Massachusetts Patents Legal Questions

Yes, providing the recipe meets regulatory codes governing sale of this type of product- but be careful not to use the "name brand(s)" to mark your product. You might list the ingredients in small print, but make sure to do so in a manner that will avoid any likelihood of confusing your product with its name brand ingredients.... Read More

You appear to be asking a question that would better be addressed to Ann Landers (now deceased) or successors or maybe a counselor or psychiatrist. If there was no written agreement, surely oral agreement controls (e.g. a contract). If there was no oral agreement (meeting of minds), then apparently the gift was officious. Actually, this sounds as if it is more nearly an engineering and moral issue. The engineering aspect is whether there is any practical means for your friend to get it back and whether you have a practical means to counter any action he/she might bring. The moral question is your sense of obligation (guilt) or none, and same for your ex-friend. On the legal side, when somebody whom you do not know, intentionally sends you something officiously (by mail or leaving it on your doorstep for example), you can generally keep it. The situation you describe is nuanced, based your knowing each other, and the allegation that each of you understood impliedly conflicting terms (e.g. no meeting of the minds). Assuming the value of the article supported legal action, in theory a factfinder would decide the facts based on evidence, and a court would apply the law based on the determination by factfinder.... Read More

That sort of a thing is always specific to the particular circumstances. You should have an attorney review the details and talk with you about risk if you are concerned. Generally speaking, using a non-famous brand in conjunction with products not associated with that brand in a way that does not cause consumer confusion is not a problem.... Read More

The answer depends on what sort of product you are buying and whether or not it has any restrictions on its use, further adaptation and the like and whether or not you will be reselling the combined product. Such restrictions are common with various license agreements that come with the sale of products, particularly software with regard to patent rights and copyrights. Additionally, there could be some contexts where trademark rights may be violated if you modify the purchased product and resell it under a new trademark that might cause confusion as to the source of the goods. If on the other hand you are simply purchasing a product that you want to attach to your new concept/idea for you own personal use, it is unlikely that an infringement issue will arise. As always, you should consult an intellectual property attorney so that he or she can fully explore your facts and intended use in order to properly advise you of your rights and possible liabilities.... Read More

They vary depending on the complexity of the patent, but i would expect in the $5,000 range give or take $500 unless you use some of the big name firms where it could easily be in the $8000 to $12,000 range. Also the amount of work that has to be done after the patent application has been filed may be minimal of it maybe quite time consuming. Basically make an appointment and disclose the device to a patent attorney and try to get a fixed price.... Read More

You mentioned that "I use the name and logo to draw attention to people who want the mobile app." Since that is not your name and not your logo, you are not permitted to use them for your own commercial purposes. Trademark and Unfair Competition laws prohibit the exact thing that you are trying to do (ie use other's good name for your commercial gain). As far as the DMCA take down notice is concerned, that is a mild remedy compared to the availability of trademark infringement claims that may include attorney's fees and triple damages. Also, since the intellectual property owner is in the UK, you may face an international lawsuit that you cannot defend against and then you will have a civil judgment on your credit report. You are best to abandon your business idea and move on to something that does not violate other people's intellectual property rights. You should consult a lawyer on this matter.... Read More

It appears that you only registered your business name (IE as a sole proprietorship, DBA etc) so it would be your trade name. It is not clear if you were using your business name as a trademark. For example, did you use the ? behind your business name ever? If you were indeed using your business name as a trademark and you were doing this in the USA before the other company registered their trademark, then you are the senior mark and you may be able to have their mark cancelled - provided that you can allege that there is consumer confusion and that they are in a similar classification. Look at the USPTO website regarding "cancellation proceedings."... Read More

A patent grants the owner the right to exclude others from making, using or selling whatever is covered by the claims in the patent. Of course, the enforceability of any patent is subject to payment of maintenance fees during its patent term. Any patent that has expired for failure to pay a maintenance fee or by virtue of full patent term expiration is dedicated to the public. The government, like any other patent owner, has the same rights to exclude others. The owner of a patent has the right to enforce its patent rights, but there is no obligation to do so. Finally, the covered inventions of government owned patents are not free for use by any American citizen simply by virtue of your having paid taxes if that is your implication. You would be well-advised to seek a license under the patent and it is likely that government held patents may be licensed.... Read More

There are several confusing statements in this scenario. Best to contact me personally by phone if you want an answer. There are missing facts that i require to give you an opinion. But on a quick review, based on what you have said here (which i think in very incomplete) i don't see where anyone has wronged you. Keep in mind that they have only applied for a trademark they have not received it yet and you can oppose them in the publication period and let the Trademark Office straighten it out.... Read More

If by destroying his livelihood you mean by selling the infringing goods at a reduced price or by better marketing etc - not exactly. There would however be an action in infringement for his lost profits (which can be increased by 3 times for willful infringement) or at least for a reasonable royalty. Incidentally if you are sued for patent infringement it is a federal court case that you could expect to pay a minimum of $500,000 to defend you against.... Read More

Yes you can say that you do this type of repair but you cannot state you are an authorized repair facility or any other such type of advertising unless it is true. I would suggest that you contact an attorney in your state that handles business litigation. Also you may want to look at the truth in advertising statutes federally and in your state.... Read More