Arkansas Intellectual Property Legal Questions

You may pursue trademarks for the two products and educational services. The two types of trademarks that are suitable in this situation include the name-based trademark. Another one is a service-based trademark, which is based on educational services. Before you choose the product name, conduct a comprehensive trademark search with the help of a trademark attorney. This comprehensive search must include federal USPTO trademark databases, state trademark databases, and common law. Based on this search, any trademark attorney will give you a search-based legal analysis about the possibility of trademark registration. Trademark registration is a 6-9 month process and you should be patient with the USPTO process. You are the owner of any work-for-hire copyrightable work. You may pursue copyright based on the "original work of authorship fixed in a tangible medium of expression." See 17 U.S.C. § 102 (a). I need more information to state whether you may pursue copyright solely on design.  Patent eligible subject matter includes "any new and useful process, the machine, manufacture, or composition of matter" may obtain a patent." See 35 U.S.C. §101. Abstract ideas are not protected under patent law. Any research material that is already available to the public in some form and utilizing slide charts may be abstract and not patent-eligible. I need more information to determine whether there is any more patent-eligible subject matter that you pursue. Good luck!   Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

Dear Sir/Ma'am,   Patent litigation and damages are far from straight forward and most often require a damages expert.  However, the starting point is whether or not there is an actual infringement of your patent.  In your case, you have indicated that a patent is involved within the aerospace industry.  However, you have not indicated whether it's a Design Patent or Utility Patent which certainly will bear on the consideration of expert witnesses. When evaluating what types of damages you are attempting to recover you should consider lost profits, reasonable royalty, whether there was "willful infringement" and what evidence do you have to support the assertion, and attorney fees in exceptional cases.  I highly recommend speaking with a patent litigation attorney about the specifics of your case.  Good luck.   Sincerely, Andrew Rapacke The Rapacke Law Group, P.A.... Read More

Context matters. As a general matter, it is perfectly "legal" to use anyone's logo or brand indicia in a film, without permission, as long as it is done in a manner which does not falsely suggest the endorsement or sponsorship of the film or the producer's products by the trademark owner. For example, it is entirely possible to have your hero drink Beefeater or 7-Up in clearly identified containers. No permission is required. It is not really clear what interest you may think is being protected, but trademark law doesn't preclude all use of the trademark owner's mark by others. Sometimes, in an excess of caution, such permissions will be sought. They are nearly universally granted.... Read More

You can best prepare yourself for such a meeting by being able to articulate the uniqueness of the name after doing a comprehensive investigation of its use (or non-use) by others. Google and Lexis are always good places to start such a search. You can also search the USPTO database and your state's trademark database. After you have done all of this, and found that the mark appears to be available, you will waste the minimum amount of time with your attorney.... Read More