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Philip Leon Marcus

Philip Marcus’s Answers

943 total


  • Can you host a painting class, painting trademarked images, such as sports teams' logos?

    My sister in law just started her own business of hosting public painting classes for a fee. Some of the artwork she teaches is her own original artwork, some are copies of famous paintings, and some are recognized trademarks (specifically, sport...

    Philip’s Answer

    Ouch. Disney.

    Probably the students can paint trademark registered logos. But painting a copy of a logo is making a copy and is illegal. And I imagine most Disney logos have been registered as design copyrights. Same analysis for sports team logos. Not selling a copy of a copyright image is just as illegal as selling it.

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  • Hello, I have a question around domains and trademarking.

    My business name is trademarked but a private person holds the .com and is selling it for a high price. What are my rights, if I have any, and how do you suggest I go about acquiring it? Thank you!

    Philip’s Answer

    The holder of the domain name may be doing something called cyber-squatting. But it all depends on many facts not all of which are in your question, nor should be. You would be wise to contact a lawyer familiar with cyber-squatting (I am) and discuss the facts. Expect to pay some money for good advice.

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  • Does my employer have to pay my medical bills if they agreed to but then changed their mind?

    I was performing my job while injured because I could not afford to take time off work to see a doctor. The injury did not occur on the job. My employer still agreed to pay for doctor's visits and for what ever medical treatment was needed so I ...

    Philip’s Answer

    There is a thin, and I mean this, argument that by agreeing initially to pay doctor bills, to induce you to keep working your employer created a "promissory estoppel" But it all depends on facts like why they changed their minds. But those facts cannot be discussed on public forum like this.

    You might want to look into Maryland Medicaid to at least get future bills paid.

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  • Can you sell a car, or sign over the car title even if the registration is flagged due to fees owed to the MVA?

    So, I paid for a car, however the title and registration are under my mothers name. My mother stopped paying the insurance on the vehicle and now the registration is flagged. The fines owed to the MVA amount to over 3k, which is probably more than...

    Philip’s Answer

    I doubt she can, but I would start by looking at the MVA website and look for the effect of flagging on title or the effect of failing to carry insurance. Or just phone MVA and ask.

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  • What are my options? Don't want to loose my job. Myself and other employees are not confortable in this work enviroment

    I work for a manufacturing company in Cecil county, MD. This company is Incorporated and is owned by Husband and Wife. On Friday June 14, 2012 I was verbally attacked, then physically attacked by the owners Son. The 22 year old came towards me in ...

    Philip’s Answer

    If someone came after me with an ice pick I would call the county sheriff, especially if this kid still works where you work. It's called assault with a deadly weapon.

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  • Do I need my mom's permission to trade in my civic si for a new car?

    I purchased the car with my mom as cosigner on the loan. I don't remember if she is co signed on the title. If I wanted to, could I go to a dealership, trade in my car, and purchase a new one without having to have her there to sign off on it? I d...

    Philip’s Answer

    If you do not have the title certificate then you cannot sell the car in MD--all titled owners have to sign on the back. That includes selling to dealer or trade in. So go find the title cert.

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  • I just need to know if I should seek out legal advice or not.

    I recently made phone calls to this adult hotline (website here http://www.easygirls.com/). I checked my account the next day, and it said I had only spent ~30 dollars. I figured "alright" and called again the following week. Assuming that I would...

    Philip’s Answer

    Without examining the site's terms of service no lawyer is going to be able to advise you. The TOS is your contract with the site. I doubt any lawyer will without a fee go find and then analyze that document. So you had better. See what it says about charges, and also what it says about where you can be sued if you do not pay.

    And stop posting details here that can be used against you. Also, next time read and understand the TOS or do not use a site.

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  • In Maryland, if an employer suspects one of theft can they withhold their final paycheck?

    No Proof. Have not been formally prosecuted. Merely suspect.

    Philip’s Answer

    Even one convicted cannot have wages withheld, let alone one under suspicion. There are limited circumstances where pay can be withheld, such as a court order for garnishment but suspicion of theft is surely not one of them. I am attaching a link to further info, including complaining to the state.

    Understand of course that unless you have a written contract for a definite period of employment you can be fired any time for any or no reason. Prepare for that and for possible difficulties collecting unemployment insurance. Save your pennies.

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  • Best way to sue seller?

    What is the best way to go after a seller for inspection fees that I paid for on a home that they neglected to come to closing on. I’m not sure how I would go about suing them if the house I was looking to purchase has been vacated by them. I don’...

    Philip’s Answer

    Something is not clear to me and that is whether you want the house or just reimbursement of the inspection fee. If the sales contract is in proper form, and it probably is, then you may well have a remedy by way of a court actually turning the house over to you after placing the money you owe sellers in escrow with the court. And you can do this—with assistance of an attorney—without having an address for the sellers, so long as you have an address for the house itself, which you do.

    So, you have remedies, each with costs in time and money, and you would be well advised to speak with an attorney about the details—in confidence and with completeness.

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

    My registered trademark is more than 5 years old. The potential party is claiming it is made up of two generic terms and does not indicate unique source. For example, it is a web-based software with the name "folderweb" that provides online access...

    Philip’s Answer

    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 exceptions. The two may be combined under one form, there is a fee for it, and it may be done on line.

    Given the threat you have gotten you would be wise to discuss a section 15 with a TM lawyer.

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