Alexander Patton Montgomery’s Answers

Alexander Patton Montgomery

Cincinnati Intellectual Property Law Attorney.

Contributor Level 8
  1. Looking for an attorney to do a basic copyright/trademark on a product.

    Answered 11 months ago.

    1. Alexander Patton Montgomery
    2. Michael Charles Doland
    3. Norton Russell Townsley
    4. Maurice N Ross
    5. Bruce E. Burdick
    6. ···
    7 lawyer answers

    A federal trademark registration certainly would maximize your legal protection in the use of your business name. I've attached a link to an article I wrote explaining some of these protections. Many attorneys here on Avvo, including myself, offer a free consultation to discuss the specifics of your application and the costs involved. Feel free to contact any of us. Alexander Montgomery Cornetet, Meyer, Rush & Kirzner, Co, LPA Cincinnati, OH amontgomery@cmrklaw.com

    11 lawyers agreed with this answer

  2. Is it legal for a father to interview his son for a position in the company?

    Answered 9 months ago.

    1. Alexander Patton Montgomery
    2. Mishka L Marshall
    3. Kevin H. Pate
    3 lawyer answers

    Business's have wide discretion as to who they hire. Therefore, unless the decision not to hire was due to the applicant's race, color, religion, sex, national origin, or age (if over 40), nothing illegal appears to have happened. It may not be a smart business decision to hire an unqualified family member over another qualified individual but, unless the hiring decision was based upon one of the factors I just listed, it is not illegal. Best of luck, Alexander Montgomery Cornetet,...

    5 lawyers agreed with this answer

  3. Can I be fired from my job without evidence??

    Answered over 1 year ago.

    1. Alexander Patton Montgomery
    2. Joann Leigh Pheasant
    2 lawyer answers

    The default rule in Ohio is that every employment relationship is "at-will." This means an employer may terminate an employee at any time, with or without notice, for any reason as long as that reason is not unlawful. An unlawful reason would include termination due to race, color, national origin, religion, gender, age, disability, etc. An employee, in turn, may leave his or her employment at any time, with or without prior notice to the employer. Unless your sister had an employment...

    Selected as best answer

  4. Copyright in my personal diary? if i was to lose my diary and how can I stop someone from publishing it?

    Answered over 1 year ago.

    1. L. Maxwell Taylor
    2. Alexander Patton Montgomery
    3. Daniel Nathan Ballard
    3 lawyer answers

    You most likely have a copyright in your personal diary. You obtain a copyright when you create an original work and fix that work in some form. An original work is one that is independently created by you and displays a minimum level of creativity. If your diary is independently created and displays a minimum level of creativity, you obtained a copyright as soon as you wrote the words down on paper. This would prevent others from publishing it. However, a prerequisite to filing a...

    5 lawyers agreed with this answer

  5. I will be publishing a memoir, in which I quote a 1965 radio commercial for a used car lot. Are there possible copyright issues?

    Answered 8 months ago.

    1. Daniel Nathan Ballard
    2. Alexander Patton Montgomery
    3. Bruce E. Burdick
    3 lawyer answers

    I agree with Mr. Ballard. Are there potential copyright issues? Maybe, given that a copyright attaches automatically to a fixed, creative, and original work. Copyright law, however, does not protect titles, names, slogans, and short phrases. Also, as Mr. Ballard suggested, the strength of your potential fair use defense is a significant deterrent to any attorney taking on a copyright infringement case against you. The risk of any copyright liability seems very low. As always, you can...

    3 lawyers agreed with this answer

  6. Is it legal in ohio for a temp staffing agency to cut your hourly pay to minimum wage if you are terminated?

    Answered over 1 year ago.

    1. Alexander Patton Montgomery
    2. Michael Lewis Eisner
    2 lawyer answers

    Do you mean that your employer changed your agreed upon wage for hours you had already worked? This is not permissible. In general, if you were an at-will employee, you are entitled to the wages and benefits you have earned at the agreed upon rate. Therefore, absent some employment contract, a prior notice that your wages were going to be reduced, or some faithless conduct on your part, you should be entitled to the full amount of wages that you earned prior to the time you quit. It is...

    3 lawyers agreed with this answer

  7. Can I sue former employer for being terminated for an incident that wasn't my fault

    Answered over 1 year ago.

    1. Alexander Patton Montgomery
    2. David Keith Greer
    2 lawyer answers

    The default rule in Ohio is that every employment relationship is "at-will." This means your employer may terminate you at any time, with or without notice, for any reason as long as that reason is not unlawful. An unlawful reason would include termination due to race, color, national origin, religion, gender, age, disability, etc. You, in turn, may leave your employment at any time, with or without prior notice to your employer. Unless you had an employment contract, your employment was...

    3 lawyers agreed with this answer

  8. If i make lots of prints from my original copyright photos. How will i know that the prints are protected with copyright too

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Alexander Patton Montgomery
    3. James Juo
    3 lawyer answers

    Your copies will still be protected. When you obtain a copyright in a work, you have the exclusive right to reproduce that work, distribute that work, display that work publicly, perform that work publicly, and prepare derivative works of the original. So, unless you give permission to someone else, you are the only person who may make a copy of your photos (subject to a fair use defense) and those photos are protected by the underlying copyright in the original work. See my article in the...

    4 lawyers agreed with this answer

  9. If a contract doesn't say they will seek damages if contract is not met can they seek damages if contract is not met

    Answered 7 months ago.

    1. Pearlette Vivian Toussant
    2. Christopher Daniel Leroi
    3. Alexander Patton Montgomery
    4. Jennifer L. Ellis
    5. Jonathan Daniel Sams
    5 lawyer answers

    My colleagues have provided some excellent answers on the general rules governing contracts. The answer to your specific question, however, will depend upon the terms of your contract and the facts and circumstances surrounding your situation. Don't discuss these on a public forum like this, but rather contact an attorney to which you can explain the situation in confidence.

    2 lawyers agreed with this answer

  10. Designed a graphic for a local clothing company/store. Was never paid for the design but they just recently printed it.

    Answered 9 months ago.

    1. Daniel Nathan Ballard
    2. Alexander Patton Montgomery
    3. Brian Kenneth Dinicola
    4. Bruce E. Burdick
    5. John A. Di Giacomo
    5 lawyer answers

    I think Mr. Ballard is correct. The easiest (and cheapest) way to resolve this issue is to contact the store owner by yourself. You may be able to come up with a favorable resolution on your own. If the store owner refuses to cooperate, contact a copyright attorney. Unless you assigned your copyright through a work for hire or other writing (or were an employee - which doesn't seem to be the case), you still own the copyright in your designs. Profits related to the infringement are one...

    2 lawyers agreed with this answer