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Walker Weitzel

Walker Weitzel

Alloy Patent law
  • Patents, Trademarks, Intellectual Property
  • Washington
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Summary

Prior to establishing Alloy Patent Law in 2015, Walker spent a decade designing and building aerospace assembly automation. His hands-on experience as an engineer allows him to work with and help inventors of all backgrounds, including those with little-to-no design experience, as well as those with highly technical designs and products.

Practice Areas
  • Patents
  • Trademarks
  • Intellectual Property
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Washington
Professional Experience
Patent Attorney, Founder
Alloy Patent law
- Current
Alloy was established to help artists and inventors protect their IP. We are a small practice, offering the absolute best representation by highly qualified lawyers, at prices that individual inventors and artists can afford.
Education
Seattle University School of Law
J.D. / Law, Intellectual Property Law (2013)
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Honors: Magna Cum Laude, top 5% CALI Award for Top Grade in Contracts CALI Award for Top Grade in Advanced Copyright Law CALI Award for Top Grade in Individual Income Tax
Activities: Intellectual Property Law Society Intellectual Property Inns of Court Moot Court
Seattle University
B.S. / Mechanical Engineering (2005)
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Awards
Excellence in Copyright Law
CALI
Awarded for the top grade among all students in Advanced Copyright Law
Excellence in Income Tax Law
CALI
Awarded to for the top grade among all students in Individual Income Tax Law
Excellence in Contract Law
CALI
Awarded for top grade among all students in Contract Law
Professional Associations
Washington State Bar Association # 47361
Member
- Current
USPTO # 73544
Patent Attorney
- Current
Certifications
Registered Patent Attorney
USPTO
Websites & Blogs
Website
Alloy Patent Law
Legal Answers
19 Questions Answered

Q. I have a peanut butter recipes. How do I protect my recipes so manufacturers don't steal it?
A: There are two ways to protect recipes: Patents and Trade Secrets. Recipes can be patented, and the strength of the patent will depend on the novelty of the invention. I don't have a lot of info about your recipes, but my general inclination is that patenting is not the best means for protection in your case. Your best protection, and the one most frequently employed for proprietary recipes, is trade secrecy law. For IP to be protected as a trade secret, you must take reasonable steps to keep the information private. This means that you will not disseminate the secret to the public. Before sharing the recipe with anyone, including employees, contractors, manufacturers, or other, you must form an agreement that they will promise not do disclose the recipe themselves. This agreement is known as a nondisclosure agreement, or NDA. You may want to talk to a lawyer to set up a trade secrecy program to make sure that your recipe is protected. If you do put in reasonable efforts to maintain the trade secret, you are able to sue and seek damages from unauthorized use.
Q. Hello,I have a vested patent about a new product for watersports.I would like to sell my idea to this kind of companies
A: There are many options for selling and licensing patents. Although I do not have much information about your patent or the related product, it sounds as though this is an area of technology in which I would approach potential companies directly to work out a purchase or licensing agreement. The process will depend a lot on your specific patent and the related industry.
Q. Patent of cushioned drum stick handle by James Huber is an exact copy of my designs from 1995. What should I do?
A: There are many important facts to this case that are not included in the question that a patent lawyer would want to ask, for example: What patent specifically (patent number and expiration?) Facts specific to your design and disclosure of said design, like did you ever market or sell it. Other general background. I would suggest scheduling a free consultation with a patent lawyer to determine whether you have any legal recourse.
Q. if someone already trademarked upper left apparel llc does that mean I can't make a company with upper left?
A: Trademarks are specific to the type of goods being sold. If your company would not produce competing products with the existing mark, then you probably would not infringe their mark, and registration of your trademark may be possible. I would suggest contacting a trademark lawyer for a free initial consultation regarding some more specific facts regarding your case.
Q. My ex-husband has stolen my idea and has filed for a patent what can I do?
A: There are absolutely legal steps you can take. Filing for patent if you are not the true inventor is generally a wasted effort. It is not difficult to render such a patent unenforceable. There are many possible courses of action. One example would be to attempt to convince your ex-husband that it is in his best interest to correct the named inventor on the application. The idea would be to name you as an inventor, then to agree to assign the application to him for some agreed upon dollar amount. You can contact a lawyer to approach him on this issue. Your lawyer can contact your husband's lawyer and lay out an argument based on the facts. Assuming the facts are as you state (inventorship can be a technical question and isn't always obvious), then his lawyer could not in good faith proceed with the application prosecution without jeopardizing his license. They would be compelled to at least negotiate with you. As I mentioned, you could try to get a one-time payout, or you could look for royalties or some other payment scheme. You have leverage. You should contact a patent lawyer for a free consultation to discuss your options. Note that this might not be in the wheelhouse of the first patent lawyer you talk to. You might need to talk to a few lawyers before you find one that is comfortable taking this matter. Also, this might be a type of matter that a lawyer would be willing to handle on contingency- meaning that the lawyer would just take a percentage of whatever payment you receive from your ex. You should begin working promptly. This matter will be handled more effectively earlier in the application process.
Q. I want to sell a product that looks similar to another.
A: There are two areas of IP that are relevant: trademark and patent. Trademark would apply if you are attempting to "pass off" the product as Apple's. The question is whether a reasonable consumer would be likely to be confused about the provenance of the product. If the source of the item is clear to consumers, then there is much less likelihood of confusion, and trademark infringement would be unlikely. Apple generally gets patents on their designs as well. One of the biggest patent suits in history is over Samsung infringing an iPhone design patent. You would need to determine whether Apple or anyone else has patented the design you are considering. Further guidance is not possible without additional facts about the product and situation.
Q. Can a non trademarked character be remixed and sold for profit?
A: This would be a copyright issue. The case is also fact-specific, meaning that without more information, it will be tough to speculate about whether infringement is likely. If you would like to assert a copyright, you will need to register it. Copyright registration is straightforward, and can likely be done yourself, although many people also choose to have a lawyer do it for them. Once registered, you should talk to an copyright attorney. Copyright law can provide for lawyer fees, so it's a little easier to find a lawyer to take the case than some other types of law. Good luck.
Q. Can I use X name if it's being used in another country(s)??
A: Trademarks are specific to product/service type and location. You establish the type of product/service by sales or by choosing the type during registration. You establish location either by sales or by registering in a given state or country. You would infringe Apple's trademark by using the name to sell electronics, among other things. It is unclear whether your example is hypothetical or not, but there is an additional part of trademark law that would apply. Trademark dilution applies to famous brands, and Apple would certainly qualify, and it allows trademark owners a cause of action to forbid others from using it in a way that would lessen its uniqueness. In the example you gave, you would run into issues using the Apple trademark in connection to any goods or services whatsoever under dilution.
Q. I want to offer freelance software development services under the name "office 365 developer"
A: Trademark infringement is determined by the "likelihood of confusion" test. This test inquires whether a reasonable consumer is likely to be confused about the provenance of a given product or service. It seems there is a good chance that consumers would be confused about whether the service is being provided by Microsoft.
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