Philip Leon Marcus’s Answers

Philip Leon Marcus

Beaverton Trademark Application Attorney.

Contributor Level 16
  1. How do I contact copyright infringement LLC without opening myself to them knowing who I am. Notified by cable co, so far.

    Answered about 2 years ago.

    1. John E. Whitaker
    2. Philip Leon Marcus
    3. Wade Neal
    4. Ray Beckerman
    5. Bruce E. Burdick
    5 lawyer answers

    John W is correct. Counsel can negotiate a deal for you, and only at the end, when it is time for a release to be drawn, is it necessary to reveal your identity as the person being released.

    10 lawyers agreed with this answer

  2. If my songs get signed to a standard non-exclusive licensing agreement, can I continue to pitch those songs to artists?

    Answered over 1 year ago.

    1. J Scott Scarbrough
    2. Philip Leon Marcus
    3. Ivan Jose Parron
    4. Sean Allen Goodman
    5. Bruce E. Burdick
    6. ···
    7 lawyer answers

    First, there is no such thing as a "standard" agreement. There may be and often are standards for a given laqrge compnay that does not want to negotiate chnages, but you had still better have an attorney look at the deal to make sure you are not being pole-axed, or at least not too much. Second, being non-exclusive, any sub-license is alslo not exclusive and there is no reason to de-list the song. Let tons of artists cover the song. Why not?

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Intellectual property advice

    Answered over 2 years ago.

    1. Philip Leon Marcus
    2. John E. Whitaker
    3. Michael Charles Doland
    4. John Warwick Caldwell
    5. Maurice N Ross
    6. ···
    7 lawyer answers

    The short answer is that in no case is any attorney engaging in an attorney client relationship, nor in fact offering legal advice. Most attorneys on Avvo add an automatic tag line to this effect. It is closer to standing in front of an audience and giving general interpretations. A longer answer, at least for these three areas is that the three areas are controlled by federal law, not local law--three different parts of the U S Code, which Congress controls. So familiarity with local...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Change of name in a contact, is the contract still valid?

    Answered over 1 year ago.

    1. Philip Leon Marcus
    2. Thomas C Valkenet
    3. David Lynn Morehous
    3 lawyer answers

    This sounds like a home-brew Note. There might be all kinds of wrinkles, some good for you and some not. If there is substantial money involved, yours personally, it seems worthwhile to have a MD attorney look at it and analyze all the consequences. It will likely cost you less than you think.

    Selected as best answer

  5. I am an singer/songwriter and agreed to do a music video with a director/producer. He is now refusing to give me the video.

    Answered over 1 year ago.

    1. Philip Leon Marcus
    2. David Raymond Mahood
    3. Gergana Hristova Miteva
    4. Marc Jacobson
    5. Bruce E. Burdick
    5 lawyer answers

    So, the take-home is always get all agreements in writing, b/c people forget quickly what they agreed. So, if anyone else can testify first hand what you two agreed then you can point out to him what he agreed an that actually you did have contract, an oral one, and it is enforceable because it was to be completed within a year. If you wrote the script of the video and the song then you have copyrights on both, and can sue him for infringement if he uses the video; tell him that. Alas,...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can I Trademark a Sentence in Literature?

    Answered about 1 year ago.

    1. Andrew Endicott Schrafel
    2. Philip Leon Marcus
    3. Brian Kenneth Dinicola
    4. Frank Anthony Natoli
    5. Maurice N Ross
    6. ···
    6 lawyer answers

    The only way to register a mark is to use it in commerce to mark or brand a product or service. Nor can you register a copyright on a single sentence. Finally, copying one sentence from a poem is an infringement. BTW, next time you write a poem or a collection, register at copyright.gov. Many advantages.

    9 lawyers agreed with this answer

  7. Can i register an expired trademark?

    Answered about 1 year ago.

    1. Philip Leon Marcus
    2. Gerry J. Elman
    3. David Wade Barman
    4. Mario Sergio Golab
    5. Elizabeth Jami Oliner
    6. ···
    6 lawyer answers

    Three years of non-use creates a presumption of abandonment. But that is not the same as the registration becoming dead—not automatically unless a renewal deadline is missed. Also, you cannot just succeed to the registration. You may need to petition to cancel the existing reg., and then apply in your own right, showing use and clearance. Before you invest in the mark, invest a few bucks—most likely less—on a conversation in confidence with a TM lawyer.

    9 lawyers agreed with this answer

  8. Can I use my logo while the trademark with the USPTO is pending approval?

    Answered over 1 year ago.

    1. Michael Alan Shimokaji
    2. Daniel Nathan Ballard
    3. Philip Leon Marcus
    4. Bruce E. Burdick
    5. Dorian L Jackson
    6. ···
    8 lawyer answers

    No USPTO registration is ever needed to use a logo. The risk is in using it without making sure it does not create a likelihood of confusion with another, prior, user of a similar logo in a similar line of business. The concepts of confusion and similarity are not easily defined, and that is one reason why one should consult a professional who is experienced working with these matters. Also, a logo alone is far weaker in itself not being copied by someone else than a logo with an...

    9 lawyers agreed with this answer

  9. About the Disney princess image

    Answered almost 2 years ago.

    1. Philip Leon Marcus
    2. Daniel Nathan Ballard
    3. Gerry J. Elman
    4. Maurice N Ross
    5. Bruce E. Burdick
    5 lawyer answers

    Your question is confusingly written. You really want to put a _picture_ of Cinderella on a crown, no name, correct. And you are going to get the picture from a Disney site, yes? No, that is almost certainly a copyright violation at the least--some Disney artist drew it and they own it. They may also have registered the picture as a trademark, another violation. But ... if you draw or have someone draw a Cinderella from scratch.... You can name it Cinderella if you would like. The...

    9 lawyers agreed with this answer

  10. Is it legal to identify an adult competitor in a video for YouTube of an event at an amateur sporting event?

    Answered about 1 year ago.

    1. Philip Leon Marcus
    2. Michael Lewis Marley
    3. J. Thomas Smith Ph.D.
    4. Daniel Nathan Ballard
    4 lawyer answers

    In general one may videograph participants in a public sporting event with no fear. The only caution is to handle it journalistically as would a TV station.

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