No. There is no mechanism for a third party to "take over" a patent that expired due to failure to pay a maintenance fee. As my colleagues note,...

Here’s the general rule: It’s unlawful under unfair competition law to offer to sell a product or service branded or adorned with, or otherwise...

Higbee & Asc. wants our 501c3 to pay for alleged copyright infringement. The evidence they produced is not our domain name.

A French copyright owner can assert its French-created copyright in the U.S. when the copyright is infringed here -- such as being displayed on the...

I am selling replica Fragrance Oil from popular designer perfumes online.

Your question can't be answered without evaluating how the copycat perfume is packaged, branded, and advertised. With a proper disclaimer and...

How do I sue my patent attorney who failed to file my utility patent within the 1 year time limit of the provisional patent?

An application for a Chinese patent can be filed anytime before public disclosure of the invention (and even afterwards in some circumstances). So...

Is it copyrigght infringement if you cop a pose off an animal from a photo but exclude the rest of the origginal image?

It's NOT copyright infringement to copy the unprotectable elements of a photograph. Nearly all photographs include such elements -- and some...

Is copyright on sheet music covers determined by date of the artist's death only, or does that include composer and lyricist?

A "sheet music cover" is a pictorial work. If one truly is in the public domain then it can lawfully be copied, displayed, and distributed even if...

Can a photographer hold a copyright of a photograph they took of an already copyrighted item?

Two points: Hasbro almost certainly does not own a copyright in its scrabble pieces (which are not, seperately, copyrightable) and, even if it...

Can I legally have pictures of someone else’s child on my smartphone or other device for personal viewing/screensaver, etc?

As a general rule, copying a photograph displayed on a website infringes the copyright protecting that photograph -- which is unlawful. There are...

When a trademark is actually being used to brand a product or service the general rule is that no one else may lawfully subsequently adopt the same...