Skip to main content
Steven Grant Hill

Steven Hill’s Answers

15 total


  • Hi, attorney fees, went before judge, lost. my x recieved attorney fees because she prevailed. I appealed, and won.

    case went back to judge. I asked for fees . judge said no. Is this discrimination.

    Steven’s Answer

    Generally no. Whether to award fees is a matter that resides in the judge's sound trial discretion. Most state statutes have some guiding prerequisites that the judge must find before fees can be assessed. For example, in Georgia, where I practice, fees cannot be awarded in conjunction with a motion unless the motion is determined to be frivolous. So it's possible that in your situation, the judge thought that your ex's arguments, while unsuccessful, were not frivolous or were made in good faith. In most states, that type of finding would defeat a claim for fees unless fees must be awarded to the prevailing party under the state or federal law in question.

    See question 
  • Trademark rights EU/US

    Hello! I am having a registered trademark within the EU (2011) for a small online gaming project, which I have created privately.In the US there is a company with a product of the same type and the same name (still completly different logo). Th...

    Steven’s Answer

    In the US, the answer probably depends upon whether you were using your product trademark prior to the issuance of their registration certificate. If they had a registered trademark in 2008 and you were not yet using your mark in interstate commerce, you would be vulnerable in the event the two trademarks are sufficiently similar to cause a likelihood of consumer confusion. On the other hand, if you were using the mark for your product prior to 2008, you may have protection in certain geographic areas where you are the "senior user" and the registrant is the "junior user."

    See question 
  • I have created a character should I just copyright him...

    I am writing a new novel, and I have created a new character should I just copyright his name and like the bio of him that I made?

    Steven’s Answer

    Clients often confuse the difference between copyright and registration of copyright. Once you have created a work of authorship in a tangible or fixed medium, such as a book or short story, copyright protection inheres in the work as a matter of law. That means even if you do not run out and immediately register your work with the copyright office, you still can claim (C) All rights reserved on your work. Registration is only required as a prerequisite to bringing a copyright infringement lawsuit. Still, depending upon the circumstances, there can be some advantages to early registration of copyright claims.

    See question 
  • I have created a character should I just copyright him...

    I am writing a new novel, and I have created a new character should I just copyright his name and like the bio of him that I made?

    Steven’s Answer

    Clients often confuse the difference between copyright and registration of copyright. Once you have created a work of authorship in a tangible or fixed medium, such as a book or short story, copyright protection inheres in the work as a matter of law. That means even if you do not run out and immediately register your work with the copyright office, you still can claim (C) All rights reserved on your work. Registration is only required as a prerequisite to bringing a copyright infringement lawsuit. Still, depending upon the circumstances, there can be some advantages to early registration of copyright claims.

    See question 
  • Book Question.....

    I have a book selling on Amazon.com within the top 100 of its own category. Am I a best seller?

    Steven’s Answer

    No.

    See question