Philip Leon Marcus’s Answers

Philip Leon Marcus

Beaverton Trademark Application Attorney.

Contributor Level 16
  1. Registering a trademark for a business name

    Answered over 1 year ago.

    1. Philip Leon Marcus
    2. Kyle Marc Globerman
    3. Judy A. Goldstein
    4. Ivan Jose Parron
    5. Bruce E. Burdick
    6. ···
    7 lawyer answers

    At least three points you need to keep in mind. (1) The registered name of your business, your nom commercial, is not a trade name that can be registered as a trade mark unless you actually use it to mark your goods and services. (2) Not every name you can think of is sufficiently “distinctive” that the USPTO will accept it as a trademark. Most likely the first names you think of will not be distinctive. This is something to discuss with a TM attorney before you fall in love with it. (3)...

    8 lawyers agreed with this answer

  2. What's the easiest and cheapest way to protect my idea?

    Answered over 1 year ago.

    1. Philip Leon Marcus
    2. Terry Lynn Thomas
    3. Carmen S. Giordano
    4. Shawn Raju Singh
    4 lawyer answers

    Easy. A nondisclosure agreement or NDA, signed by everyone on the project, and written by a lawyer licensed in the state where it will be signed. BUT, you cannot protect an idea, only developed stuff like the script, the realized characters, etc.

    8 lawyers agreed with this answer

  3. My trademark is up for renewal, should I file a Declaration of Incontestability or will a Declaration of Continued Use be fine?

    Answered over 1 year ago.

    1. Philip Leon Marcus
    2. Frank Anthony Natoli
    3. Clark AD Wilson
    4. Daniel Nathan Ballard
    5. Bruce E. Burdick
    5 lawyer answers

    If you do not file the Continued Use with its fee then you will eventually be cancelled for abandonment. Do not let that happen. The other form can wait until you have more money.

    8 lawyers agreed with this answer

  4. Owned business name?

    Answered almost 2 years ago.

    1. Philip Leon Marcus
    2. Heather Morcroft
    3. James Juo
    4. William S Goldman
    5. John E. Whitaker
    6. ···
    6 lawyer answers

    There is a registered trademark in the USPTO for Star Nail Professional Nail Products held by a CA corp. and has been for quite a few years. As someone has said, there is a question whether a store doing nail services would be seen as confusing, but it might. It is certainly something you would be wise to discuss with a TM attorney, spending a few dollars, before you do get sued. The same attorney would help you choose another name if need be.

    8 lawyers agreed with this answer

  5. Why is it legal for people to create trivia games of other peoples trademark?

    Answered about 2 years ago.

    1. Philip Leon Marcus
    2. Pamela Koslyn
    3. Maurice N Ross
    4. Gerry J. Elman
    5. Daniel Gary Rosenthal
    5 lawyer answers

    Why do you assume it is legal? It may be, but it depends on how someone’s TM is used. If in passing I use some TM in a trivia game question or answer—but that logo or brand is not the focus of the entire game, it would likely be “nominative fair use.” But if I focus a game on someone else’s brand or logo, without getting permission or a license, then I should carefully in my mail for a cease and desist letter, followed by a marshal at the door with suit papers.

    8 lawyers agreed with this answer

  6. Can I use word "Disney" in the domain name, such as "DisneyToys.com" if I'm selling ONLY Disney licensed toys?

    Answered about 2 years ago.

    1. Philip Leon Marcus
    2. Michael Charles Doland
    3. Mario Sergio Golab
    3 lawyer answers

    I doubt they would let you use "Disney" as part of your URL. You can contact their clearance dept., but don't hold out much hope. You can probably use pics of the products, by way of identifying them, with little or no fear. But I would ask the distributor for proof it has permission from Disney--a vending agreement that discusses the distributor's right on copyrights and trademarks. There is a lot of bogus material coming in the country. That agreement may extend some such rights to re-...

    8 lawyers agreed with this answer

  7. Trademark Infringement and or Dilution question

    Answered over 2 years ago.

    1. Nina Yablok
    2. Pamela Koslyn
    3. Philip Leon Marcus
    4. Michael M Ratoza
    5. Gene Bolmarcich
    6. ···
    10 lawyer answers

    Greetings from Beaverton. The possibility of confusion raises the possibility of actionable infringement. The trouble is everything depends on all the the facts, so you need to consult an attorney ASAP. The defense of laches (delays) may be raised because of "last few years." Putting more facts here to try to get more advice here is not a good idea because this forum is quite public. Most attorneys on this forum will consult for a half hour or so without charge.

    8 lawyers agreed with this answer

  8. I'm being threatened with a lawsuit for copyright infringement, should I file bankruptcy now or wait until I am sent a summons?

    Answered over 2 years ago.

    1. Philip Leon Marcus
    2. Daniel Tam
    3. Dorothy G Bunce
    4. Maurice N Ross
    5. Bruce E. Burdick
    5 lawyer answers

    Filing for bankruptcy seems an extreme step to take, esp. if you have merely been threatened with a suit that has not happened yet. IT is also not clear you will be able to discharge this debt, if it really is a debt, in bankruptcy under the current law. You would be much better off to consult with a copyright lawyer to see if you have any defenses or other parries. Often a lawyer with offer a free brief consultation.

    8 lawyers agreed with this answer

  9. What form to choose for the business, S Corporation or LLC?

    Answered over 2 years ago.

    1. Philip Leon Marcus
    2. Curtis Lamar Harrington Jr
    2 lawyer answers

    Unless you plan to go public the LLC is probably best. It is not an either/or. An LLC can choose sub-chapter S treatment, so that owners ("members") are treated as partners for income tax purposes. Thus there is no double taxation. Much as for an INC, members of an LLC are protected against personal liability for debts of the entity. An LLC can own other entities such as INC shares or membership in another LLC, enabling subsidiaries. I believe like an INC owning majority interest in...

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  10. Should I register a company or I don't need for online eBay business as an individual

    Answered about 1 year ago.

    1. Philip Leon Marcus
    2. Mark William Oakley
    3. Bruce E. Burdick
    4. Joel I Hoffman
    4 lawyer answers

    Without talking with you in depth about your finances and your deals with wholesalers in depth, my off the cuff suggestion to create an LLC in Maryland. It will cost you about $400 a year to file an info return with a Maryland agency called SDAT, but it should protect you from personal liability for injury by a sofa or any contract dispute with a wholesaler. You would be able to treat the LLC as a “sub-S” corporation as a “pass-through” and keep the tax accounting fairly simple. But there...

    6 lawyers agreed with this answer