Michael P Matesky II’s Answers

Michael P Matesky II

Seattle Litigation Lawyer.

Contributor Level 10
  1. Is it illegal to sell designer inspired items in a retail environment?

    Answered about 2 years ago.

    1. Michael P Matesky II
    2. John E. Whitaker
    3. Frank A. Natoli
    4. James Juo
    5. Mario Sergio Golab
    6. ···
    7 lawyer answers

    I assume that "designer inspired" is a euphamism for a knock-off, right? There are lots of potential laws that you might be violating by selling knock-offs, even if you disclose that they are not genuine articles. First, depending on the type of articles at issue, it might be considered copyright infringement, which has nothing to do with whether you disclose that the article is genuine or not. For example, I think that Luis Vuitton claims copyright protection over the patterns of the...

    18 lawyers agreed with this answer

  2. I have an idea for an web-site service business. Should i secure legal representation for intellectual property ?

    Answered about 2 years ago.

    1. Michael P Matesky II
    2. Douglas Richard Blecki Jr.
    3. Bruce E. Burdick
    4. Eric J Camm
    4 lawyer answers

    Your best bet would be to seek an initial consultation with an intellectual property attorney, who can advise you regarding whether patent, trade secret, or some other method of intellectual property or contractual protection is best suitable for your proposed business. For example, you may want to file a provisional patent application and use a non-disclosure agreement when pitching aspects of the business to investors. But, without knowing more, it is impossible to know whether those (or...

    8 lawyers agreed with this answer

  3. Do all attorneys who practice intellectual property law take the Patent Bar?

    Answered over 1 year ago.

    1. Gerry J. Elman
    2. Mark Raafat Malek
    3. Bruce E. Burdick
    4. Michael Charles Doland
    5. Michael P Matesky II
    6. ···
    12 lawyer answers

    No. Passing the patent bar is not required to practice in the areas of copyright, trademark, trade secret, right of publicity, or other legal areas that fall under the "intellectual property" umbrella or are related to that category. Also, passing the patent bar is not necessary to litigate patent infringement cases. Passing the patent bar is only necessary to practice before the U.S. Patent & Trademark Office in patent issues (e.g., preparing, filing, and prosecuting patent applications).

    9 lawyers agreed with this answer

  4. As an author utilizing a nom de plum, how do I file for a US copyright of my thesis without revealing my private identity?

    Answered over 1 year ago.

    1. Michael P Matesky II
    2. Lucas Seth Michels
    3. Oscar Michelen
    4. Erach Farrokh Screwvala
    5. Maurice N Ross
    6. ···
    6 lawyer answers

    There are really a few questions wrapped into this. The first is relatively simple: the Copyright Office provides procedures for registering works under a pseudonym. I recommend exploring www.copyright.gov to learn more about the registration process. The other questions are a bit more complex, dealing with whether it makes sense for you or a business entity to own the copyright, how to effectively transfer title in copyrights, and how to effectively pass on copyrights to heirs. Those...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I'm an entertainment professional, who sells his comedy DVDs. You tube has been posting the entire videos. Can I sue?

    Answered over 1 year ago.

    1. Oscar Michelen
    2. Michael P Matesky II
    3. Jeffrey S. Marlink
    4. Daniel Nathan Ballard
    5. Michael Charles Doland
    6. ···
    8 lawyer answers

    You might be eligible to participate in YouTube's ContentID system, which could allow you to monetize the videos posted by others. See: https://support.google.com/youtube/answer/2797370?p=cid_what_is&rd=1 Good luck!

    8 lawyers agreed with this answer

  6. Pros and cons of having attorney sign my trademark application?

    Answered over 1 year ago.

    1. Kevin Andrew Thompson
    2. Maurice N Ross
    3. Michael P Matesky II
    4. Mario Sergio Golab
    4 lawyer answers

    I don't mean to be flippant, but aren't those questions better posed to your trademark attorney? They, presumably, know the facts of your case a lot better than anyone online does. And if they don't know the answer, then they are probably not very experienced in trademark matters.

    8 lawyers agreed with this answer

  7. Using an artist photo on my album cover that has features by them, is it legal?

    Answered over 1 year ago.

    1. Michael P Matesky II
    2. Erach Farrokh Screwvala
    3. Frank A. Natoli
    4. Neil Juneja
    5. Maurice N Ross
    6. ···
    6 lawyer answers

    You've probably got a lot more to worry about than just the album cover art, to be honest. The best thing for you to do would to get releases/assignments/work-made-for-hire agreements from every featured artist and all other contributors to the music/album, covering right of publicity, copyright, etc. If you do not, and you are fortunate enough to find success with your music, you will also very likely find yourself sharing the proceeds of that success more heavily with your co-contributors...

    6 lawyers agreed with this answer

  8. What happens when a minor violates a copyright law

    Answered over 1 year ago.

    1. Michael P Matesky II
    2. Bruce E. Burdick
    3. Mark Raafat Malek
    3 lawyer answers

    Maybe nothing. Maybe the minor gets sued. Maybe the minor and his/her parent(s) and/or guardian(s) get sued. Maybe many other things. There is no one-size-fits-all answer to "what happens." If you are facing allegations of copyright infringement, you (and perhaps your parents/guardians) would be wise to consult with a copyright attorney.

    7 lawyers agreed with this answer

  9. Filmmaker agreed to give me music credits for using my music. Excerpts of film are on youtube .without credits. What can i do?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Michael P Matesky II
    3. Thomas Henri Vidal
    4. Bruce E. Burdick
    4 lawyer answers

    Hopefully your agreement was in writing, as that will be much easier to enforce than any oral agreement. At any rate, you my have claims for breach of contract and/or copyright infringement, but that will depend on the specific terms of your agreement with the filmmaker. An experienced copyright attorney should be able to review your agreement and craft a suitable demand letter, hopefully resulting in the appropriate credit being given. In the event the filmmaker is not willing to cooperate,...

    7 lawyers agreed with this answer

  10. What if we want to register a brand in a similar field but the name of our brand is one word different?

    Answered over 1 year ago.

    1. Shimon Yiftach
    2. Gary Ralph Ilmanen
    3. Alan T Harrison
    4. Frank A. Natoli
    5. Maurice N Ross
    6. ···
    8 lawyer answers

    The answer to this question (1) will depend on many facts that are not included in your question (and should be discussed privately with an attorney, not online), and (2) will not be a certain yes/no answer, but an educated assessment of risk and likelihood. If you are putting time, money, and effort into selecting and building a brand, you should speak with a trademark attorney to ensure that time, money, and effort is not going to waste. I'd be happy to offer an initial consultation if...

    5 lawyers agreed with this answer

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