Archived
If someone infringes on a patent, for which, the independent claims list the invention as a process, method, and a system....
Clark's answer
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Answered on September 17, 2013
That is not the standard for determining damages, nor is it close. Damage determination is a complicated and inexact science. Don't fuddle around...
Archived
The measurement for granting amazon's one click patent was that it was unobvious because nobody had done it before.
Clark's answer
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Answered on September 17, 2013
1. Novelty: nobody had described each of the features before in a single reference.
2. Non-obvious: the invention on the whole would not have been...
Archived
To what extent can a poorly written provisional patent be compensated for with a non-provisional patent referencing it?
Clark's answer
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Answered on September 17, 2013
In order for claims in a non-provisional application to gain the benefit of the provisional's filing date, the subject matter of the claims must be...
Can I get sued for changing a company's logo and using it for my website?
Clark's answer
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Answered on September 12, 2013
Trademark infringement is based on a consumer's likelihood of confusion. Likelihood of confusion is subjectively determined by one or more of 8...
Archived
My patent lawyer is licensed in texas, can he represent me in florida?
Clark's answer
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Answered on August 22, 2013
The above answers are all correct. If just dealing with the Patent Office, the Texas lawyer can help. But, if you want this person to also help...
Archived
We are starting a running company and want to make sure our name won't infringe on any Trademark names that already exist. .
Clark's answer
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Answered on August 21, 2013
You should not use the actual words and actual trademarks in your public posting.
Archived
What is the best course of action to a patent appeal? Reopen of prosecution? or send a Reply Brief?
Clark's answer
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Answered on August 20, 2013
You have asked about strategy in one of the more complicated aspects of patent prosecution. No patent attorney with any ethics or professionalism...
Archived
If I call my fitness facility Cross Fitness, am I infringing on CrossFit
Clark's answer
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Answered on August 16, 2013
Well, not to sound snarky, but if you are so unsure of the answer that you are posting a question on AVVO, then there may be some confusion. ...
Archived
Can I use a .com URL for my new website, if there is a site that's been inactive for 1 year with a very similar .com name?
Clark's answer
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Answered on August 14, 2013
Domain names are simply addresses. They do not have ties to trademark rights by themselves. So, your question should focus on any trademark...
Archived
What kind of attorney do I need for a logo to be trademarked globally?
Clark's answer
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Answered on August 09, 2013
There is no such thing as a "Global Trademark." You can seek an international registration, but in order to enforce rights in any country, that...
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