Massachusetts Patents Legal Questions

To begin, more information is required regarding your intended use of using another's logo on your website. If it is for a commercial purpose that is associated with providing goods or services, you are likely not permitted to use what is assumed to be a registered trademark. However, if you are merely commenting on, criticizing, reporting on, or parodying the logo, you may have a defense against any claim of trademark infringement. Before including any trademark owned by another on your website, please contact an attorney who can counsel you appropriately with respect to all the circumstances.... Read More

Although you've spent a good deal of money to obtain a patent for a product, which obviously garners significant interest, it is advisable to contact an attorney experienced in negotiating and drafting appropriate business documents such as a licensing agreement. The manufacturers, regardless of any discussion you may have had with them, will look out only for their best interests. They are in business to make money which requires them to manufacture goods at the lowest possible price. As such, you require representation who is looking out for your best interests. To highlight the conflict of interests mentioned, an example using potential licensing agreements can be illustrative. For example, it may be in your best interest to enter a non-exclusive licensing agreement with each manufacturer in order to maximize your potential for profits. However, each manufacturer will likely insist on an exclusive license so that they are the only ones who can manufacture the product. Similarly, you may find that an exclusive license is suitable because other manufacturers are sub-standard in quality or to demonstrate commitment on your part. However, making a determination of any sort requires dedicated evaluation of the circumstances of your situation. Experienced legal representation, although it comes at a cost, can prevent the loss of substantial revenue that you would've otherwise earned with proper agreements in place. Hope this helps!... Read More

"The warranty states that the implied warranty will only last the same time as the 1 year limited warranty lasts." This one sentence addresses your question completely. Unfortunately, manufacturers of goods like electronics often do not provide extensive warranties to cover goods with the potential to fail at any given time. To address these concerns, vendors such as Best Buy offer extended warranties to cover these eventualities but often at a cost that doesn't always make it worthwhile. I realize this is not the answer you were expecting, but the "1 year limited warranty" is also an industry standard. In the future, consider purchasing an extended warranty offered from the vendor from which you purchase the product.... Read More

If you license your patent to company A and they collaborate with company B to produce/market the patented product, company A and company B are probably not discussing the patent details - they are discussing manufacturing details, transportation details, marketing details, pricing details, etc. If company B is your former employer, and they recognize the product as something they were developing in-house, they might investigate the patent and the inventor to see where it came from. Company B would probably need to have some level of suspicion/concern before doing any research. Otherwise, it isn't important to them. Good luck, Todd... Read More

Under the America Invents Act (AIA), you may be entitled to reduced fees as a "micro-entity" if you meet certain requirements. To qualify as a micro-entity, an applicant must meet all four of the following criteria: * Qualify as a USPTO-defined small entity, i.e., less than 500 employees. * Not be named on more than four previously filed applications. The micro-entity definition states that applicants are not considered to be named on a previously filed application if he or she has assigned, or is obligated to assign, ownership rights as a result of previous employment. Applications filed in another country, provisional applications, or international applications for which the basic national fee was not paid do not count as previously filed application. The definition also includes applicants who are employed by an institute of higher education and have assigned, or are obligated to assign, ownership to that institute of higher education. * Not have a gross income more than three times the median household income in the previous year from when the fee(s) is paid. For 2011, the most recent year that data is available, the median income was $50,054. So, if your gross income is less than about $150,162, you should meet the Gross-Income basis threshold. * Not be under an obligation to assign, grant, or convey a license or other ownership to another entity that does not meet the same income requirements as the inventor. So, if you meet all of the above requirements, you are entitled to micro-entity status and its reduced fee schedule. Unfortunately, your gross income (over $250K) exceeds the approximately $150K Gross-Income basis threshold requirement. So, you are probably not entitled to the micro-entity status. As always, you should consult a patent attorney to explore your particular facts and confirm whether or not you meet all of the requirements for micro-entity status.... Read More

Yes, a 50% interest in a patent can be transferred. Every aspect of the agreement that is important to you should be in writing and all of the provisions should be in a single document so as to avoid issues as to whether one supercedes the other. In this situation, the attorney is likely working solely for your potential partner if you are not contributing to his payment and have had no direct contact with him. You should ask the attorney if he is representing the partnership being formed or your future partner. Due to inherent conflicts of interest in this type of situation, the attorney could not advise both parties, especially without a waiver from you, which I assume you have not signed.  If you are smart, you will get your own attorney to insure that your interests are protected.... Read More

Copyright law is a federal action so you'll have to sue in federal court, either in your district or the district of the infringer. Procedure in federal court is complex so hire an attorney. Copyright statutes determine how much you can be awarded for damages. Attorney fees are also possible.... Read More

The vendor would be liable for any unlicensed items he or she offers for sale. However, I assume that this issue is addressed in the written agreement you have vendor sign before assigning space at the event. If you knowingly allow someone to sell licensed goods without permission, you potentially would also be liable.... Read More

Hi Nanci, Two suggestions. You could file it on your own as described at www.uspto.gov/trademarks/process/index.jsp.  Or you could hire an attorney to assist you. Our firm files 100-150 trademark applications each year. If you would like to know more about our processes and costs, feel free to reach out to me directly. Regards, Todd... Read More

The threshold question that needs to be resolved is? Who owns the rights to the gas underneath your property? You should inspect your deed and see what it says. There may be some urgency here, inasmuch as it appears that this extraction has already begun. Ultimately, you will need the advice of legal counsel to have the matter resolved.... Read More

You need each of these people to assert that they are the sole and true authors of the work submitted to you. You also need each of them to assert that this is a work for hire and that each owns all copyrights to the work, and that the copyright is being assigned to you. You may need to pay them something in exchange for assigning the copyright. This is called legal consideration. For example, you are assigning title to your car to me in exchange for $250. Each contract needs to be signed by you and each author. You should consult legal counsel on this, since the laws in each state differ.... Read More

You will need a rights release that states what is being used (personal stories), where or what media (book, audio/visual), for how long (term of years or perpetual), covering what territory (U.S.), and upon what payment terms (credit by name but no financial recompense except a free copy of the book). You will also want to get a release to use their name and likeness for publicity purposes and a statement that the person has the right to tell the story and that no one else will be harmed by the story (slander, libel, false light, etc.).... Read More

When someone is collecting submissions for a creative work, they ought to get an agreement from everyone providing a submission that assigns the intellectual property of the submission to the one who plans to publish the collection. It probably ought to also include the rights to the story and permission to publish it. If third parties are mentioned in a negative light, one might need their permission also.... Read More