I built a website for a client and they’re refusing to pay the final invoice. Who owns the copyright?
Mark's answer
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Answered on January 10, 2023
It could be a work for hire depending on your contract with the client. Has an assignment been made? You are better off filing suit for breach of...
What happens when a trademark is canceled due to default but owner still uses and protects it?
Mark's answer
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Answered on January 23, 2020
There are two issues:
1. Their common law rights to the mark; and
2. Whether or not it is really generic.
If it’s truly generic, then...
Archived
Modifying a contract without permission from the contract holder, does that nullify the contract?
Mark's answer
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Answered on September 24, 2015
A binding enforceable contract requires the agreement of both parties. The other party would be free to reject it or ratify it.
Can CCP ß 128.5 (2015) be referenced in the same motion for sanctions as CCP ß 128.7, or do I need to file them separately?
Mark's answer
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Answered on September 24, 2015
The two motions must be filed separately.
Archived
I am submitting my own trademark office action response and have a few procedural questions.
Mark's answer
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Answered on September 24, 2015
If you convert the screen shots to .pdf files, they can be uploaded. Be sure to clearly label each exhibit as well. If your response to the...
Archived
What should I do about someone communicating threats through Amazon.com.
Mark's answer
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Answered on July 27, 2015
Contact Amazon directly. They likely have a process to delete these messages.
Archived
When I don't need to send a physical copy of my original song if I apply online on the Copyright Office website?
Mark's answer
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Answered on July 27, 2015
You must send in a copy of your original song to obtain a copyright registration. Living abroad is not an impediment to doing so.
Archived
How can a musical group claim their name if someone filled it as a trademark after they started as a group?
Mark's answer
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Answered on July 27, 2015
This requires an analysis of who was the first to use the mark or file for trademark protection in the United States. Trademark rights are...
Are compound questions allowed in interrogatories?
Mark's answer
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Answered on July 20, 2015
In California State court, no. You need to check your local jurisdiction's rules or contact a local attorney.
Archived
When a certified letter is refused by a litigant, is it considered delivered ?
Mark's answer
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Answered on July 20, 2015
You should send the letter by regular mail. Although it will be presumed delivered if sent by first class mail, if you need to effect service of...
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