Can my common law trademark defeat a registered trademark?
I began using a word and logo with that word in early 2019. I did not register it yet because I was building momentum with it. I put it in my website, documents, and used it other places. I have witnesses and the documents to show I've been using it since 2019. About 18 months later someone registered the word with the trademark office when I began preparing to register it. They registered it in my area/section. They have done nothing with it the six months they have had it. I have sent them a letter, registered mail, telling them I've had a common law trademark since early 2019 and ask for their cooperation. My question is do I have a case for this trademark with my common law trademark? Can I force them to assign the federal trademark over to me? I'm even willing to reimburse the trademark fees. I'm in Las Vegas but this person is in Stamford CT
Intellectual PropertyNevada1 attorney answer
What's the difference between design and word marks?
I'm filing a trademark for my company and want to know the difference between a word and a design mark. For the sake of explaining this let's say my company's name is Random, but the R is styled differently than the rest of the letters, and we occasionally use the styled R by itself. If I were to upload the image of the Random logo, would this protect my company against people using the name Random in association with the goods/services we sell, and would it also protect against the R by itself?
Intellectual PropertyNorth Carolina1 attorney answer
When paying an individual to create software, who owns the copyright to the created work? The client or the creator?
I've been looking to hire a programmer to create software for me, and having finally found someone I believe to be perfectly suited, I worry about whether I'll own the created work once they're finished, and whether or not I'll be able to monetize content made from the product. In such a case, is the created work owned by the client (me), or the creator? If it's owned by the client, can they monetize that product or use it to receive donations? Also, what if the transaction is handled through an online service (like Fiverr)? Fiverr (for example) claims to have policy regarding this, but it's unclear what qualifies. Does their policy even matter given the existence of law on the subject?
Intellectual PropertyNew York1 attorney answer
Do I need to sign an Intellectual Property Assignment as a founder leaving a company if there was none signed initially?
I started a company with two others. I designed our technical process, where I strung together a series of pieces of software and hardware in a configuration that has never been done before. We only signed a basic operating agreement but no IP contracts or NDAs. Can they make me sign an Assignment doc
Intellectual PropertyNew York1 attorney answer
If I write a novel that doesn't pertain to my job, can my employer still own the rights to my novel?
I signed a contract with a new employer that states they own rights to inventions and works of authorship. I am working as a researcher but am writing a novel (fantasy, unrelated to the job or company). The Company shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, sui generis database rights and all other intellectual property rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by me during the term of my employment with the Company to and only to the fullest extent allowed by applicable state law (collectively “Inventions”) and I will promptly disclose all Inventions to the Company; provided that the term “Inventions” will not include any invention for which no equipment, supplies, facilities or trade se...
Intellectual PropertyVirginia1 attorney answer
Copyrighted baking and soap making molds
I would like to use copyrighted candy, fondant and soap-making silicon molds to cast embellishments which I would put on cards, soaps or plaques that I would create and sell. Is this in violation of the mold producer's copyright? Can I do this?
Intellectual PropertyCalifornia1 attorney answer
Can I have a bad faith trademark registration reversed?
I am a partial owner of a relatively new record label. The company is an LLC and has been active since 2019. We have the name “Mala Fama Records LLC”. The name is in our logo and our brand name logo (which is a graphic text of the name Mala Fama). A third party recently trademarked the words “Mala Fama” on October 7, 2020. We are aware of the third party that did this and we have material evidence to support that they are trying to kill any hopes of us marketing our brand and to claim the logos for themselves. Can we file an opposition against their trademark registration?
Intellectual PropertyNew York1 attorney answer
I own an American Icon. I have the only one in the world. Do I have any ownership rights to the intellectual property associated with the item.
I have researched this very old, unique stuffed bear for thirteen years. To discover my old bear to be an original Teddy Roosevelt bear cir. 1903. Hand made by Morris and Rose Michtom of Brooklyn, N. Y the Michtom's created this first style teddy bear in honer of President Theodore Roosevelt. the Michton's created so few of these original style teddy Bear that they were lost in time. . History says the Michtom's never obtained patents or copyrights to their original teddy bears . In 2014 I submitted a photo of the bear to this online photo contest. The Smithsonian Photo contest under the tittle American Experience. And they posted my bears photo under another site. Icon Smithsonian of theirs. And my bears photo has been featured on this site for over five years now, Please Google up, Icon Smithsonian Photo Contest, once there click on MOST VIEWED, see my old bear. Or Even Google up Teddy Roosevelt bear circa 1903. click on images See my old bear. He comes up first every ti
Intellectual PropertyCalifornia1 attorney answer
How do I best protect our products in regards to IP?
We have created 2 education devices utilizing slide charts and research available to others with effort. We incorporated this information into a convenient, easy to use format for patients. I was told a patent is probably not necessary? We will own the design copyright once complete, paid for, and transferred to us. We have copyrighted the device names as well.
Intellectual PropertyArkansas1 attorney answer
In the US, if I have an invention I do not want to get a patent for, how do I publicly disclose it so someone else cannot get a patent for it
If I have an invention that I want to immediately go into the public domain (become prior art) when I show it to the public, how should I publicly disclose it so someone else cannot get a patent based off of my public disclosure? Is disclosing my invention through a YouTube video or a social media post enough for it to count as prior art for a 3rd party, blocking them from getting a patent? I'm considering making my invention open-source so anyone can use it and build off of it, and I'd like to know the best way to disclose it so someone else cannot come along and patent my idea.
Intellectual PropertyWisconsin1 attorney answer
In the US, if I publicly disclose my invention on the internet, can someone else patent it?
I'd like to make sure my understanding of how the US's first to file system and its grace period work together is correct. If I publicly disclose my invention on the internet, through a YouTube video for example, I now have a 1 year grace period in the US within which I can file for a patent. During that 1 year, a 3rd party cannot get a patent based off of my public disclosure. My public disclosure counts as prior art for the 3rd party. Is that correct?
Intellectual PropertyWisconsin1 attorney answer
Does an Intellectual Property Attorney assist in obtaining a licensing deal with a manufacturer?
I am a product developer (inventor) and I have Patent on my invention. I am in the process of looking for a manufacturer to perhaps develop and license my product. Currently, I belong to an inventor organization but feel that I am not getting the results I want in terms of moving from Patent to profit. Therefore, I need an attorney to assist me with the process. Please advise.
Intellectual PropertyIndiana1 attorney answer
Book publishing, people / "model" photo releases
I've written a photo-essay book on 1969 Vietnam. I have many photos of soldiers, residents, etc. I would like to know if it's possible to publish for sale if I am not able to find some of the people to get their release for using their likeness (I think some have passed away). There are some people who are only known by their last names (Army tradition) so nearly impossible to locate them today and some people that have no known names, just the photo. If I cannot sell for profit, may I give the book away freely without fear of legal challenge?
Intellectual PropertyCalifornia1 attorney answer
Am I allowed to use another companies name in my advertising if I am claiming to be a generic version of their product?
I know that many generic products, for example soap and shampoo, say "compare to product xyz" on their labels. How is this legal and when would it not be legal?
Intellectual PropertyNew York1 attorney answer
Selling with brands
Hello, Myself and my sister at looking at creating items to sell online. There will be a range of different items, for example chocolate trees, glittered alcohol bottles etc. My question is regarding branding. So for example if we used a Disney character on one of the trees, or decided to use a picture/quote from the TV show Friends, is this allowed? It would only be a hobby? Thanks Lauren
Intellectual PropertyAlaska1 attorney answer