FAQ  •   Login  •   Register  •   Subscribe 

Welcome to the Forum for InventorSpot.com, the most popular invention related website in the world. Read our welcome message.

Skip to content

Moderators: Michelle, Scrupulous, Roger Brown, citizen


ASK THE EXPERT - LAWYER

Postby Michelle » Wed Apr 04, 2007 8:32 pm

User avatar
Michelle
Black Belt
 
Posts: 1529
Joined: Wed Oct 11, 2006 7:27 am
I decided another area where there is often questions requiring technical expertise is a lawyer, expecially one with a strong intellectual property background. I know that there are many patent and other licensing attorneys who visit the site, so I hope you will volunteer some expert feedback if anyone has a legal question...understanding of course that the advice provided here is not legal advice and just friendly forum advice.

Letter of commitment and letter of intent

Postby Work2XL » Sat Jul 21, 2007 8:40 pm

User avatar
Work2XL
Blue Belt
 
Posts: 478
Joined: Tue Apr 24, 2007 7:56 pm
Location: Denver
Anyone have a resource for Letter of commitment or a Letter of intent template or someone who can write one for a decent price?

Randy

Accessory for Well-Known Brand

Postby Hungry » Tue Sep 11, 2007 8:55 pm

User avatar
Hungry
White Belt
 
Posts: 2
Joined: Tue Sep 11, 2007 7:25 pm
Hi,
When you invent a useful accessory to a well-known brand-let's say a carrying case for an Ipod, for example, can you mention the brand or is there some licensing required to use the name, even in a description of the function of your invention? Can you go more generic, say, "a carrying case for an MP3 player" but allude to the brand without mentioning it's name?
Thanks.

Re: Accessory for Well-Known Brand

Postby CriterionD » Tue Sep 11, 2007 10:37 pm

User avatar
CriterionD
Blue Belt
 
Posts: 428
Joined: Mon Feb 19, 2007 6:23 pm
Location: Tempe, AZ
Hungry wrote:Hi,
When you invent a useful accessory to a well-known brand-let's say a carrying case for an Ipod, for example, can you mention the brand or is there some licensing required to use the name, even in a description of the function of your invention? Can you go more generic, say, "a carrying case for an MP3 player" but allude to the brand without mentioning it's name?
Thanks.


This is not coming from an attorney, but I'll provide a reply.

You can use the name 'iPod' as long as the manner in which you use it in does/would not be seen to confuse "relevant consumers" into perceiving an association between you, your company, or your product and Apple, or the iPod brand. I.E. it wold be infringement if your usage led consumers to believe that the case was made by Apple, or if it led consumers to believe that you were endorsed by Apple, or that you were otherwise associated with Apple.

Of course, whether or not you are infringing is a separate matter than whether or not a company might sue you or use other bully legal tactics to discourage you (which you wouldn't necessarily have to give in to). Some companies are more litigious than others, and a random trademark attorney would likely know more than I off the top of my head. Here's one semi-recent article on the matter -

http://www.appleinsider.com/articles/05 ... alers.html

Postby MattB » Tue Nov 27, 2007 9:36 am

User avatar
MattB
White Belt
 
Posts: 49
Joined: Wed Oct 31, 2007 1:42 pm
There are two issues when using another's trademark.

You can "dilute" the mark.
You can "tarnish" the mark.

Using an "IPod" cover as a generic term for MP3 player cover is starting a war you can win, but will lose.

IPod covers more than half of the MP3 market in the US. Therefore, to refer to an MP3 player, you might just say IPod.
Apple hates this, as this is making their mark a generic term and thus unprotectable. Therefore, they will likely spend lots of money to send out their legal team to protect the mark and squash any attempt to genericize their term before you can gain speed.

(Just some practical advice for this particular scenario)
Matthew L. Bycer<br /> Registered Patent Attorney<br /> http://www.bycer.com

NDA's and patents

Postby abacus » Wed Jan 28, 2009 12:23 pm

abacus
Green Belt
 
Posts: 217
Joined: Tue Jan 27, 2009 1:11 pm
Does an NDA have to have certain elements[in the case of a non-patent filed idea] by which subsequent disclosure of an idea to signed up parties does not constititute public disclosure as far as filing a patent is concerned?

In the case of parties not signing an NDA[for frequently mentioned reasons]when disclosing infomation about non-patented ideas,does this disclosure amount to public disclosure as far as patenting that idea is concerned?

Answer to abacus question

Postby MattB » Wed Jan 28, 2009 1:11 pm

User avatar
MattB
White Belt
 
Posts: 49
Joined: Wed Oct 31, 2007 1:42 pm
Abacus,

I'm not sure what you are asking, but you can call me to discuss tomorrow 1/29. We can post the answer if I'd like.

Matt Bycer
602-956-7000
Mbycer@cvglaw.com

Postby abacus » Wed Jan 28, 2009 1:32 pm

abacus
Green Belt
 
Posts: 217
Joined: Tue Jan 27, 2009 1:11 pm
I'll do that,Matt.

Postby abacus » Thu Jan 29, 2009 1:04 pm

abacus
Green Belt
 
Posts: 217
Joined: Tue Jan 27, 2009 1:11 pm
I was talking to Mat.
He was saying,which I didn't know,was that disclosure,related to patent filing in the US,only becomes significant when a certain number of people have been told.He suggested the threshold number may be 1,000,but that it's a grey area.
I think he also said that talking to a company/business without an NDA,did not constitute public disclosure[see threshold nos.]but they could use your idea.
An NDA,as far as a business is concerned,means that they cannot go into production of your idea until the exhaustion of a time limit for the NDA to hold sway,as production,and all processes involved would involve disclosure.
A function of NDA's is to prevent numbers of people who know about your idea,reaching a critical threshold,amounting to public disclosure,before a patent is filed.
Mat further suggested always going to the market with a patent/patent application.

Useful stuff.

Thanks Mat.

Re: ASK THE EXPERT - LAWYER

Postby bbaker6212 » Sat May 23, 2009 2:09 pm

User avatar
bbaker6212
Yellow Belt
 
Posts: 59
Joined: Thu May 21, 2009 8:20 pm
nice info Abacus, thanks for sharing.
Next