Intellectual Property Legal Questions

You can protect an app by protecting the Usert interface by copyright. The concept by patent, if eligible, and the code by copyright. Additionally, if you use a brand on your website, the brand may be protected by Trademark Registration, if it is eligible. Your relationship with the gentleman in Pakistan is determined by your contractual/business relationship.  Please le me know if you have any questions. Best regards, Alan M. Sack SACK IP Law p.c. Alan.Sack@SACK-IP.com... Read More

Unfortunately, there is nothing you can do to proactively immunize your invention from a secrecy order. All patent applications are reviewed to determine whether they implicate national security interests, and the various defense-related agencies issue the secrecy orders. Once you file your patent application, you subject yourself to the government's process. However, without knowing more about the invention itself and how it might implicate national security, it is impossible to predict whether it might be flagged for a secrecy order by any given agency. It is even possible that your invention may be subject to a secrecy order that is later lifted.   You may be able to avoid this altogether by protecting the invention as a trade secret instead. Unlike patents, trade secrets do not expire as long as continue efforts to maintain secrecy and the secret itself continues to have commercial value by not being publicly known. However, you cannot prevent someone else from using your trade secret if they develop it independently without violating your NDA. You can license your trade secret, but you will need to make ongoing efforts to ensure it remains secret.   That said, you need to ensure that you will not be violating any export control laws by disclosing the trade secret to entities with foreign ownership or control. The Bureau of Industry and Science (BIS) includes an FAQ regarding encryption technologies in particular that may be helpful here.  Encryption FAQs... Read More

 Hire and attorney to do something similar to the following: 1. Copyright Protection for Original Content: Register the Copyright: Copyright protects the creative elements of your game, including written content, artwork, rules text, and character or story elements (as long as they aren’t purely functional). You can file for copyright with the U.S. Copyright Office to protect your written material, illustrations, and the overall book or game manual. Copyright Notice: Add a copyright notice (e.g., “© [Year] [Your Name/Company Name]”) on the game materials to make ownership and protection clear. 2. Trademark Registration for Branding: Register the Game’s Name and Logo: Trademarks protect the name of your game, any logos, and possibly character or faction names if they are uniquely tied to your game brand. This prevents others from using similar names or logos in connection with similar products. File with the USPTO: File a trademark application with the U.S. Patent and Trademark Office (USPTO) for the name of the game, the series title (if applicable), and any distinct logos. 3. Open Game License (OGL) Setup: Define Licensed Content: Choose which specific game mechanics, terms, or parts of the game will be open for use by others under your Open Game License. Typically, you might allow usage of basic mechanics, certain rule sets, or general gameplay methods but restrict the use of specific story elements, characters, or unique lore. Craft Your OGL Document: An Open Game License allows others to use selected content with clear boundaries. You could use an existing OGL as a model (like the one published by Wizards of the Coast), but consult an attorney to ensure your license reflects your unique requirements. Make sure the OGL includes: Permitted Content: Specify the content others may use and the ways they can use it. Restricted Content:  Attribution Requirements:  Conditions for Commercial Use:  Legal Review: Have an attorney review your OGL to ensure it legally enforces the boundaries you intend. 4. Licensing, Distribution, and Attribution: Decide if you want to provide a standard attribution format for others to use in their content. This helps ensure that people using your OGL consistently credit your work. Outline clear guidelines for distribution to protect both you and others creating under the OGL. Specify if they can only distribute in certain media or if there are particular limitations on reproductions of the game materials. 5. Consideration for an LLC: If you haven’t already, forming an LLC (Limited Liability Company) may offer extra protection for your intellectual property and limit personal liability.  6. Ongoing Protection and Monitoring: Monitor Use: Regularly check for compliance with your OGL and pursue any violations. You may wish to establish specific terms for enforcement in your OGL. Update Trademark and Copyright Registrations: If you expand the game with sequels, spin-offs, or new content, register those new elements accordingly.  ... Read More

    Creating a 3D map of New York City involves various legal considerations, particularly concerning architectural copyright laws.  while creating a 3D map of New York City that includes publicly visible buildings is generally permissible, especially under fair use for non-commercial purposes, it is crucial to be aware of specific legal nuances and seek appropriate legal guidance to avoid potential copyright infringement.... Read More

It looks like the publisher stole your idea:  you need to prove the submission and their interest this is a very tough case to win as a budding author myself looking to get published, I definitely understand the anger and pain you must feel regarding this. feel free to be in touch, if I can help, I will.... Read More

It would be advisable to have an assignment agreement in writing. An assignment agreement is created to transfer all copyright interest to another. If you don't do this, at least you should have a work for hire a agreement, so that it serves as evidence of copyright ownership.  DISCLAIMER. This is not legal advice. ... Read More

If your contract makes your work product their intellectual property, you can keep a copy but you must return the thumb drive to them. If the contract does not say that, in theory, the materials on the disk are yours. If they have breached their agreement with you, you will need an employment law attorney to hold them accountable.   good luck... Read More

Just about every commercial movie is the copyrighted property of someone. Copyrights last 100 years! Usually, the credits tells you who made it. Using others' intellectual property without permission can have serious consequences, so be careful. Not sure there is anyone one database for films but IMDB is pretty extensive.... Read More

Hello.  I am a registered patent attorney and have been so since 1995.  Only registered patent ts practitioners may represent applicants for patents before the U.S. Patent and Trademark Office. Inventors are not limited to engaging patent attorneys in their local area.  A registered patent professional can represent clients worldwide.  My practice is focused on individual inventors and start-up companies.  Almost all my communications with clients is by email and telephone. I provide a free no-obligation initial consultation along with a brief patent search to investigate the novelty of your invention. I am on the West Coast, so three hours earlier than you in Florida.  Please feel free to call me at your earliest convenience. Regards, Anthony Claiborne Claiborne Patent Law Services 425-533-6132... Read More

You can't infringe a patent application.  A patent applcation does not become an enforeceable thing unless and until it issues as a patent. You infringe a patent: if and only if the patent has issued, is valid and enforeceable; and if and only if you practice each and every element of at least one claim in the patent. Was the cease and desist letter from the inventor or from an attorney?  If the letter was from an attorney, I recommend you hire a patent attorney to review the letter and provide you with advice and guidance.  Ask for a quote first.  Sound advice and guidance needn't be terribly expensive, perhaps two billable hours.  Shop around.  Because patent practice is a nationwide practice, you are not limited to attorneys just in your jurisdiction.  Any U.S. registered patent attorney should be able to assist you. If the cease and desist letter was from the inventor or some other non-attorney, while not as urgent, it may nonetheless be prudent to obtain professional advice.... Read More

Ok.  Whats the problem?  You can do this.  Are you planning on scaling this buisness.  You will have many other concerns if you are.  Please feel free to contact my firm if you need help with corporate governance or setting up your LLC to create a safe way to sell your wares. 203.870-6700.... Read More

The inventor or assignee of an invention can file a provisional utility patent application, regardless of residency or citizenship status.  While the PPA is not required to meet strict formalities, you are well advised to obtain the services of a patent attorney in preparing and filing your provisional application.  There are many potential pitfalls that may limit the patentability or scope of your later filed nonprovisional application.  Some attorneys offer a discount for preparation of the nonprovisional if they have been hired to prepare the earlier provisional application.  ... Read More

My thoughts are that it is Nike's intellectual property and they can choose their targets.  It's certainly easier to make a case against a true knock-off than against customizations of legitimately purchased products.  It's actually a completely different case, in general.  The harm from knock-offs is that the consumer is likely to mistake the knock-off for the original product.  The harm in the case of customizations is generally risk of tarnishment and dilution of the established brand.... Read More

Rob, the short answer is that common law rights may be used to defeat a federal trademark registration, but there are caveats.  Your common law rights give you rights in the trademark only in the geographic areas in which you are doing business; if you are online and selling goods throughout the U.S., then you potentially have rights throughout the U.S.  Often, a coexistence agreement is carved out so that the junior trademark user only uses his/her mark in the areas you are not using yours.  There are lots of facts to delve into here, especially whether "likelihood of confusion" does in fact exist. Hope this helps Lisa Dunner... Read More

You may do anything you want with Hershey's chocolate that you have purchased.  You may not, howeve, use Hershey's trademarks in marketing your product.  So, you can certainly melt Hershey's chocolate, pour the melted chocolate into molds to create molded articles of manufacture and offer the articles for sale.  In general, you may not use Hershey's name or their other distinctive marks in offering your product to customers.   If you have more specific intellectual property questions for which answers are important to your business, I recommend you hire an intellectual property law attorney in your area for an hour or two of consultation.  If your business depends on it, the money will be well spent.... Read More

Under Virginia law, when analyzing a party's obligations to a contract, you must look to the four corners of the agreement.  In other words, without seeing the entire contract, no one is going to be able to answer the question accurately.  That said, without providing legal advice, I suspect that your contract likely only relates to the subject matter of your employment and that your employer would; 1. not be interested in your fantasy novel, and 2. probably will never know you are writing one.  That said, they could make a claim based on the limited language you have cited.  If, for example, you turn out to be a modern-day JRR Tolkein, they could sue you, claiming you wrote your book on the company dime (and time), and thus the work is owned by the company.  The safest thing to do is get explicit permission in writing from the company in writing, confirming that they relinquish all claims to your particular work of authorship.  Finally, do not forget to file a copyright application for your work.  ... Read More