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Michael S. Melfi

Michael Melfi’s Answers

145 total


  • Trademark Assistance - Faze MMA Gear | Phase MMA Wear

    Michael’s Answer

    If your trademark is important to you and your business, I would highly recommend seeking counsel on this who understands the trademark process and can assist you in securing your trademark given the set of circumstances you are faced with.

    While there is no guarantees that you will get the trademark, it is in your best interested to seek counsel.

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  • Difference between cheap and high end trademark services?

    Michael’s Answer

    This is a great question and there have been some great answers provided here already, however I want to point out that it is important to compare apples to apples when you are seeking guidance/ assistance with your trademark.

    The process has multiple steps and so when you are finding services that are less expensive, often they are leaving out or skipping over some crucial steps that will be completed by other service providers.

    For instance a nominal fee is not going to include an opinion letter prior to getting started and it definitely does not include the assistance with an office action.

    Whereas counsel charging hourly will often take care of each step along the way.

    My recommendation is to find counsel who will provide a complete service at a FLAT FEE from opinion letter through application to office action and publication to the Gazette and any other support or correspondence needed during the approximate year it takes to finalize and secure the trademark.

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  • How can I get transcripts of text messages, and for how far back in time?

    Michael’s Answer

    My understanding is that the data may not be gone and with the right subpoena you can obtain the information from the carrier.

    You will want to seek counsel to better understand your rights and how to handle this matter.

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  • I was a truck driver or a lease contractor for a company that's based in Arkansas they did pay me my fuel surcharges

    Michael’s Answer

    I would recommend seeking counsel from a local attorney who can assist you with reviewing the documentation and than putting together a plan of action to seek the funds.

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  • I am looking for a lawyer to help me with a trademark application. What amount should I expect to pay for these services?

    Michael’s Answer

    Daniel brings up very good points as hiring counsel is much more than just about price.

    To give you an idea of the types of services that are out there, you can typically expect to spend anywhere from a few hundred dollars to file the application (plus filing fees) as high as thousands of dollars if you are planning to pay an hourly rate and have the attorney assist you with the entire filing process.

    If you are interested in more information, let me know and I can provide you with a link to a chart that I often share with my clients that breaks down the process and fees.

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  • I am starting a brokerage business for services. What types of agreements will I need?

    Michael’s Answer

    Without additional information it is difficult to answer your question.

    In addition to having the proper agreements in place, you are going to want to make sure you are abiding by any state or federal laws in regards to your services.

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  • Who should I call for an intellectual property issue?

    Michael’s Answer

    I would recommend you find an experience legal professional specializing in Intellectual Property, specifically infringement matters.

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  • How to file a copyright infringement at federal court with the purpose to take down a Kickstarter product designed by me?

    Michael’s Answer

    Your copyright notice will be a requirement for filing a federal copyright infringement action and given that there is no written contract one may or could be inferred based upon the conduct of the parties (qasi-contract or implied in law contract). However, before a court will make a determination of infringement there is a legal process and procedure that a court must follow.

    You will have to file in the appropriate federal court also. And you will need an attorney that has a legally qualified team to work on the case probably on an agreed basis i.e. contingent. There may be additional causes of action in addition to copyright infringement that are present.

    Your best bet is to consult with an intellectual property attorney regarding the matter.

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  • Can I sue someone who has been copying my creative ideas?

    Michael’s Answer

    If you have a trademark you probably can seek enforcement and protection of that, even in the absence of a federal trademark registration or state trademark registration, common law rights will arise and of course, you must meet such requirements. With regards to copyright protection while the federal statute (law) indicates that ideas are not protected, there is the concept of expression/idea dichotomy.

    However, there is misunderstanding with regards to protection for ideas, and some courts have allowed such ideas or an idea within and of itself to be protected. There may be options to enforce and protect your rights after you have consulted with an intellectual property attorney.

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  • Can someone pay me to draw a copyrighted character?

    Michael’s Answer

    Unless there is some license agreement in operation or permission you should be cautious to undertake such work with regards to copyrighted work, of course it is legal to be paid to do the work. Your best bet is to consult with an intellectual property attorney regarding the matter.

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