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Questions Answered by Ray Beckerman
1 Answer | Asked in Trademark for California on
Q: Can someone trademark a type of website that matches my services and with a name that is a twist on mine?

I do not own a trademark but will trademark "Common Law" help me? I have been running my website since 0ctober 2013 as a portal for a specific crowd and this copycat Filed for a trademark matching my website services and name is May 02, 2014 They are also including a name in the trademark that is a... Read more »

Ray Beckerman
Ray Beckerman answered on Sep 4, 2014

I would have to review the different websites and trademarks to evaluate it and answer your question. No it is not "safe to say" you would win anything.

1 Answer | Asked in Banking for New York on
Q: What does a judgement against you mean

I had a checking account that was overdrawn for 2300

Ray Beckerman
Ray Beckerman answered on Sep 4, 2014

A judgment against you, assuming it's a money judgment, means that the plaintiff is legally entitled to the money recited in the judgment, and can use various judgment enforcement devices, such as property executions, income executions, subpoenas, and restraining notices, to collect it. It would... Read more »

1 Answer | Asked in Copyright for California on
Q: As a photographer for a nonprofit college student newspaper, do I hold copyright?

I'm only being paid a small stipend with no other benefits. I generally am able to choose which assignments to pursue. I use my own equipment, edit the photos on my own time, in my own space. I have not signed any agreements, and certainly not one that specified made for hire.

Ray Beckerman
Ray Beckerman answered on Sep 4, 2014

Yes, as the creator, you own the copyrights to photos you've taken. However, you may have lost your rights when you published them without a copyright notice, or you may have ceded them by allowing the newspaper to copyright them.

You should have a lawyer-prepared contract with the...
Read more »

1 Answer | Asked in Copyright for New York on
Q: Can I be added to a copyright of a song that has already been registered, or it has to be an outside contract agreement?

I have been working on a music project for 10 years with a business partner. He owns the copyrights on 3 of the main songs, and we both put lots of time, money (splitting 50-50), energy and effort in the production of these songs. We have come to the point of the legal matter, and I was under the... Read more »

Ray Beckerman
Ray Beckerman answered on Sep 4, 2014

You can have an outside contract which assigns rights in the copyright, and this can be publicly filed with the Copyright Office, but you MUST do this through a lawyer. Stop trying to save money; you are being penny wise and pound foolish.

1 Answer | Asked in Copyright for North Carolina on
Q: I made a YouTube video of a Wonder Woman comic. It got taken down for copyright. Anything I can I do for a retraction?

I monetized the video and used royalty-free music. I gave credit to the creators and distributors. I did not download the video or images. I made the video myself.

Ray Beckerman
Ray Beckerman answered on Sep 4, 2014

I do not know what you mean by a "retraction" but you did violate the rights of the owners of the "Wonder Woman" rights.

1 Answer | Asked in Copyright for Florida on
Q: Can I use a small portion of a song (cover band) as an opening to my web talk show with their permission?

There is an acapella group that has covered a religious song. They have paid for all copies made. I legally bought the cd. Can i use a portion of that as an intro to my web show? They will give me permission to use their version, but they don't know if it is legal, since it is a cover.

Ray Beckerman
Ray Beckerman answered on Sep 4, 2014

No you may not. You must get the rights from the owners of the musical composition.

1 Answer | Asked in Business Law for New York on
Q: Where do I go to find out information about a company with an LLC in NYC?
Ray Beckerman
Ray Beckerman answered on Mar 8, 2013

You would do a business entity search on the Department of State's website here: http://www.dos.ny.gov/corps/bus_entity_search.html

1 Answer | Asked in Intellectual Property for New York on
Q: Who should I ask for the copyrights to use a few passages from THE CATCHER IN THE RYE in the book I am getting published
Ray Beckerman
Ray Beckerman answered on Mar 8, 2013

You should consult with a copyright attorney such as myself to see if it's necessary to get permission for the use you have in mind. Then, if we determine it is necessary, then we would make a few phone calls and find out from whom we'd need to get permission.

1 Answer | Asked in Internet Law for New York on
Q: Did a Google search of my name and a "public record" court decision was found.

How can I get this removed from Google search engine?

Ray Beckerman
Ray Beckerman answered on Mar 8, 2013

It may not be possible. We would need to see what you are talking about.

1 Answer | Asked in Copyright for New York on
Q: I GOT AN ORDER FROM JUDGE THAT STOP SELLING SOME MERCHANDISE. HOW CAN I FILL THE CASE TO RELEASE THE ORDER
Ray Beckerman
Ray Beckerman answered on Mar 8, 2013

You need to provide the legal documents to a qualified litigation law firm like ours, and we will then discuss it with you and come up with a strategy to fight it.

1 Answer | Asked in Business Law for New York on
Q: How do I convert my NY LLC into a s corporation

I registered an LLC in NY but cannot afford the expensive publication requirements. How do I convert it into an S-Corporation?

Ray Beckerman
Ray Beckerman answered on Mar 8, 2013

You can't convert an LLC into an S corporation. You can start a new corporation, and then file an election to be an S corporation, but not all corporations qualify for S corporation treatment. My firm does incorporations for a modest price.

1 Answer | Asked in Constitutional Law for New York on
Q: What are the limitations on the united state's right to judicial review
Ray Beckerman
Ray Beckerman answered on Mar 8, 2013

The United States has similar rights of review to any other litigant, and certain expanded rights in certain cases, such as, e.g., where a court has declared a federal statute to be unconstitutional.

1 Answer | Asked in Intellectual Property for New York on
Q: If I own content in the U.S., how will copyright work outside the U.S. such as in India and Phillippines?

I produce audiovisual and motion picture videos in the U.S. and plan to sell content outside U.S.

Ray Beckerman
Ray Beckerman answered on Mar 8, 2013

It's determined by different treaties, and also by the practical realities of how different countries enforce copyright laws. You would need to consult with an international copyright lawyer, and you would have to give much more specific factual information in order to get a meaningful answer to... Read more »

1 Answer | Asked in Business Law for New York on
Q: How can I obtain/review a copy of a business certificate (have Certificate #) to find out who the owner/owners are?
Ray Beckerman
Ray Beckerman answered on Mar 8, 2013

Most states have websites for the Secretary of State which enable you to do a name search for some, but not all, types of business entities. However, the certificates would rarely identify the business owners are. This is often confidential.

1 Answer | Asked in Intellectual Property for New York on
Q: Can I use the english name zilich on my game-board if another company has it trademark?

Note My game name does not have word zilich in it.

Ray Beckerman
Ray Beckerman answered on Mar 8, 2013

Probably not, especially if they are using it as a trademark for games. But we would need to know more facts to give you a definitive answer.

1 Answer | Asked in Copyright for New York on
Q: Is it legal to post a picture of someone online without the owners permission? If so, what is that law called?
Ray Beckerman
Ray Beckerman answered on Mar 8, 2013

There is a New York statute which prohibits using someone's likeness for trade or business purposes without their permission. It is Civil Rights Law Section 50.

1 Answer | Asked in Intellectual Property for New York on
Q: To what extent is the variation of the trademark name considered illegal?

We are designers freelancers called twisted sisters design and twisted sisters creative. We where contacted by a lawyer of Twisted Sister (80's band) http://trademarks.justia.com/731/30/twisted-sister-73130716.html

Saying that we have to change our name (although is different from theirs),... Read more »

Ray Beckerman
Ray Beckerman answered on Mar 8, 2013

The fact that you're not in the same industry is an argument you can make in defending the case, but there is no guarantee you will prevail. You should hire experienced trademark litigators like my firm.

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