Nicholas Duane Myers’s Answers

Nicholas Duane Myers

Irvine Intellectual Property Law Attorney.

Contributor Level 7
  1. Am i at risk for being sued by using sexipedia.com domain and brand name "sexipedia"? i am worried expedia.com might try to sue

    Answered over 2 years ago.

    1. Nicholas Duane Myers
    2. Mario Sergio Golab
    3. Michael Charles Doland
    4. Michael Alan Shimokaji
    5. James Juo
    6. ···
    7 lawyer answers

    Your question seems to hinge around trademark law and whether your domain would infringe upon the trademark rights of expedia.com. When analyzing infringement, courts look at likelihood of confusion, meaning whether consumers are likely to be confused into believing that the products of one company are offered by or affiliated with another company (in your case, whether expedia.com is the owner of or affiliated with sexipedia.com). Throughout the Ninth Circuit, of which California is a part,...

    9 lawyers agreed with this answer

  2. I was sued in federal court for trademark infringement for the website i have taken out, is this case civil or criminal?

    Answered over 2 years ago.

    1. Andrew Kevin Jacobson
    2. James Juo
    3. Bruce E. Burdick
    4. Nicholas Duane Myers
    5. William Charles Sipio
    6. ···
    7 lawyer answers

    In all likelihood, this is a civil matter since you make no mention of having been arrested. If the Plaintiff is another person or is a business, then in all likelihood it is a civil matter. To be absolutely sure, look at the causes of action listed on the Complaint and see if they are based upon civil rather than criminal codes/law. Best of luck.

    8 lawyers agreed with this answer

  3. Does the retainer fee go toward your case when you hire an attorney? what the retainer fee really mean?

    Answered over 2 years ago.

    1. Charles Richard Perry
    2. Thomas Anthony Schaeffer
    3. Frank Wei-Hong Chen
    4. Robert Pecco Baker
    5. James Carl Eschen III
    6. ···
    8 lawyer answers

    It is a deposit to be applied toward future services which the attorney should provide an invoice for, showing the fees incurred and application of the retainer toward those fees.

    6 lawyers agreed with this answer

  4. Spoke with several attorneys and received mixed opinions on Startup entity formation and what it would protect us against. WHY??

    Answered over 2 years ago.

    1. Michael Raymond Daymude
    2. Jeff Hoang Pham
    3. Paul Bradley Schroeder
    4. Nicholas Duane Myers
    5. Douglass S Lodmell
    6. ···
    6 lawyer answers

    If you have a properly formed LLC or corporation and properly maintain (make rquired filings, etc.) and properly operate the company (maintain company bank accounts separate and apart from personal accounts, don't use company assets for personal matters, etc.), then you will not be personally liable for liabilities of the company. In order to make sure your company operates correctly and maintains these protections, it is a good idea to consult with an attorney.

    5 lawyers agreed with this answer

  5. Relative to business structure, if personal privacy is my main concern, which type should I choose?

    Answered over 2 years ago.

    1. Nicholas Duane Myers
    2. Michael Charles Doland
    3. Jeff Hoang Pham
    3 lawyer answers

    The bottom line is that documents required to form any of the company structures you have mentioned are going to require at least some detail about you personally if you are going to be the owner of the company. However, with any of these structures, there are additional steps that you can take, such as establishing an alternate address from your home address so that you do not have to list it on certain documents. Comparing LLC's to corporations, in general the LLC requires less filings...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can I file a response to a civil lawsuit before I am served? I learned of the lawsuit and got a copy from the court.

    Answered over 2 years ago.

    1. Neil Pedersen
    2. Nicholas Duane Myers
    3. Jeffrey Bruce Gold
    3 lawyer answers

    There is nothing stopping you from filing an Answer to the Complaint before you are served. HOWEVER, you also have no obligation to file an Answer or other responsive pleading UNTIL you have been served. Plaintiffs sometimes dismiss their case before they ever serve a Defendant. So, it is possible that you may answer a Complaint that they would have otherwise dismissed. Plaintiffs also sometimes amend their Complaint prior to filing. So, you may file an Answer to the original Complaint and...

    4 lawyers agreed with this answer

  7. Hire lawyer just to file appearance and nothing more?

    Answered over 2 years ago.

    1. Neil Pedersen
    2. Paula Brown Sinclair
    3. John Joseph O'Brien
    4. Nicholas Duane Myers
    5. Carmine John Giardino
    5 lawyer answers

    Simply put, no. A corporation or LLC must be represented by an attorney through the entirety of a civil proceeeding. If the court becomes aware of the fact that the company is not represented, it will inform the company that it must retain counsel or be barred from proceeding in the litigation. You should retain an attorney to represent the company for the entirety of the the case.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can i copy right my lyrics to a beat that belongs to someone else

    Answered over 2 years ago.

    1. Nicholas Duane Myers
    2. J Scott Scarbrough
    3. Shirley Kim
    3 lawyer answers

    If you are the sole author of the lyrics, you are entitled to copyright protection in those lyrics, both in written and audio form. You may also be able to claim authorship on the arrangment/mixing of the beats, lyrics, etc. When you file a copyright application it give you options to claim certain parts of the work and disclaim ownership/rights in other parts. However, you should also be aware that the creators of the beats are likely entitled to protection of their work and, therefore,...

    3 lawyers agreed with this answer

  9. LLC Formation

    Answered over 2 years ago.

    1. Jeff Hoang Pham
    2. Michael Ross Lykken
    3. Eduardo Guillermo Sanchez
    4. Nicholas Duane Myers
    4 lawyer answers

    There are only two documents that must be recorded during the creation of an LLC in California: 1) the Articles of Organization, which are the first thing you file; and 2) the Statement of Information, which must be filed 90 days after formation of the LLC. You absolutely should have an Operating Agreement in place but it does not get recroded anywhere. Simply maintain it in a safe place so that you can refer to it as needed (since it should provide the basic parameters about how the LLC is...

    2 lawyers agreed with this answer

  10. What happens after a defendant answers an amended complaint

    Answered almost 4 years ago.

    1. Nicholas Duane Myers
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Once the defendant has answered the amended complaint, then the case will proceed to the discovery stage. The court will set a case mangement conference (if it has not already) where it will set forth the schedule for discovery with input from the parties. The discovery schedule is usllay tied to the trial date that the parties mutually agree upon.

    1 lawyer agreed with this answer