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Pamela Koslyn

Pamela Koslyn’s Answers

26,357 total

  • Trade Mark/ Patent Name or Intellectual Property of my Company

    Hi Folks, iv'e just started my business in UAE but just got shocked that the same business name is already registered and running in USA. it provides same services which is online media & marketing services. i am confused that its a same...

    Pamela’s Answer

    Please see my answer to your other similar question. In this case you may be referring to a state corporate name, which is not a trademark. But regardless of your terminology, you need to see an IP lawyer in the UAE.

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  • Trade Mark

    Hi Folks, iv'e just started my business in UAE but just got shocked that the same trademark is already registered and running in USA. it provides same services which is online media & marketing services. i am confused that its a same tra...

    Pamela’s Answer

    Trademark conflicts and infringement arise when consumers are likely to be confused. Consumers don't have to ACTUALLY be confused, and the trademarks at issue don't have to IDENTICAL for this LIKELIHOOD of confusion to exist. Here you state that the trademarks are the same and the services are the same, but the logo is different. That would still result in consumers being likely to be confused.

    Trademarks are territorial, and just as each state has its own laws, so do the various countries. "Online media & marketing" is by its nature worldwide.

    As my colleague noted, starting a business with a trademark that has not been cleared is dangerous, and that's apparently what you've done. This site is for U.S. users and U.S. lawyers, so you're going to need to consult a lawyer in the UAE. They can examine who the "senior" and "junior" user is and in which territories and provide you with advice.

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  • Do I have a case on the following????

    My granddaughters photo's were used in a magazine with out permission. Photo's were taken here in the U S and the company is located in England.....

    Pamela’s Answer

    You don't have a case unless you're your granddaughter's legal guardian.

    Your granddaughter (or her legal guardian, depending on her age), may have a claim, but it depends entirely on who took the photos and what the use was.

    You sued the phrase "my grandaughter's photos." Does that mean she TOOK them or WAS IN them? The threshold question of "authorship" is based on copyright law. A photographer owns their own photos, and if your granddaughter took these photos, she should consult a copyright lawyer ASAP. Copyright law is federal, and a lawyer licensed in any state can help.

    But if you meant that SOMEONE ELSE took the photos and your granddaughter's image was portrayed IN them, than it's not a copyright issue and may instead be a misappropriation of likeness issue.

    As for use, if your granddaughter was in PUBLIC when the photos were taken and the use was, for example, an article describing uses of a public park, and she was not recognizable, she'd have no expectation of privacy and probably no claim, but if the use was an ADVERTISEMENT of a product and your granddaughter was shown as if endorsing the product, then she'd have a claim.

    Your granddaughter (or her legal guardian) should consult a lawyer about these questions ASAP.

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  • Is there a year limit to the statute of limitations for intellectual property law?

    I am contemplating the publishing of a short story that is comprised of numerous quotes from personnel that were affiliated with the same firm I retired from in 1998. The quotes are from the years 1994 and 1995 and focus on a comical situation inv...

    Pamela’s Answer

    Statutes of limitations run from date of occurance (of the wrong, which in your case means when you publish), not from the date the event happened. And each statute runs according to the cause of action/claim you're sued for.

    Forget about those legalities.

    What about the practicalities? There's no way, unless you've got an audio or video tape, you'd be able to generate an accurate quote attributable to anyone from 20 years ago. So you're going to be making up these "quotes" from your memory anyway, and making them funnier then they were, so why not just fictionalize the whole thing, and make up whatever "quotes" you want, make up whatever situations you want, make up names of the personnel, and make up a firm name and location? Maybe this merits more than a short story and there's a whole novel here. . . .

    As my colleagues have noted, defamation/false light claims etc. could still arise if someone's recognizable, and you'd want to make sure this story gets properly registered for a copyright, so you're best off having your story "vetted" by your own IP counsel and registered with the U.S. Copyright Office before you publish.

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  • As a witness , can i ask for legal representation?

    My corp was subpoena for documents of mu employee. As the custodian of records, i also need to go to testify. If they ask me questions irrelevant to his income (child support issue) can i ask for an attorney to help me? Can i also ask for the pers...

    Pamela’s Answer

    The subpoenaing party only needs to pay your appearance fee and mileage, not for a lawyer for you
    Has your employer corporation refused to get you your own (or their lawyer)? If you are an officer or director of the corporation, the corp's Bylaws may provide that they're obligated to indemnify you, which may mean pay for your own lawyer for something like this.

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  • How can I find a copyright lawyer?

    I need a copyright lawyer on some issue about some of our publication.

    Pamela’s Answer

    • Selected as best answer

    Use Avvo's search function for a lawyer whose practice includes copyrights (often called intellectual property). Copyright law is federal, so any IP lawyer anywhere should be able to help you.

    If you also have questions about contracts, that's governed by your state's law (assuming the contracts at issue say which state controls them), so then you need a lawyer that's licensed in that state.

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  • How many songs can I copyright into one single catalog online?

    If I want to copyright various songs at once.

    Pamela’s Answer

    • Selected as best answer

    There are 2 copyrights in each song, one for the musical composition (words & music) and another for the sound recording (the mp3 file or CD). Often the recording is registered ("copyright" is a noun, not a verb) as a whole, with many recorded tracks on a single CD, but the compositions are usually registered individually.

    If you're self-publishing and you want to collect "performance" royalties from use of your songs on TV, the radio, or in films, you also need to register as both a songwriter and as a publisher with ASCAP, BMI or SESAC.

    Music law is complicated, and there are many revenue streams. Get yourself a lawyer for help.

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  • Can school personnel take your belongings for disrupting class

    Can school people take your stuff without breaking any laws

    Pamela’s Answer

    Schools and their personnel are "in loco parentis," meaning they're allowed to act like your parents when you're in school to protect the school's interest.

    You were disrupting class, and school personnel have the right to enforce discipline and school rules, and you're a student without all the rights an adult would have.

    This is something to work out with the school personnel, and they will get all the benefit of any doubt.

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  • I'm signing my final settlement agreement and I was wondering if I should have a third party look at my contract?

    i was in a car accident and hired a lawyer. My case got serious and I was introduced to a trial lawyer, who I hired. It's been three years and on my final paper I saw that the trial lawyer tried to overcharge me by 7 %. The office claimed it was a...

    Pamela’s Answer

    The time crunch is in your head. You need to take the time to do this right. You've waited 3 years to get this done, so don't rush into a signature that you can't take back. OF COURSE you should get anything you're about to sign reviewed. I know it's a slog because you've had 2 lawyers already and didn't like the 1st one enough to keep them and have reason to distrust the 2nd one, but you must make sure you agree with this settlement agreement BEFORE you sign it, or have the appropriate changes made.

    Either have the 2nd current lawyer explain everything in detail to you until you're satisfied, or hire a 3rd lawyer. If it's any comfort, this 2nd lawyer is on the hook for malpractice if they screw up, but you still have an incentive to avoid any screw up by getting a complete explanation. I suggest an in-person meeting with lawyer #2, and get their consent to audio record the meeting so you can review the recording later if you need to.

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  • Do I need to have people sign an Independent Contractor/Partnership Agreement? How do we classify unpaid contributing artists?

    I am part of a group of artists, (writers, graphic artists, animator, etc) who are collaborating without expectation of pay, toward a single animated film. All persons involved are expected 0 compensation, we do not have funds to pay anyone, and t...

    Pamela’s Answer

    Not sure why you're asking about protecting artist's work --they;re not going to be the co-owners of the finished work, are they? Are YOU going to be the owner of the finished work, and are you the one that's going to apply for copyright registration for this film? If so, you're the "employer," and you need contracts with each and every one of the contributors so the ownership is vested in 1 owner.

    Same thing goes if the owner is a "studio" formed by this loose association of collaborators.

    The time to sort of ownership is now, before the work is done, and there's money/credit/control to fight over.

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