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If a company supposedly has a "patent-pending", is it

Hello,If a company supposedly has a "patent-pending", is it legally okay to sell a VERY similar product?Popular example being this kickstarter campaign "Fidget Cube". https://www.kickstarter.com/projects/antsylabs/fidget-cube-a-vinyl-desk-toyThey claim to have a pending patent (not currently issued), I see a bunch of similar products around the internet (ex: https://thefidgetclub.com/). What is your take on this? Or the law's take, anyway :). I assume it is perfectly okay, but....Thank you!

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Alex Reese

Intellectual Property Attorney

JD

4,126 satisfied customers
My question is regarding a patent, Smoking device. There is

My question is regarding a patentJA: What's the invention's purpose?Customer: Smoking device. There is a patent on a product and I was wondering if I could work around that by adding a function to the device and not get into any legal trouble.JA: Has anything been filed or reported?Customer: FiledJA: Anything else you want the lawyer to know before I connect you?Customer: No

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David Stewart

Vice President Legal Affairs

Juris Doctor

466 satisfied customers
Someone made a special bra that fits better than other bras.

Someone made a special bra that fits better than other bras. The reason it's so great, is because it is made using four clips (look like normal clips you'd get from the crafts store), and they are perfectly placed to relieve tension in all the right areas. There is also a special elastic type of band that does the rest of the job very nicely. The material the bra is made with, is silk. Although this design was made by this individual, there is no patent, and for all intents and purposes, it is simply a silk bra with 4 clips in unique places, along with an elastic band.I want to compete with this entity. The manufacturer (from china) wants to sell the same exact bra style to me in bulk, and I have requested them be made in a different material (not in silk). My packaging and marketing, along with the product name and material are all different, however, the basic "style" is the same.So my question is: Am I good to go so that I may compete freely?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,960 satisfied customers
For a biography of an English writer I wish to quote

For a biography of an English writer I wish to quote substantially from letters written by her father's brother to the father and the writer. The uncle died in 1938. Must I seek permission to quote from these letters?JA: What written documentation do you have?Customer: I have the original letters. The owner of the actual letters has no objections, but he is not, of course, the owner of the copyright. Is 89 years long enough for the letters to be in the public domain?JA: Have you talked to a local attorney? Has anything been filed in court?Customer: No. No.JA: Anything else you want the lawyer to know before I connect you?Customer: No

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Ely

Counselor at Law

Juris Doctor

67,220 satisfied customers
Applying for a utility percussion instrument patent. Need

Applying for a utility percussion instrument patent. Need another opinion regarding heir assignment.Call(###) ###-####Is Alex Reese available? We spoke earlier?

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Alex Reese

Intellectual Property Attorney

JD

4,126 satisfied customers
I have a percussion instrument patent question- utlility,

I have a percussion instrument patent question-JA: What's the invention's purpose?Customer: utlilityJA: Have you talked to a local attorney? Has anything been filed in court?Customer: Nothing filed yet, close toJA: Anything else you want the lawyer to know before I connect you?Customer: Before filing, need another persons thouths. I have two brothers that worked on this idea. One brother is now deceased. My living brother decided to move forward on the patent but add the deceased brothers name on it since he was a part of it. The question is, if my deceased brother has a daughter does he need to add this to the patent paperwork. Or is this something that can be done in a will / bequethe, sold to ?

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Alex Reese

Intellectual Property Attorney

JD

4,126 satisfied customers
We formed a company that has a similar sound and spelling to

Hello,We formed a company that has a similar sound and spelling to another company (from hereon referred to as: “company X”) formed about 10 years ago in another state. Company X is still legally registered/active and in good standing with their state.A search online yielded no information on what company X does at this point in time. We found only one professional social profile of a person employed there and it too doesn't mention what he does there or what the company does either.We found company X registered an identical domain name, “www.companyX.com” long ago. The website is currently inactive/blank but still registered to company X.We used archive.org to find out what the website was used for before. It turns out that over 4 years ago the website was used by company X for several years for basically the exact same reasons we are in business now. While the methods of our business differs from theirs, the end is the same.Given the facts that:1. The names of our companies are spelled and sound similar2. Our current mission/product/service is similar to their prior stated mission/product/service3. Their website is currently inactive/unused4. Their business is still technically active and registered with the state5. We can't find out via an internet search what their company does anymore6. We will soon launch an online presence that will likely have clients from their state using our website for commercial purposesOur questions are:1. Are we at risk of being sued by the company for any reason pertaining to these circumstances? We are worried that if we launch and (especially) are successful, they will claim that we blatantly intruded on their name/mission/product/service. We are worried that even if we can't find any information online about their activities, they may theoretically have a small offline business in their state still doing the same thing and that will serve as legal grounds for a lawsuit.2. Should we use an attorney to try to establish contact with their company to find out what they do right now or is this unnecessary?3. While they used “TM” next to their name when their website was active, no federal trademark for their name/logo/etc exists. If we federally register our trademark/name for our similar purposes, will that help protect us from a lawsuit? Or, do they despite this have some sort of historical standing and claim to the similar name and similar product/service since they once had an active website and their business is still active?

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38,846 satisfied customers
I am a lawyer myself. I have" created" or "invented" a

I am a lawyer myself. I have" created" or "invented" a significant change to a particular baseball rule which will change a certain aspect of baseball which is problematic. This rule change, I believe would be very appealing to owners and players and I would like to "market" it and present it, but want to protect it as IP, if the law permits this. I am not schooled in IP law and don't know if this is possible, but I know that if it is not subject to protection, it will be stolen and used without any benefit to me. Your thoughts on whether and how I can protect this. David ReidJA: Is this about an invention, a design, or an artistic work?Customer: see my message, ty DavidJA: Have you talked to a local attorney? Has anything been filed in court?Customer: nothing has been filed- I have not talked with a local copyright attorney- for now I have kept this secret - DavidJA: Anything else you want the lawyer to know before I connect you?Customer: nothing that I can think of at the moment

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38,846 satisfied customers
If I begin to produce a product similar to another product

If I begin to produce a product similar to another product before I realize or know that a company has a patent pending am I obligated to stop selling that product based on the fact that they have the patent pending? If not then what happens if they are granted a patent down the road and I am infringing on it?

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Alex Reese

Intellectual Property Attorney

JD

4,126 satisfied customers
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