Michael Essien’s Answers

Michael Essien

Saint Paul Patent Application Attorney.

Contributor Level 9
  1. I am starting a small residential cleaning business, what is the correct business structure for avoid 1099 tax docs by clients?

    Answered over 1 year ago.

    1. Michael Essien
    2. Jeremy Judson Cobb
    3. Alicia Simone James
    3 lawyer answers

    You have some options to create either a single owner limited liability corporation (LLC), an S-Corp or an assumed name (DBA). None of these are to avoid taxation, although each has advantages and disadvantages. You may need an accountant, even if to help with regular bookkeeping as soon as you can afford one. If you are in business, think about your accountant and lawyer as you would a medical doctor for yourself - it is good to have one and visit him/her when things are going well. Prevention!

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Illustrating a Chanel bags or any branded item as blog header .

    Answered over 1 year ago.

    1. Michael Essien
    2. Maurice N Ross
    3. Bruce E. Burdick
    4. J Scott Scarbrough
    4 lawyer answers

    As a designer, your work or creativity is yours except where it can be shown that you did it as a work-for-hire (generally done for someone or entity for compensation). In most instances, you may be the one claiming creative ownership and along with that comes the risks and rewards. You can imagine that Chanel will be interested in such use. Bear in mind that using Chanel or any brand's illustration should not be used to confuse the consumer as to source or quality - that is likely to bring...

    Selected as best answer

  3. If I have an exclusive license to use a company's trademark on a product can that company use the same mark on the same product?

    Answered over 1 year ago.

    1. Michael Essien
    2. Aaron Craig Young
    3. Mario Sergio Golab
    4. Joseph Sampson Ford Jr
    5. Daniel Nathan Ballard
    5 lawyer answers

    You need to contact an experienced trademark or intellectual property attorney to help sort these issues out. It is difficult to determine the limits and bounds of your rights without looking at your agreement and sorting out what you have or can get.

    4 lawyers agreed with this answer

  4. Should I respond to this Infringement Letter? Screenshots added

    Answered about 1 year ago.

    1. Michael Essien
    2. Frank A. Natoli
    3. Bruce E. Burdick
    3 lawyer answers

    You should at least respond stating that you are not part of any group that may or may not have infringed. Ask for them to acknowledge your response and their agreement not to have you listed in the team. if this does not come back satisfactory to you, contact an intellectual property lawyer and ensure that a proper response is provided. You do not want to be on the short end of an infringement process.

    5 lawyers agreed with this answer

  5. Does anyone have a link or email address to the the U.S. Patent Office? I wanted to go online to get their application, but all

    Answered over 1 year ago.

    1. Edward D. Robinson
    2. Gerry J. Elman
    3. Sreenivasarao Vepachedu
    4. Michael Essien
    5. Bruce E. Burdick
    6. ···
    6 lawyer answers

    Make sure it is www.uspto.gov that you use instead of the many lookalikes out there. As with this or any other dealings with the Federal Government, the top level domain ".gov" provides confidence that you are dealing with the proper Federal Government entity. Good luck!

    5 lawyers agreed with this answer

  6. Is my software patentable? And can I file a provisional patent?

    Answered over 1 year ago.

    1. Michael Essien
    2. Maurice N Ross
    3. Bruce E. Burdick
    4. Daniel Nathan Ballard
    5. Dariush G. Adli
    5 lawyer answers

    Software patents are feasible, but you have to meet the requirements for patentability. Patent laws are changing in a few days - leaning towards a first to file instead of a first to invent as was the case. You can file a provisional application as you can with a physical invention. You need to contact a patent attorney to clear up the specifics for your invention. In some instances, information in the public domain may not be patentable, barring some exceptions. Given your vague...

    5 lawyers agreed with this answer

  7. I thought of a domain name. I came across a domain that shares one of the two words in the name. Am I infringing?

    Answered over 1 year ago.

    1. Michael Essien
    2. Kerry Blasingim
    3. Kevin Andrew Thompson
    4. Frank A. Natoli
    4 lawyer answers

    As the comments discuss, a website does not amount to a trademark. However, there are some websites that have become so recognizable that they have gained what is termed secondary meaning, implying that when you see it - you obviously relate to the 'brand.' As an example, "Amazon.com" is a website address that is now a registered trademark. In most cases, you can register your domain name, even with a letter difference. You should note that acts that are or tend to confuse the consumer...

    Selected as best answer

  8. I see that "know-how" can be a donated intellectual property. How is "know-how" defined for this purpose?

    Answered 8 months ago.

    1. Michael Essien
    2. Bruce E. Burdick
    3. Maurice N Ross
    4. Tricia Dwyer
    4 lawyer answers

    You are trying to define or quantify something intangible. I am not sure what you would deem "know how" or for what intent. Patents, Trademarks and other Intellectual property can be valuated for intended purposes; unless your "know how" is a trade secret which can be evaluated. Since your question leaves much to be disclosed, I advise you to contact an Intellectual Property attorney to provide more details. If you meant "goodwill," know too that this is murky and should meet standards that...

    3 lawyers agreed with this answer

  9. What is the correct way to share an idea or proposal with a company for a new product while protecting your rights?

    Answered about 1 year ago.

    1. Michael Essien
    2. Bruce E. Burdick
    3. Lucas Seth Michels
    3 lawyer answers

    A good starting point is having a nondisclosure agreement that all parties sign prior to disclosure. Sometimes, the company needs to know that yours is a pertinent idea/invention before entertaining the discussion. You want to navigate this opportunity carefully, understanding that your rights early in the process. Your invention (ideas are not protectable) may need to be protected by having an intellectual property attorney file a provisional patent application prior to your disclosure to...

    3 lawyers agreed with this answer

  10. Can I add people to the copyright certificate later?

    Answered about 1 year ago.

    1. Michael Essien
    2. Daniel Nathan Ballard
    2 lawyer answers

    You may be able to add co-creators to the list later but why would you not include all the parties to a copyrightable work when you file for registration? It seems to be an unnecessary headache to omit something you know you need. If it is a new registration, either because it is a derivative of the original or a fresh creation, then the owners have changed and you do not need to use the original filing.

    Selected as best answer