Patentablilty of an Invention

I have been working on an invention for 3 years. I had the idea about 6 years ago. I have had it designed and prototypes made. I have periodically done searches on patents. The other day I found a patent for an invention that is very very close to my idea. I even did a double take when I first saw it. I don't know why I couldn't find it before. It was patented in 2000 so no one stole my idea. My question is though is my idea still patentable? How different does it have to be? His claims for his invention are not what I would claim for mine and the design is different in a few ways. I have not finalized my design yet. It still has to have at least one more phase before I am satisfied with it. Is there anyone willing to sign a confidentiality agreement and look at this other patent and my idea to give me advice. I will need a lawyer when I go to patent it if I can but I can not afford to pay an attorney to find out that it is not patentable at all and I have wasted years of time and loads of money.

Thanks

help going to name my product a name that is a title for a movie....

I have a product that is trademark pending Now the thing is I was going to name my product but after doing some research I found a movie with my name --- what can I do? Can I still name my product with the name is was going to use. or do i have to use the name and add a saying so it wont be the same or can I chance the S's in the name to Z's Help

Unreleased song stolen by popular music producer

I'm a struggling musician and have been performing live locally for a few years. I signed a contract with a ''manager''. The contract was specific to assisting with promotions and scheduling gigs only. My manager got in touch with a popular jazz producer who was interested in my talents, we went to his home in Beverly Hills and recorded MY songs which I had already been performing live (although not released publicly via CD or internet). Once the CD was finished my ''manager'' tried to coerce me into signing a ''recording contract'' with her. I refused and the CD died. The producer sold my song to another musician and produced, recorded, and released the song and is now making money off of it. They didn't even bother to change the name of the song or change up the ''hook'' at all. Its 100% positively MY song. Compulsory license can't be an issue because it was never released publicly. What can I do? I just want justice. Are there intellectual property attorneys out there willing to take on a case on a contingency basis? I've since registered the song with US Copyright. I believe there was a contract between my manager and the producer but neither will give me a copy. She's probably making money off of it too by now. Thank you.

Protecting and Idea for a Website

I'm in the processes of building an all-inclusive website for retail shops and resturants. I will be working with the plaza owner on this. What should I do to protect my idea before I start talking openly about the details in our meetings. What forms to I need and where do I file them? Do I have him sign something? Thank you for your help.

copyright - audiobooks

If I make an audio recording of a children's book for educational use, am I violating the author's copyright? Does this come under the Fair Use doctrine for educational materials?

trademark versus registered mark

When is it appropriate to use a ''TM'' versus a � on a product name?

got a house on property in two people names house in my name

if i was in a relationship with someone and they had some land and I had a good paying job. They put my name on the land in order for us to get a house built on the property. But I they suddenly got sick and have to medical care 24/7. But their name is not on the loan for the house but the house sits on the property that both of our names are on. But they are not in a position to do anything for themself anymore . What are my rights as far as the house being on the land. Their name comes first and then it is mine. Do that person mother or other family member have any say of who comes and go from where I live. what is it that i need to do.

copywright

to what extent does the disclaimer ''any similarity between characters of this work and actual people and events is purely coincidental'' free the publisher of a book or server of a website from liability from expoitating an actual person's life and strife some of which may have been caused intentionally to make an on going 'biography'' more interesting?

copyright...manuscript ownership?

I plan to submit a manuscript to a fiction contest operated by a very prominent publication. In their rules it states that ''All manuscripts become the property of ____ and will not be returned.'' Does this mean by submitting I lose my rights of ownership to my written work even if I don't win the contest? I'm concerned that if I submit and don't win that I will be unable to submit the same work to other publications in the future.

Concerns about Trademark cease and desist request

Today I received a cease and desist letter from a company that has trademarked the name ''Skin Store''. My company's name is ''The Original Skin Store''. I have been using the name since 2000 as a seller on ebay, and in the last 4 years on my own internet site and I own the domain. They registered the name in 2000. I did not trademark the name because I thought it was ''generic'', but evidently not. We sell the same type of item, though I sell only my own product line that I developed under The Original Skin Store Name. So, now that I sound totally defensive (!) my questions are as follows:

1. Does the name ''The Original Skin Store'' infringe on the trademark ''Skin Store''?

2. What are the rules regarding generic terms as trademarked names?

3. If I am hosed, how can I make sure the next name I pick is not going to conflict with someone else's name? I looked my name up in TESS at the US Govnt site, and it came up with nothing, I thought I was doing the right thing. I never intended to infringe, this was not deliberate, but I have spent 8 years developing my product line under this name, and I am devestated that I am going to have to change it all. Any help or advice you can give would be greatly appreciated. Thank you.

Questions about a Trademark infringement claim

Today I received a cease and desist letter from a company that has trademarked the name ''Skin Store''. My company's name is ''The Original Skin Store''. I have been using the name since 2000 as a seller on ebay, and in the last 4 years on my own internet site and I own the domain. They registered the name in 2000. I did not trademark the name because I thought it was ''generic'', but evidently not. We sell the same type of item, though I sell only my own product line that I developed under The Original Skin Store Name. So, now that I sound totally defensive (!) my questions are as follows:

1. Does the name ''The Original Skin Store'' infringe on the trademark ''Skin Store''?

2. What are the rules regarding generic terms as trademarked names?

3. If I am hosed, how can I make sure the next name I pick is not going to conflict with someone else's name? I looked my name up in TESS at the US Govnt site, and it came up with nothing, I thought I was doing the right thing. I never intended to infringe, this was not deliberate, but I have spent 8 years developing my product line under this name, and I am devestated that I am going to have to change it all. Any help or advice you can give would be greatly appreciated. Thank you.

Companies

I work for a company that copied another company's manual of conduct. Can companies us internal information from other companies without approval?

contract

i am trying to get into the career of songwriting and found a site through myspace. i submitted a song and within a week they sent me a letter saying they were very impressed and sent a songwriting contract with it. now everything looks legit, there's an address phone number and website, however before i sign anything i needed to know if there is a way to find out if the company is legit and that it's not a scam, as i live in michigan and they are in tennessee, would i need to hire a lawyer to research this?

Production for New Show

I'm a marketing professional and want to produce a new TV show that I think will be a hit. I want to pitch the idea to TV production companies, however, I don't want the them to take my idea and produce it on their own. How can I protect my TV idea? Is this called intellectual property?

Business law - copywrite

I recently saw a set of pole barn plans that I like. They have the copywrite symbol on them from the designer but I have learned that they are not actually registered. Can I redraw those plans and sell them to a client?

Can i re-use an event name?

i worked for a company that sponsored an event (live music, food, drinks) and the actual event was given a pretty distinct name. the event was free but it was promoted on the radio and shirts were distributed with the name of the event on it. the company no longer wants to put on the event and i no longer work there. can i put on and promote a similar event under the same name but with a different organization?

Response to cease and desist request

What does the term ''meaningful response'' mean in legal terms? I received a ''cease and desist'' letter regarding use of a trademark. I have complied but the letter states I must make a meaningful response within 15 days. Should I respond in writing to protect myself?

Intellectual Property & Website code

Hi,

I have just finished an upstart company's website with the promise of becoming a partner in the business as well as recieving a monthly income based on % of sales. No formal contracts have been signed yet. The partnership agreement that has been drafted has a line that makes me worry though (minus legal jargon): majority partners have 30 days from time of signing this agreement to decide if you to remain a partner. I am a 5% minority partner, whereas the controlling party is made up of 2 individuals. Obviously, once becoming a partner, I am supposed to turn over the website I have created to the business to use, after that, what is to stop them from saying ''we don't need you anymore.''?

My question is this: Is there some way that I can protect my interests in the company? Could the website I created be considered intellectual property? Basically, I own the code and 'they' can use it as long as I remain an active partner in the business...or something to that effect?

Any advise about what to do and which documentation/legal forms I need to be looking into to protect my interests would be greatly appreciated!

Thanks in advance,

Justin

Photo Resale.

My wife is a freelance photogropher. She often takes photos for the local paer. She is currently trying to get some works into national magazines. can she resell the photo withouta release? All photos taken in public places, often times public officials Police, Fire .. The hope is to get the cover shot, not to be used for advertising. Can she sell the photo to the mags?

Software developer - cease and desists letter.

10 years ago I developed an application for a company. 3 years ago the company let me go. Since then I developed a new application that supports the same process. Now the company sends me a cease and desist letter and threatens to sue if I don't stop and reveal the list of clients and proceeds from the sale of the new application. They claim that I stole the source code, which is not true. What can I do to protect myself.