Bernard Samuel Klosowski

Bernard Samuel Klosowski

Ben Klosowski, Esq., Registered U.S. Patent Attorney
  • Patents, Trademarks, Intellectual Property ...
  • Florida, Maryland, South Carolina, USPTO
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Summary

U.S. Naval Academy graduate; Commander, U.S. Navy; U.S. Patent Attorney: Electro-mechanical * Electrical * Software/Computers * Artificial Intelligence/Machine Learning * Automotive * Energy Systems * Medical Devices * Optics * other Intellectual Property and Related Business Issues and Litigation

Practice Areas
  • Patents
  • Trademarks
  • Intellectual Property
  • Business Law
  • Entertainment & Sports Law
  • Communications & Internet Law
Additional Practice Areas
  • Computer Technology-Software
  • Copyrights
  • Copyright
  • Trade Secrets
Fees
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    I am willing to discuss alternative fee arrangements.
Jurisdictions Admitted to Practice
Florida
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Maryland
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South Carolina
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USPTO
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4th Circuit
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Federal Circuit
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Languages
  • French: Written
  • German: Written
Professional Experience
Law Firm Partner
- Current
Education
University of Baltimore School of Law
J.D. (1998) | Law
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Honors: cum laude
University of Baltimore School of Law Logo
Naval War College
other (1993) | Strategy & Tactices, Executive Decisionmaking
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Attended Annapolis, MD satellite site
Honors: 1993 Outstanding Student Nominee
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United States Naval Academy
B.S. (1986) | general engineering
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Commissioned as an officer in the U.S. Navy on May 21, 1986 and ordered to flight training.
Honors: Commandant's List
Activities: Color Guard, Bicycle Club
United States Naval Academy Logo
Professional Associations
South Carolina State Bar  # 69287
Member
- Current
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Publications
Articles & Publications
IPlog
Self
Speaking Engagements
Numerous Speaking Engagements
Certifications
Registered United States Patent attorney
U.S. Patent and Trademark Office
Legal Answers
34 Questions Answered

Q. What makes the length of the patent protection too short?
A: I agree my colleague Mr. Ivey and would add that it's 20 years from filing of the earliest filed utility patent application (if priority is claimed) and 15 years for a design patent. Additionally, delays in prosecuting the patent by the applicant can affect the patent term ("patent term adjustment"); e.g., applicant requesting to suspend prosecution, or in a more drastic case, having to petition to revive an inadvertently abandoned application due to a missed deadline.
Q. Is this Infringement
A: Yes, possibly. But there are multiple factors that a court must weigh to determine trademark infringement. The two main factors are the mark itself and its underlying goods/services. In your example, "God's Country" is the "dominant" or key phrase, which is repeated exactly in the longer phrase. And the goods appear to be the same (t-shirts are clothing). So, based on just those two factors, a court might find that it's likely that consumers would be confused into thinking that your clothing and the other guy's t-shirts are coming from the same company. But there are other factors, too. One is time - who used the phrase first? Even though you have a federal registration and the t-shirt guy doesn't, if he was using his phrase years before you, you might not be able to stop him (although you might be able to restrict him to his local geographic area). Another consideration is how the other guy is using the phrase - is he using the phrase as a decoration (e.g., large print across the front of the t-shirt) or is he using it as a trademark? Consider consulting with a trademark attorney to look at your various facts and the various trademark factors to point you in the right direction. Good luck.
Q. If I make a podcast where I review books and highlight their essential details, am I committing infringement?
A: What's described sounds like "Fair Use" under Section 107 of the Copyright Act; e.g., criticism, comment, news reporting, teaching, scholarship, and research are forms of freedom of expression and are likely fair use. Of course, "fair use" is simply a defense to a claim of copyright infringement - while it ultimately may be a successful defense, "fair use" can't prevent a lawsuit from being filed if the copyright owner is adamant. Nevertheless, if only snippets of books are being referenced (and even directly quoted) in order to review the books, such limited uses likely qualify as permissible criticism and commentary, and the copyright owners would be hard pressed under those circumstances to pursue a successful infringement claim.
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Contact & Map
Main Office - Thrive IP® - by appointment only
220 N. Main Street
Suite 500
Greenville, SC 29601
Telephone: (864) 351-2468
Fax: (866) 747-2595
Monday: 8:30 AM - 5:30 PM (Today)
Tuesday: 8:30 AM - 5:30 PM
Wednesday: 8:30 AM - 5:30 PM
Thursday: 8:30 AM - 5:30 PM
Friday: 8:30 AM - 5:30 PM
Saturday: Closed
Sunday: Closed
Notice: If we are unable to take your call immediately, please leave a message and we will return your call as promptly as possible.
Low Country Office
5401 Netherby Lane
Suite 1201
North Charleston, SC 29420
Telephone: (843) 580-9057
Fax: (866) 747-2595