Philip Leon Marcus’s Answers

Philip Leon Marcus

Beaverton Trademark Application Attorney.

Contributor Level 16
  1. I need advice about Getty Images.

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. Philip Leon Marcus
    3. Andrew Kevin Jacobson
    4. Terry Lynn Thomas
    5. Daniel Nathan Ballard
    5 lawyer answers

    As other counsel have said, wehn you post a website it is open to the world, like a big sign in front of your house, visible from the street. For you the questions should be whether you should pay these folks or put up a fuss. Much depends on what you were told by the folks who sold you your domain name about the alleged free images. There are also other defenses against Getty. But do not feel picked on. They go after anyone they can find. Talk with a lawyer. I actually have had some...

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  2. Am I in danger of being sured for copyright infringment?

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Philip Leon Marcus
    3. Clifford D. Hyra
    4. Mario Sergio Golab
    4 lawyer answers

    As another attorney has said, you are correct to be concerned. You would be the one to stand in front, so to speak, because you would be the one actually creating this composition. One could argue that each of your uses of other peoples' work was a 'fair use". Still, that and about four bucks will get you a coffee at Starbucks[tm]. The better tack would be to create a parody of each such video, although that is still not free of danger. While I normally recommend seeking a license from...

    13 lawyers agreed with this answer

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  3. Hello, I am wondering about selling counterfeit sunglasses on the street.

    Answered over 1 year ago.

    1. Philip Leon Marcus
    2. Tudor F Capusan
    3. Michael Charles Doland
    4. Kerry Blasingim
    5. Kambiz Tom Kohan
    6. ···
    8 lawyer answers

    This is a joke, right? You just called them counterfeit and that is what they are. Minor changes in spelling do not defeat the "likelihood of confusion," and they will throw your butt in jail. Find honest work.

    12 lawyers agreed with this answer

  4. How do I find sub categories of goods and services for trademarks?

    Answered about 2 years ago.

    1. Philip Leon Marcus
    2. Michael Charles Doland
    3. William Leroy Montague Jr.
    4. Pamela Koslyn
    5. Richard Straussman
    6. ···
    6 lawyer answers

    Candidly, if you are asking a question at that level you are probably not ready to do your own TM application, any more than your own surgery, and should hire a TM lawyer. It is much cheaper to avoid mistakes than correct them. 021 and 023 are no longer relevant for new applications, only the 009 IC, but you also need to choose items in the class. And properly describe the logo, and search to make sure no-one already has it or one confusingly similar. Please read the essay at the link I...

    12 lawyers agreed with this answer

  5. I have jeans that i have created. can i put my brand name on them even if it is not registered?

    Answered about 2 years ago.

    1. Philip Leon Marcus
    2. Mario Sergio Golab
    3. Michael Charles Doland
    4. Mark Joseph Guay
    5. Maurice N Ross
    6. ···
    6 lawyer answers

    In general the answer is yes, with a caution. No law requires registration. It is beneficial, mostly bas warning to the world of "no trespassing." There are other benefits. You had better not try to build a brand with so little capital you cannot afford registration and an attorney to do it. The best way for a business to crash and burn is and always has been to start with too little capital. In fact, please do not choose a brand without consultation while you choose with a TM...

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  6. If a company has an issue with someone possibly using their trademark, would they not first send a cease and desist letter first

    Answered about 1 year ago.

    1. Aaron B. Kendal
    2. Philip Leon Marcus
    3. Bruce E. Burdick
    4. Benjamin Karl Erlick
    4 lawyer answers

    Beyond the point, a correct one, that a CDL is not a legal prerequisite to a suit, the CDL itself can and often does include a demand for a money payment.

    11 lawyers agreed with this answer

  7. I want to print "Porsche" on a Shirt. Nothing else, in a standard font. For sale as a shirt not a porsche shirt. Any Issue?

    Answered about 1 year ago.

    1. Philip Leon Marcus
    2. L. Maxwell Taylor
    3. Bruce E. Burdick
    4. Tricia Dwyer
    5. Brad S. Margolis
    6. ···
    8 lawyer answers

    Without research I do not know whether these brands have been registered for t-shirts and other apparel. But likely so. And so you will be infringing. How many and how much profit will only affect how much money you will need to pay them. Do not do this.

    11 lawyers agreed with this answer

  8. I have registered a copyright but I have not put "Inc" in the name of the copyright holder. Will this be an issue?

    Answered over 2 years ago.

    1. Philip Leon Marcus
    2. John E. Whitaker
    3. Mario Sergio Golab
    4. Maurice N Ross
    5. Bruce E. Burdick
    5 lawyer answers

    The Copyright Office has on its website a form CA to correct or amplify a previously issued certificate for just this type of case. There is a fee. Authority to correct or amplify is in Title 27, sec 408(d)

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Does it count as Fair Use to have 10 seconds of someone poorly singing a song as karaoke within a TV Show?

    Answered over 2 years ago.

    1. Ivan Jose Parron
    2. Philip Leon Marcus
    3. Gordon Philip Firemark
    4. Mario Sergio Golab
    5. Marc Jacobson
    6. ···
    8 lawyer answers

    While I agree with my brother counsel that "fair use" is hard to define, I think theer is a thread of interpreatiuon that commercial use as opposed to academic use (comment and criticism, even a book that is to be sold) is a rough divider. Your use is clearly commercial, not a commentary on this karaoke or karaoke in general. If this pilot leads to a major production deal it might be said that all your profits came from using this badly sung rap. You want to take that chance? Get a clearance,...

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  10. A company is threatening to cancel our trademark because it is generic?

    Answered about 1 year ago.

    1. Daniel Nathan Ballard
    2. Bruce E. Burdick
    3. Gerry J. Elman
    4. Philip Leon Marcus
    5. Elizabeth Jami Oliner
    6. ···
    6 lawyer answers

    Being that you are five years post-registration, there are two forms you may want to file with the USPTO. One is a “section 8 affidavit,” that states you are continuing to us the mark and are thus entitled to renewal. You must file between fifth and sixth anniversaries of registration or lose it. The other is a “section 15” affidavit that asserts under oath that your use in a specified class has been continuous for five years. It gives you “incontestability” except under a few narrow...

    10 lawyers agreed with this answer