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Philip Leon Marcus

Philip Marcus’s Legal Guides

3 total

  • How to Make a Good Trade Name (So the USPTO Will Register It)

    For a couple years, in various forums, I have been annoying people about trade names one cannot get registered and /or that courts will not enforce against an infringer. I talked a good deal negatively about generic and descriptive trade names. What about something positive for a...

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  • Is it really fair use?

    I wish I could tell you exactly what is a fair use by another author of a copyright expression. I cant and neither can anyone else. It is a vague defense to infringement allowed by 19th century judges, and eventually put into concrete words by Congress. The words are so concise ...

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  • How Can I Get Out of this Deal, or Have a Soft Landing?

    Say you made a contract to sell a couple of computers. There was a decent margin over your wholesale cost but now, abruptly, they are in short supply and costly. You can get them in time for delivery, but at a much higher wholesale. How do you get out of the contract?You can dela...

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