Robert Philip Cogan's Answers

Robert Philip Cogan
San Diego Intellectual Property Law Attorney.
Contributor Level 9

2

Attorney answers:

  1. Robert Philip Cogan
  2. Scott Richard Kaufman

Can an employer force me to sign an amendment to a patent agreement that was originally signed several years ago? Recourse?

Asked by a user in Malibu, CA - 3 months ago.

Of course there could be other facts involved. However, It appears that the answer is, "Yes." You can't be forced to sign anything. However, patent agreements are usually signed "in consideration of continued employment." It may not be constructive to get upset before knowing the possible consequences. Imprecisely stated for the sake of brevity, amendment to the agreement in view of Stanford v. Roche doesn't make any change to your situation. The case, in my view, just requires employers to be...

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Attorney answers:

  1. Frank Wei-Hong Chen
  2. Robert Philip Cogan

Can i sue the USPS ?

Asked by a user in Richmond, CA - 3 months ago.

"Can I sue"? is an interesting question. In America, the answer is usually, "Yes." A better question may be, "Is it worth it to sue"? Consider what you would collect if you "won." Consider what it would cost you to "win." Usually the cost is greater than the possible recovery. This is often unjust, but that's how it goes. Counsel's suggestion above regarding the administrative procedure is sound.

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3

Attorney answers:

  1. Michael Charles Doland
  2. Robert Philip Cogan
  3. Frank Wei-Hong Chen

How long a time period is " upon Publisher's acceptance?"

Asked by a user in Palm Springs, CA - 4 months ago.

"Upon Publisher's acceptance" means upon publisher's acceptance. Maybe the contract says there is a time limit; maybe it does not. This is one reason why it is a very good idea to read contracts before you sign them. Sometimes what is not in the contract is just as important as something that is in the contract. That is why successful businesses consult attorneys.

1 lawyer agreed with this answer

2

Attorney answers:

  1. Pamela Koslyn
  2. Robert Philip Cogan

Can I use a film character's name as homage in my short film?

Asked by a user in Los Angeles, CA - over 1 year ago.

"Will the studio send me a letter . . ." The business aspects warrant consideration as well as the legal aspects. In many cases, this depends on personalities of the owners of the rights and the amount of money involved. Find out who the copyright owner is. Many copyright owners have reputations as either being reasonable or as being unreasonably aggressive. One major entertainment company sends Internet "take-down" notices and threatens copyright litigation at the slightest provocation....

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4

Attorney answers:

  1. Robert Philip Cogan
  2. Pamela Koslyn
  3. Daniel Nathan Ballard
  4. Maurice N Ross

Fair Use of trademarks

Asked by a user in Los Angeles, CA - over 1 year ago.

Your question really does not specify what you want to do. However, we can get some perspective from experience in the market. If a person puts a Starbucks logo on a T-shirt and tries to sell it, they can pretty much count on getting at least a "cease and desist" letter from Starbucks. Quite possibly they will be sued. I'm not sure what you mean by "use a registered trademark and acknowledge it." It would seem as though someone who did that is declaring to the world that they infringed. At...

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3

Attorney answers:

  1. Daniel Nathan Ballard
  2. Robert Philip Cogan
  3. Maurice N Ross

Trademark infringement for printing a media logo in a newspaper ad?

Asked by a user in Seattle, WA - 9 months ago.

"My reading of the Lanham Act"??? We have an entire judicial system in which lawyers on oppositie sides of a case each urge the court to accept a different reading. Each lawyer cites legal precedent. Then the judge and her or his clerks study prior decisions and their readings of the law. Often, a very detailed opinion is written explaining why, in view of the law and prior interpretations, the court is creating its own reading. The fact that your reading may make sense is not particularly...

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3

Attorney answers:

  1. Robert John Murillo
  2. Robert Philip Cogan
  3. Jonathan B. Lefkowitz

Are there any laws to protect an employee fired by an incompetent company that is contracted by the government?

Asked by a user in Desoto, TX - 3 months ago.

Based on the facts presented, this does not appear to be a government contracts question. However, it is good that you included the fact that the employer was a government contractor. You never know which details will make a big difference.

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Attorney answers:

  1. Molly Cristin Hansen
  2. Erach Farrokh Screwvala
  3. Robert Philip Cogan

I want to use 30 seconds of a track from a DJ at the beginning and end of my video blog interviews. Do I need to pay him?

Asked by a user in Manhattan Beach, CA - 4 months ago.

It sounds like you had a pretty good inkling of the answer before you posted your question. It is to your credit that you chose to get clarification here. If you copy from a work and use it in tact in your work, it is difficult to see how that would not be covered by someone's rights. Fair use relates to the nature of the use, e.g., commenting on the work in a reivew. A fair use in not established simply from the number of seconds of sound or number of words that are copied.

2

Attorney answers:

  1. Sanaz Farkhad
  2. Robert Philip Cogan

Can my girlfriend & i move out of state & take her daughter while her daughters father disagrees?

Asked by a user in Tustin, CA - 4 months ago.

You say, "I want this to be the least painful for my partner & the child." That is good. But who is the judge of what is least painful? You are not. The other side is not the judge either. This is why we have courts.

3

Attorney answers:

  1. David Jon Pullman
  2. Harry Edward Hudson Jr
  3. Robert Philip Cogan

Am I going to jail

Asked by a user in Berkeley, CA - 4 months ago.

The last debtors' prison in the United States was closed a long time ago. People can still get arrested for fraud.