark. Although the extent of which has not been proven in court, to my knowledge, the entity holding the trademarks is usually ok with the use of the space needle image if it is in a skyline and the space needle is not "prominently displayed." A photograph containing the skyline and the space needle would probably not receive much attention.

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  • Will I get a trademark for a name for my clothing brand if that word had previously been used on one shirt in the past?

    I have a word (it's a combination of two words) that I would like to trademark and then start a line of products with that as the name. I would start with tshirts and then do others. There is no registered trademark with the name so I believe ...

    Neil’s Answer

    Any word, words, slogans, etc. printed on a shirt does not function as a trademark. The USPTO (United States Patent and Trademark Office) deems this use only ornamental and not as a source identifier of goods. Therefore, a use on a shirt would not constitute a challenge to a trademark application. Furthermore, the third party use of the mark must still be used in commerce. If it is not, it would now be deemed abandoned.

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  • PPA timing on public disclosure

    My prototype was manufactured last week. Does the countdown for my to file a PPA start from when I disclosed my invention to them to make it, is that considered public? Or will it start when I have a few friends test my new product?

    Neil’s Answer

    This really depends on the types of agreements that are in place. If the manufacturer is bound by a confidentiality agreement and your friends are are also bound by a similar agreement, then there has not been any public disclosure.

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  • Does a copyright infringement require a cease & desist notification before a lawsuit can be filed?

    Concerning a picture accidentally placed on a website.

    Neil’s Answer

    You do not need to provide a cease and desist letter prior to filing a copyright infringement suit. However, you will need to register the copyright with the Library of Congress in order for a federal court to have subject matter jurisdiction and hear the case. Registration prior to infringement provides greater rights and remedies.

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  • Local vs non-local attorney to help stop trademark and software copyright infringement?

    I run a small software company. Suppose trademark and software copyright infringement have occurred. I have contacted the infringer, they "deny all allegations", will not stop. I am knowledgeable about copyright and trademark law, but at this poin...

    Neil’s Answer

    If you are intending to proceed to litigation, a local attorney is a better option because a federal claim can be brought in this jurisdiction. You will want to seek an attorney that is already admitted into the U.S. District Court for the Western District of Washington.

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  • If I take a photo of a famous landmark, can I allow one to use that photo on the packaging portion of the product they sell?

    I wonder if there might be concern as to if the landmark I photograph is associated with or condones the specific product that will be sold; with that photo being on the packaging of that product.

    Neil’s Answer

    My colleagues are correct and thorough. I would only like to add that some architectural works are also protected by trademark law. The Space Needle in Seattle, WA is protected under numerous trademarks and as result, you could not use images of it on a product. In addition, the Rock and Roll Hall of Fame in Cleveland has one side protected under trademark law. Other landmark-style building may also have some protection under trademark law.

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  • If you have a patent pending and can not complete within one year does it go up for sale?

    I have a patent pending expiring in Dec. 2014 and I filed an updated version of the patent in July 2014. Will I lose that if I let the one in Dec expire? What happens to the one filed in Dec 2013? I have a potential deal for the sale of my busines...

    Neil’s Answer

    Patent pending means that an application has been filed, but it is not a term of art. I am assuming that you filed a provisional patent application? And I am assuming that your updated application is just a second provisional application that may encompass the first in addition to improvements? If this is the case, when the first one expires, you will lose that filing date and the orginal application will be gone. It will not be discoverable by anyone in the future.

    Also, if you are filing patent applications without the help of a patent attorney, I am sorry to say that you are probably accruing no rights at all. Patent law is one of the most complicated areas of law in existence. It pays to use an expert.

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  • How safe is it to post photos of marijuana and cultivation facilities on social media sites?

    I have a lot of marijuana photos from client gardens and would like to promote my services on social media sites but have not done so because of the legal ramifications. I see lots of dispensaries are already posting photos but it still worries me...

    Neil’s Answer

    There are several issues here. Primarily, the TOS of each social media site are of the first concern. I am an intellectual property attorney focused on marijuana law. Feel free to contact my office to discuss this further.

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  • How can i claim rights for my business plan?

    I have a business plan for retail sales. Before implementing i want to protect my plan from others to use the same logic in sales. How can i claim rights for my plan?

    Neil’s Answer

    As my colleagues have stated, copyright law will only protect the expression and not the underlying functional aspects. Patent law is available for business methods. However, the breadth of coverage of business method patents have been limited by recent court cases. A patent attorney can help you in this area.

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  • Trademark and product launch...timing question.

    Let's say I filed my Trademark application on 09/01/2014. l l c - done, business license- done, domain- purchased, e-commerce site- designed, done and ready. My product is also ready to go with the name I am seeking Trademark registration fo...

    Neil’s Answer

    The lack of a federal trademark registration does not preclude you from using it in commerce. However, it is important to understand why it was denied. You may still be liable to other parties for trademark infringement and/or trademark dilution.

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