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Questions Answered by Benton R Patterson III
1 Answer | Asked in Copyright and Entertainment / Sports for New York on
Q: Is it possible to use fictional characters from tv shows in music under transformative usage?

Like an empathic autobiography.

Benton R Patterson III
Benton R Patterson III
answered on May 14, 2018

In theory, yes it is possible. An attorney would need to know more about the work to give an opinion on whether the particular use is transformative.

1 Answer | Asked in Intellectual Property for Oregon on
Q: If I have an idea and I would like to sale it to a company,and I want to guarantee that they don't steel it

I want to make sure they don't just steal it without paying me, what kind of agreement form do I need?

Benton R Patterson III
Benton R Patterson III
answered on May 14, 2018

It depends on what the idea is. If it falls under patent, trademark, or copyright law, you should take the respective action to secure it (prosecute a patent or trademark application or register your copyright). If it does not fall under one of those categories, it may be a trade secret, in which... View More

1 Answer | Asked in Trademark for Tennessee on
Q: How similar can a business name be to another business without infringing trademark law?

My business name is similar to another business’s name, but I am unsure whether it is similar enough to constitute trademark infringement. Example of the situation I am facing (not actual company names): Company A is named Bob’s Cupcakes. Company B is named Bob Smith’s Cupcakes. Would... View More

Benton R Patterson III
Benton R Patterson III
answered on May 11, 2018

An attorney would need to know much more than just the two names to answer this questions. There are a variety of factors to consider, such as the similarity of products and how the two marks are presented to consumers. It is also important to know who used the mark first and what is claimed in... View More

1 Answer | Asked in Business Law for Washington on
Q: I moved to Washington state &have rentals in Indiana state under an llc. Do i need to get a WA rental business license?

Looking for a local bank to open a checking account but they all require a WA business license. I currently have an big bank checking that didn't require it but it is difficult to utilize.

Benton R Patterson III
Benton R Patterson III
answered on May 9, 2018

Each state requires business entities that conduct business above a minimum level to register to conduct business in the state. A Washington licensed business attorney can advise on what the specific requirements are in Washington. Based solely on the fact that no bank will permit you to open an... View More

1 Answer | Asked in Trademark for Massachusetts on
Q: Would there be infringement if one trademark has the name “flour” and the other “flour galore”?
Benton R Patterson III
Benton R Patterson III
answered on May 8, 2018

An attorney would need to know more facts to answer this question. The type of goods or services each mark is associate with, the overall appearance of the two marks, the content of the registration, which mark was used first, and several other factors are relevant to the question. Before using a... View More

1 Answer | Asked in Business Formation for Texas on
Q: Will others be barred from using my business's name if I file a certificate of formation?
Benton R Patterson III
Benton R Patterson III
answered on May 8, 2018

If you register a business name in Texas, the Texas secretary of state will not let someone else register the same name in Texas. However, someone could register that name in another state or use it as a trade name. Registering a business name does not provide trademark rights. If you want to... View More

2 Answers | Asked in Business Law and Tax Law for Maryland on
Q: The state is telling me to pay sales and use tax that was due to be paid by the person that I bought the business from.

He did not file that he owed taxes and now they say I must pay them. Is there a way out.

Benton R Patterson III
Benton R Patterson III
answered on May 8, 2018

Generally, if you purchase the entire business, the business remains liable for its obligations incurred under prior ownership. I would have an attorney review the sale documents. There may be representations and warranties in the purchase agreement that the business taxes were paid. If so, you... View More

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1 Answer | Asked in Business Formation and Business Law for Oregon on
Q: Does my LLC have to be the persona my online retail store operates as?

Could a company have one name but operate under another? The webside specializes in organic farming and farming tools. Also, is there any liability using "Dr." or "Doctor" so long as I am not giving out medical advice?

Benton R Patterson III
Benton R Patterson III
answered on May 8, 2018

A business name does not have to match the name of a website it owns. It is fairly common for a business to own internet properties of a different name. It is likely fine to use the name doctor as part of a longer website name, so long as you do not do anything to suggest or cause confusion as to... View More

1 Answer | Asked in Intellectual Property for New York on
Q: Visiting New York May 9th-15th, and interested to follow an IPR court session. But how to find one? Help appreciated!

It would be great to find a case that was processed during that time, and to visit the court. Is it possible, and where to find information, please? Courts schedules have no mentioning of the case type, so finding an interesting IPR case is not easy.

Benton R Patterson III
Benton R Patterson III
answered on May 8, 2018

IPR proceedings are not held in New York, rather, they are in USPTO offices. The main office is in the Washington DC area. This website has a list of upcoming IPR hearings you can use to locate a hearing if you are ever near as USPTO office.... View More

2 Answers | Asked in Trademark for Georgia on
Q: My trademark is labeled “dead” how to I make it active again?
Benton R Patterson III
Benton R Patterson III
answered on May 7, 2018

You will likely need to start over with a new application. Although, it may be possible to revive the trademark if it recently expired.

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1 Answer | Asked in Mergers & Acquisitions for California on
Q: Are we able to void the employment contracts of employees from an acquired business?
Benton R Patterson III
Benton R Patterson III
answered on May 4, 2018

It depends on the structure of the acquisition, the contracts with the employees, and the law in your state. You will need to speak with a local business attorney.

1 Answer | Asked in Civil Litigation for Oregon on
Q: How do I know if a civil subpoena is valid and if I am actually required to provide every item requested?

I am a bookkeeper in Oregon and received a civil subpoena requesting all bank statements, electronic books, tax returns, general ledgers, financial statements, emails, phone records, payments, receipts, etc...for 10 different entities of a former client for a 7yr period of time. How do I know if... View More

Benton R Patterson III
Benton R Patterson III
answered on May 4, 2018

You should be able to contact the attorney responsible for sending the subpoena and the court that granted it to verify its accuracy. You should consider retaining your own attorney to help determine what document should be produced.

1 Answer | Asked in Trademark for Texas on
Q: I am planning to book/hold a new name I like for my possible business name. I want no one else use or take it

1) I am new to business area. In my future 1-2 yrs down the lane I may plan to take up business. I thought of a name I like. I want it to be registered or trademark so that no one uses the same name in my area of my business lets say Petcare Industry. How can I do it?

2) If I want to use a... View More

Benton R Patterson III
Benton R Patterson III
answered on May 4, 2018

A trademark attorney can help you protect your business name and advise on potentially conflicting trademarks. You should speak with a Texas trademark attorney in a confidential consultation.

1 Answer | Asked in Trademark on
Q: Re: McDonalds. Is it a problem if I start an unrelated instagram food blog/ aspiring business called sheeatshappymeals ?

The blog will be pictures of different meals at restaurants around the world. McDonalds has the happy meals term trademarked I believe.

Benton R Patterson III
Benton R Patterson III
answered on May 3, 2018

An attorney would need to know more about the potential blog. From what you have described, you may have a trademark infringement problem.

1 Answer | Asked in Business Law for Alabama on
Q: Can I own a construction company, and a rental company?

The construction company will rent everything from the rental company; Tools, company vehicles, job trailers, etc. The rental company will only suppy the construction company. Would doing this fall under embezzlement?

Benton R Patterson III
Benton R Patterson III
answered on May 3, 2018

There is nothing inherently illegal about owning one company that rents equipment to another company you also own. In fact, this may be a useful structure to limit a creditor's ability to go after the equipment. Although, you must properly account for and pay taxes on the transactions. You... View More

1 Answer | Asked in Copyright for Pennsylvania on
Q: Do we have the right to make a PowerPoint with images of a book we own?

This is for a history course we are publishing. As part of the course, schools will purchase a number of trade books. The classroom PowerPoint will include images from those books. The schools will own a print copy of any such books already; do we need to pursue permissions for placing the images... View More

Benton R Patterson III
Benton R Patterson III
answered on May 2, 2018

Yes, you need to obtain permission from the copyright owner. Purchasing a book does not provide the right to reproduce images in the book.

1 Answer | Asked in Copyright and Trademark for Michigan on
Q: A 3 word phrase has been trademarked. Can I add dashes to legally use it for a program I am starting? Thanks!
Benton R Patterson III
Benton R Patterson III
answered on May 2, 2018

It depends on the context you plan to use the phrase in, what is claimed in the trademark application, and how the other party is using the phrase. An attorney would need to review all the facts to answer this question.

1 Answer | Asked in Trademark for Nevada on
Q: May phrase is similar to a recently approved trademark

I've been using a specific phrase on coffee mugs (and selling them) since October 2016. Recently a trademark was approved for a very similarly worded phrase Am I infringing by using my own phrase on my coffee mug (and selling them online and at craft fairs)? His is trademark for use on coffee... View More

Benton R Patterson III
Benton R Patterson III
answered on May 1, 2018

An attorney would need to know more about your history of using the phrase and the trademark applicant's to provide an opinion on whether you may continue to use the mark. If you are the senior user, it is possible you may be able to have the trademark cancelled or at least retain the right... View More

1 Answer | Asked in Trademark on
Q: Can I use the text 'EXODUS' on a clothing item or is that work trademarked by someone?
Benton R Patterson III
Benton R Patterson III
answered on May 1, 2018

Clearing trademarks is a large part of what trademark attorneys do. I recommend speaking with a local trademark attorney about conducting a trademark search and clearing the name.

1 Answer | Asked in Copyright on
Q: I don't know whether you can help or not I want to start a blog and i would like to hyperlink is it illegal

i would like to hyperlink a few things to my blog but don't want to get in trouble so is it legal or not and can i use them if i want to use google ad sense on my blog many thanks

Benton R Patterson III
Benton R Patterson III
answered on Apr 30, 2018

Generally, it is not illegal to provide a link to another website.

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