Frank Anthony Natoli’s Answers

You are correct that if the class of goods/services is quite different this will matter greatly. Think about Delta airlines vs Delta faucets; the market is not confused by their coexistence. But you need to keep some things in mind. First, it is good that you did some general research but it is not enough. A comprehensive clearance search needs to be done by a professional who undersands trademark law very well in order to adequately know whether you have a problem. There is a skill set in...

Hi, I agree with my colleagues here. While we have many clients similarly situated each case is different and will require a careful and thoughtful analysis way beyond what is appropriate for this type of forum. I do agree that having the LLC be owned by the foreign entity will likely be the cleanest way to approach it however. You are welcome to contact me for further clarification. Best regards, Frank Natoli-Lapin, LLC (see Disclaimer)

You would be considered a third party payer of legal fees. Your son is the client and the lawyer owes you no duty. Your son can instruct his lawyer to include you in correspondence, but the lawyer will not be obligated to answer your questions exparte and it matters not that you paid the fees. I will retag your question to criminal so those attorneys can respond. All the best, Frank

In many instances they can be one in the same. An entertainment lawyer will also be well versed in IP law just like a copyright lawyer. Typically an entertainment lawyer will focus on the arts and have a more talent oriented practice. You need to find a lawyer that will handle this on a contingency basis. The problem is that there is really no way to know if you even have any merit to your case without investing time and attention upfront. It is unlikely (but not impossilbe) that a lawyer...

Hi, So your situation is not entirely clear and it connotes several legal issues. First, in a band situation the intellectual property created is often highly contested. In general, if your other member contributed 50% of the song then he would be a co-author and you both would have an interest in the copyright. This would mean that either of you could do anything you wanted with the material but would have an obligation to share any proceeds with the other authors. It is hard to...

You are asking very specific questions which suggests that you need your own personal advice not a public forum. Anytime a US concern hires employees that reside in another country, those employees are protected by the laws of that country not the US. this can be an absolute nightmare in mane places. We had a client that took over a plant in Germany, you have any idea how utterly gnarly German labor law is? You will required a consult with an employment lawyer in the country where the...

Whether the US would have jurisdiction over this person really depends. Depending on which country, however, you may be able to use those courts to seek a remedy as many are a party to the Berne treaty regards to the application of copyright laws. It is also entirely possible that the ISP hosting the content may respect a DMCA Take Down notice even if they are not located in the US or its territories, so that is worth exploring as well. It might be helpful to have a copyright lawyer near to...

Hi, I agree with my colleague here that a small claims court action is the most appropirate way to handle this . There is a legal concept called "quantum merit" which basically stands for the premise that you have a right to be paid for your labor. So long as you can prove that the work was done and the other side cannot prove that they paid you, you should prevail. The court will likely not grant you the horse but the monetary value of services rendered. Best regards, Frank...

Hi, This is really a business question as legally you can do either. Keep in mind that business names, product names, slogans/taglines, logos are all trademarks. If you intend on investing in these as "brands" conducting the proper trademark due diligence would be required before you make your state/county filings and certainly before you start spending any money promoting them. I will link you to some helpful general trademark info below. Most lawyers here, including myself, offer...

Hi, The chances the you will be sucked into an infringement action are probably slim, but this does not mean you have a legal right to do what you are doing. And if you are for example advertising and have a website offering the serivce you may hear from someone's attorney. I don't want to use the tattoo example becuse it is such a nuanced case and not really the same here. If you, as the owner of a football jersey wanted to emboss it with some NFL trademark well you can do whatever...