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Philip Leon Marcus

Philip Marcus’s Answers

943 total


  • My business is already established in the Maryland area but im looking to establish to NY, Atlanta and Orlando.

    My question is can i have someone invest in one of these areas and share profits with them for say our New York operation. I don't want them to share in profits from my Maryland area just for the area they will help me expand into. The reason is ...

    Philip’s Answer

    The law pretty much leaves such matters up to the people who make the deals so long as they express themselves clearly. That is where a lawyer can help....structuring the deal to fit your need. What you want can certainly be done. I would be happy to chat briefly about how for free.

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  • What happen if someone torrent stuff from different country?

    im wondering... can someone really can get in trouble when torrent stuff from different country from japan like japanese porn and stuff like that and the person is from the us... i know company nowadays is really serious about torrent main stream ...

    Philip’s Answer

    Ms Koslyn is probably correct about what will happen. But suits are underway now about US-made porn, not just about US-made family movies, probably more about porn.

    And your question asks what could happen.

    A Japanese film maker, whether porn or lousy comedy or mainstream Japanese family movie, could for little money ($35) register copyright in the US and then go after any Torrent downloader.

    Look, if you go 70 mph in a 60 probably nothing will happen. If you do it often enough you will get caught and it will cost you. That could happen.

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  • Can I get my porno movies taken off the internet

    I was 21 and did a Black Gay porno movie in Miami Florida. I am now 32 and it is causing me all kind of emotional and relationship problems????

    Philip’s Answer

    This is going to depend a lot on the contract you signed when you made the movie, e.g. how long the producer had permission to display it and how. It also depends on Florida law about privacy and publicity.

    The short of it is you need to find your copy of the contract and bring it to a FL attorney specializing in entertainment or privacy matters, which you can find here on AVVO. No free advice is going to be enough here. And your investment will pay off.

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  • How do I dispute charges from a storage facility and avoid it effecting my credit record?

    I contacted the storage on site office and stated I couldn't afford the unit due to unemployment benefits stopped and requested a lower rate if possible. I was told the manager would get back with me. However, no one called. I moved out bef...

    Philip’s Answer

    If you did leave stuff that was inconsistent with terminating. Read the contract. If you followed the termination procedure then write a letter to the company address on the contract and point that out. If they charged your credit card then dispute through the credit card company....in writing.

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  • My parents sold their business to another company and that company continues to use the family surname.

    The company that bought my parents' company continued to use the family name for over 20 years without monetary compensation for using the family name, even though they had a contract with the buyer. Unfortunately, my mother passed away 10 years ...

    Philip’s Answer

    Because family names are in common (how many Smiths, Williams and Jones do you suppose there are in TN alone?) they are not usually ‘strong’ trademarks and usually cannot be part of registered trademarks.

    If the family business were quite well known years ago then perhaps there is an argument that the name could nonetheless have become a trade name by ‘secondary meaning.’ If so, then the question would become whether the contract of sale two decades ago actually included the right to use the trade name. Even if not, the passage of so much time raises the likelihood that any legal right is barred by ‘laches,’ law-French for ‘inexcusable delays’ in doing something about it.

    You explore all the facts with a local TM lawyer but I would not be optimistic.

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  • Do i need a lawyer to help with a writ of mandanus

    vehicle was put in name illegally

    Philip’s Answer

    You definitely need a lawyer to deal with the car title. Whether mandamus is a good remedy is what you ask the lawyer. Normally mandamus is issued against officials, not private citizens.

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  • Is it common practice in a management agreement for a manager to have power to sign/endorse checks on behalf of artist?

    Would you recommend this to a new artist?

    Philip’s Answer

    Not unless the agent is opposite sex parent. Or the manager obtains and maintains a surety bond. I strongly recommend you hire an entertainment lawyer to review this agreement. It will not cost that much and may prevent a great deal of future trouble.

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  • Is it legal to sell a product that incorporates legally purchased trading cards.

    I want to sell a product that has a purchased trading card incorporated in it. The product could be described as a decorative item, and the front of the card would be visible. I was wondering if this is legal, or if I would be infringing on any...

    Philip’s Answer

    When you purchase the trading card you get two rights. The right to enjoy it and the right to sell that card. You do not get the right to make copies of that card. So the question is whether what you make is a creation or a derivation. Only the copyright holder can make a derivative.

    The federal courts are split on whether things like you plan are derivatives, so I am afraid you will need to get a lawyer (pay him/her) to give an opinion whether in your part of the country this is copyright infringement, possibly depending how much of the card is on one unit of product. (In my part of the country it is.)

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  • What is the law in Sioux City Iowa for playing music in the car?

    officer was investigating an accident down the street , I was playing my music at the level of `10. I do have bass speakers' and was charged with having loud music and interfering with a cops duty, I don't understand why. and was taken to jail

    Philip’s Answer

    If you were actually jailed then there is more than you are saying, and you certainly should not say it here in public (where anything you say can be used against you.) You must have some serious time threatening, for interfering, and you would do well to get a local criminal defense lawyer to work for you. Or just do the time.

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  • Can I use the American Airlines logo (and other logos) on handmade jewelry to sell privately and at craft shows?

    Would also like to sell to American flight attendents.

    Philip’s Answer

    AA's logo is so well known it has what the law calls secondary meaning. So you may not use it on anything for sale without a license. You can request a license and see what they say. Offer them a serious percent of revenue

    Of they are willing get a TM lawyer to go over the contract with you.

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