Archived
Can I still trademark what is rightfully mine if he hasn't been granted the Trademark yet? USPTOsays he is live,same as granted?
Michael's answer
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Answered on February 13, 2015
It depends a lot on how far the application has progressed to this point, but you will get a chance to oppose during the 30-day publication period...
I recently received a letter from a law firm in California threatening me with civil litigation over an Otterbox Product
Michael's answer
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Answered on February 12, 2015
You need to walk a fine line here if you are not going to hire a lawyer to review your communications with the law firm and represent you. On the...
Is verbal agreement valid in california? what kind of evidence or requirements does it take for a verbal agreement?
Michael's answer
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Answered on February 12, 2015
Oral contracts are enforceable. However, proving one side involves "he said she said" scenarios and as you can imagine, becomes difficult to prove....
Archived
Can a partner take over the business
Michael's answer
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Answered on February 12, 2015
It all goes back to your partnership agreement. If you didn't have one then the default RUPA rules control, which means if the partners cannot...
Archived
I want to use the original photo from a manufacturer catalog for a subsequent resale of some clothes I bought as a consumer.
Michael's answer
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Answered on February 12, 2015
Useful articles and the doctrine of conceptual separability are concerned with three dimensional works. Photographs, being two-dimensional, could...
Archived
Trademark Application Rejected -
What does it mean to show that the mark creates a separate commercial impression?
Michael's answer
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Answered on February 12, 2015
When you ask about a "creative work", you are speaking copyright language, so I'm not really sure what you are trying to protect here. It looks...
Archived
If I purchase a business 50/50 with a partner, but I pay for 100% of it for now, how can I ensure I get my 50% he owes me later?
Michael's answer
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Answered on February 12, 2015
That's one of the beauties of LLCs, you can craft the operating agreement however you want (with very few legal limitations). This is something...
Can my Non-Disclosure Agreement include a retroactive clause to cover confidential information disclosed prior to the agreement?
Michael's answer
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Answered on February 12, 2015
Did you have the prospective investors in the previous disclosure sign an NDA? If you are currently faced with a retroactive clause like the one...
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Archived
Can I challenge a co-producers rights to have equal percentage of any profits my film may make?
Michael's answer
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Answered on February 11, 2015
Your relationship would be governed by any agreement(s) you may have with the co-producer. Because there was nothing in writing, you would have to...
Archived
Should I return this t-shirt? Or try to pay royalties to company owning copyright/trademark?
Michael's answer
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Answered on February 11, 2015
Wow, in this day and age your level of honesty with regards to IP rights is to be commended. If you are certain the property is not owned or...
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