Your suspicions are completely correct. Worse, the indemnification of others is only good as their assets and their willingness to provide a defense. Since the copyright to the other videos was established at their creation, whether or not the authors filed for copyright registration, you would need a consent or a license to use them under the circumstances you describe above. A lawyer for the business would help all concerned.
The criterion is liklihood of confusion which is a subjective standard. Reasonable minds might differ as to whether your marks are likely to be confused, but the case would not be dismissed as a matter of law. You may wish to negotiate, you may wish to change your name, you should certainly speak with a trademark attorney who can give you personalized advice.
California Code of Civil Prcedure section 664.6 allows a court to enforce a settlement agreement made in writing signed by the parties outside the presence of the court Many of these agreements have a provision stating that they cannot be revoked once signed. Without a review of the agreement, analysis on this and potentially related matters is impossible. Not knowing the details of the defendant's arguments or evidence also limits analysis. You should certainly phone your existing attorney to...
The analysis of Mr. Chen is correct - there is no way around the LLC requiring an attorney to make an appearance in Court.
If you have overpaid by $72,000 you may be able to find an attorney who will take the matter on a contingent fee. In order to interest an attorney for a oontingent fee, make sure you put your entire version of the story in writing and assemble every document you think might be evidence.
Time is of the essence in moving. Start looking this weekend. Search San Diego and...
Different attorneys have different "styles". Some file immediately while the plaintiff(s) are still obtaining medical treatment and issues involving liability are being investigated. Others prefer to wait until they are in both a better position to file knowing hte facts and legal theories. The only rule is that not attorney wants to get "too close" to the statute of limitations so as not to lose the clients' rights.
The specific structure of the company does not matter. Use in commerce for trademarks or the filing date for intent to use trademarks, and originality for both types of trademarks, is of greater importance.