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Philip Leon Marcus

Philip Marcus’s Answers

943 total


  • I need to know if I retain the clients that I have brought into a company that now wants to let me go.

    I was asked by a printing company to start working for them after they were notified that the print broker that kept them in business was leaving them for a better deal. They could not call on any of the clients that the other print broker brough...

    Philip’s Answer

    Your options depend on one thing--the contract you signed with the outfit you have been working with the past 10 months or more. It must be reviewed by a lawyer you hire. If there is no such written contract then the lawyer will need to establish what the relationship was by asking questions and constructing what the arrangement must have been.

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  • If i am unable to do a trade in my car is the dealership responsible for giving me a refund or paying for the car.

    I purchased a car in 2010 with structural frame damage. I attempted to trade it in and found out that the car is only worth $1000.00. The car fax shows that the dealership purchased this car like this from the auction. At this point if i am unable...

    Philip’s Answer

    You bought a car 3 years ago with a bent frame. You did not have it inspected before the sale nor buy a Car Fax.

    I cannot think of anything the dealer did wrong, unless they specifically guaranteed in writing the car was perfect. And after 3 years that would not help you.

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  • Trademark One letter is different from another

    I want to use a name I came up with and possibly trademark it later on. The name differs from another trademark by one letter. Phonetically it is not similar. For example the name I want let's say is Test Buy. I'm afraid that Best Buy may...

    Philip’s Answer

    The only relevant question is whether some customers or prospects might confuse your company with the other. Of course some will. It is the very syntactical similarity that captured your own thinking.

    Start saving up for your lawyer's fee.

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  • Do I need an attorney to write a Cease and Desist letter to be legal? I'm out of options and don't know what else to do.

    2 yrs. ago I had an affair with a neighbors' husband. The spouse found out and of course is furious. What I did was a very wrong and understand she is very upset. Since then she has dedicated herself to harassing and treating my kids every chance ...

    Philip’s Answer

    I do not see this at all as a legal matter but as one needing intervention by a clergyman or mediator.

    Have you ever sincerely in writing and separately apologized to the two aggrieved people?

    You are not the victim here and so far neither are your kids, thank goodness. Please try using kindness instead of legal force.

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  • Made several pieces of original jewelry out of .999 silver. Sold a few so far. Should i copyright the designs is this necessary

    It is a long process to make the jewelry, Carve design into graphite, smelt the silver, pour & finish. The designs seem popular and in regards to above, worried about someone copying and stealing the images. Thank you for your time.

    Philip’s Answer

    The designs are copy right protected as soon as created in metal. Still, you cannot sue unless you register, so take the small amount of time and money to register, at copyright.gov.

    You can register a “collection” of pieces if they have something in common and save time and money.

    You will need some good photos of the pieces. Not expensive or time consuming to register.

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  • Hello, can I make an orthodontic retainer with a sports logo in it?

    Can I get around legal issues by saying the logo is free, that the cost being paid is simply for the appliance itself? Or by saying the logo added is free and that the small fee attached is for the labor cost of placing it inside the retainer?

    Philip’s Answer

    Even if the whole kit is free, you are still taking advantage of some team's logo, and that is illegal infringment.

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  • Do I need a fraud lawyer?

    I used to get base pay and salary..my employer is holding my wages and has put accounts in my name..stating I made a sale just to collect thousands from another company. And the commission I did make I never received. And they held some of my pay ...

    Philip’s Answer

    Well, you certainly should discuss all this with an attorney. Many facts will go into his or her recommendation. A consultation will cost less than you think with most reputable lawyers and apparently thousands are at stake. And I would not wait and hope things will get better.

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  • I an a former Olympic Athlete and I want to start an online business called Olympian Skating Supplies. Is that ok?

    I also want to use circles in the website logo. Not five, perhaps just repeating circles, is that ok?

    Philip’s Answer

    The IOC. and the national committees have spent years and tons of money linking themselves in the public
    mind with these games. they will not let you ride their coat tails.

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  • Can I be shut down for having the occasional fake pop up in my inventory.

    I have an online store and want to start selling branded merchandise. I buy at estate sales,auctions and a variety of places. It is almost impossible to verify every single item i offer as authentic. can I be shut down for having the occasional fa...

    Philip’s Answer

    • Selected as best answer

    No, but you can be sued to enjoin those specific sales.

    See a local TM lawyer; spend the bucks now before being sued. He can help you conjure a sign which disclaims certainty that any given item is genuine.

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  • Do I need legal papers or something for this?

    I want to post songs that I have written and performed, but I don't want other people to take my ideas or the songs and turn them into "their ideas and song". How can I put my songs out there in a respectable manner that this will not happen.

    Philip’s Answer

    Take a copy of the words and music as a PDF and register it at copyright.gov. You do not need a lawyer. $35. If their system is running despite the government shutdown you will get a dated receipt by email. Make a CD or DVD of any performance you want to protect and send it to the copyright office with a downloaded copy of the form. Use FedEx or UPS to get proof of date they received. It takes time to get the registration certificate but you are protected from when the C.O. office gets the application.

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