Philip Leon Marcus’s Answers

Philip Leon Marcus

Beaverton Trademark Application Attorney.

Contributor Level 16
  1. To whom is "public domain" applicable?

    Answered over 2 years ago.

    1. Philip Leon Marcus
    2. Maurice N Ross
    3. Mario Sergio Golab
    3 lawyer answers

    Public domain is a concept having only to do with making copies of works, or performing a piece, a copyright. It has nothing to do with reading. Certainly many nations control what theri citizens can read, but it has nothing to do with copyright. When the copr. on a creative expires, or it was never registered, it goes into the P.D., available for anyone to copy. So, for example, all the works of J S Bach, as old as they are, are P.D. (Caution: recently recorded performances generally...

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  2. Trademark One letter is different from another

    Answered 10 months ago.

    1. Philip Leon Marcus
    2. Bruce E. Burdick
    3. James Scott Anderson
    4. Dana P. Shaffner
    4 lawyer answers

    The only relevant question is whether some customers or prospects might confuse your company with the other. Of course some will. It is the very syntactical similarity that captured your own thinking. Start saving up for your lawyer's fee.

    8 lawyers agreed with this answer

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  3. This question is about a trademark name.

    Answered over 1 year ago.

    1. Philip Leon Marcus
    2. Bruce E. Burdick
    3. David Wade Barman
    4. Jon Kenneth Perala
    4 lawyer answers

    You will know about a federal suit if a copy of the complaint is served on you. Meanwhile, you need to deal with the office action. Frankly, this is not a matter for do it yourself. It is unlikely despite your intelligence you have the experience to construct an argument to successfully change the examiner’s mind on likely confusion. If not, you will not get the registration, not now, and not later because of "res judicata." Better get a lawyer, even if only to evaluate whether it is...

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  4. How does "public domain" work when different laws apply in different countries?

    Answered over 2 years ago.

    1. John E. Whitaker
    2. Philip Leon Marcus
    3. Erach Farrokh Screwvala
    4. Daniel Nathan Ballard
    5. Molly Cristin Hansen
    6. ···
    6 lawyer answers

    Counselor Whitaker is correct that a global economy fitted to a world with some 200 sovereign does not fit perfectly. I think the relevant nations are those where the scan is done, and where the website is hosted, although others may differ. The citizenship of the individuals is not so relevant, except to the extent a citizen is practically most amenable to coercion and damage actions where he or she is a citizen. Some nations do claim extra-territorial effects of their laws, but mostly...

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  5. I want to copywrite my instrumental music cd on my own and at a later date redo it with a lawyer

    Answered over 2 years ago.

    1. Philip Leon Marcus
    2. Alexander H Butterman
    3. Bruce E. Burdick
    4. Michael Ingrassi Santucci
    5. Erach Farrokh Screwvala
    6. ···
    6 lawyer answers

    While trademark application in my view require attorney assistance, registering a copyright on the Copr Office website is something anyone with reasonable intelligence can do. Just get the form at the website, fill it in, and overnight it (FedEx or UPS or the like) to their office with a check. Do not use mail because you do not get a delivery receipt. If it really is a document then you can do the whole thing on line with a copy of the PDF to upload.

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  6. What kind of line can be crossed between an LLC and personal expenses???

    Answered over 1 year ago.

    1. Philip Leon Marcus
    2. David Raymond Mahood
    3. Mark William Oakley
    3 lawyer answers

    Actually using the company money for personal expense, unknown to the 'partners' is probably a crime, maybe a felony, depending how much. It is also a potential disaster for the company. As counsel has said, do not sit on your rights. Get a lawyer involved now.

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  7. What course of action should I take when a Real Estate Agent is not acting ethically?

    Answered about 2 years ago.

    1. Philip Leon Marcus
    2. Nicholas Bernard Proy
    3. Mark Alan Mackin
    3 lawyer answers

    I am assuming sellers also signed the original contract and you have a copy. Frankly, ignore the ethical issues--which may be the Sellers and not their agent. Get an experienced real estate lawyer and have him or her right a firm letter demanding performance on all scores. Do not delay. It sounds like they are holding you up for more money and need a 2 by 4 upside the head.

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  8. When can you use the trademarked name of a professional sports team?

    Answered about 1 year ago.

    1. Philip Leon Marcus
    2. Daniel Nathan Ballard
    3. Bruce E. Burdick
    4. Frank Anthony Natoli
    5. Maurice N Ross
    5 lawyer answers

    That is no problem. Newspapers publish full and daily schedules all the time. Material like that is not owned by anyone. The expression of it may be, but you can extract just the facts and use them. Be careful your code does not violate somebody's patent and is not derived from somebody's copyright code.

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  9. Can I use "Monsanto" and "WalMart" on a t-shirt I am selling?

    Answered about 1 year ago.

    1. Philip Leon Marcus
    2. Daniel Nathan Ballard
    3. Michael Charles Doland
    4. G. Todd Winter
    5. Richard Straussman
    6. ···
    6 lawyer answers

    I think it depends on the context. If the shirt looks like Monsanto or Walmart gear, then certainly it is infringement. If on the other hand your shirt says Monsanto unfair to farmers or Walmart unfair to workers--clearly not gear, then you probably have "nominative fair use." Although they may sue because they can...and help you sell shirts :

    8 lawyers agreed with this answer

  10. Is it better to "abandon" a Trademark or get a "Final Refusal" on a Trademark ... if left with only these two bad choices?

    Answered over 1 year ago.

    1. Philip Leon Marcus
    2. Mario Sergio Golab
    3. Thomas D. Boley
    4. Michael Charles Doland
    5. Bruce E. Burdick
    6. ···
    6 lawyer answers

    This is a forum dedicated to providing general information about legal matters, not to substituting for a lawyer-client relationship. To do so would probably violate the Code of Professional Conduct under which lawyers operate. It would be like a doctor diagnosing an illness here on the forum and prescribing. May I suggest you use the Find A Lawyer button to find a lawyer in Henderson or LAS who specializes in trademark work.

    8 lawyers agreed with this answer