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Questions Answered by Benton R Patterson III
1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If you design a tattoo for yourself, but have someone tattoo it on you, who has copyright to the art piece?

I've designed a tattoo piece for myself but since I obviously can't tattoo on my own body, how would the copyright work? Would it be considered for hire work since I've designed the work or would the tattoo artist be considered as copyright holder?

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

If you create the design and reduce it to a perceptible image, such as drawing it on a piece of paper, then you would own the copyright.

1 Answer | Asked in Intellectual Property on
Q: If a US company goes into liquidation, does the patents rights go back to the inventor
Benton R Patterson III
Benton R Patterson III
answered on Apr 30, 2018

No, if a company owns patents, those patents do not automatically transfer to the inventor upon a liquidation procedure. The patents are assets of the company. They may be sold as part of the liquidation, as with the other assets. The inventor may be able to purchase the patents. If you are... View More

1 Answer | Asked in Contracts for Texas on
Q: Is a service contract legal between myself and my own DBA?

The city in which I live will charge for trash pickup that I don’t use unless I have a contract for a private collection service. I would like to file a dba and sign a contract between myself and my dba to satisfy this city ordinance.

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

Probably not if they bother to check the paperwork. A DBA is not a separate legal entity.

1 Answer | Asked in Copyright and Trademark for Texas on
Q: I am potentially going to register my business name, but am unsure if I am infringing on another company's name.

The established company's name is very similar to mine. . Also if this is not okay, would there be a way to change it while still keeping the word

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

Registering a business name is a different process involving different rules from registering a trademark. Generally, there are minimal requirements for registering a business name. Often, even if the names are very similar, you can register a business name in Texas. However, the fact that you... View More

1 Answer | Asked in Copyright and Trademark on
Q: Its ok to use football expressions like "You'll never walk alone" or the famous cannon from Arsenal logo to sell tshits?

Hi!

I want to sell printed t-shirts for football fans and I wanted to ask you if it’s ok to use expressions like “Come on you gunners”,”You’ll never walk alone” or the famous cannon from the Arsenal Logo (not the whole logo).No use of whole logo, or Arsenal Football Club... View More

Benton R Patterson III
Benton R Patterson III
answered on Apr 26, 2018

An attorney would need to review the proposed design. Generally, if a person would associate it with Arsenal, it is probably not legal. Trademark infringement is based on consumers being confused as to the source of goods or services. If you change elements of a trademark, but people would still... View More

2 Answers | Asked in Business Formation and Estate Planning for Florida on
Q: I want to settle an irrevocable Delaware Dynasty Trust to transfer membership interest in my LLC to my mother.

My mother will be the initial beneficiary. Can I, the settlor/grantor, be named as the succeeding beneficiary since I'm her only heir. I am trying to change the LLC from a sole member LLC to a multi-member LLC to qualify for charging order protection.

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

You will need to hire a local attorney to review the trust documents and the LLC's operating agreement. This is not the kind of legal project you want to do yourself. Small mistakes could negate the effectiveness of the asset protection plan.

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1 Answer | Asked in Intellectual Property for Florida on
Q: What is the trademark status while it is "pending"?

Meaning the legal status.

Benton R Patterson III
Benton R Patterson III
answered on Apr 24, 2018

A pending application has not been registered.

1 Answer | Asked in Tax Law and Business Formation for Texas on
Q: Hi, I am planning to convert my Sole P into an LLC here in Texas. And I also have about 21 sales tax permits. I plan to

Hi, I am planning to convert my Sole P into an LLC here in Texas. And I also have about 21 sales tax permits. I plan to not file my LLC in those other states. But what about sales tax expense? The sales tax permit would be under a Sole P so how do I take that sales tax expense under account if the... View More

Benton R Patterson III
Benton R Patterson III
answered on Apr 23, 2018

Most states require companies that sell products in the state to register to conduct business in the state. An LLC that is not properly registered to conduct business and intermingles transactions with a sole proprietor has a decent chance of losing its ability to shield the owner or owners from... View More

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: What kind of Permission do I need to use a song as the outline of my novel?

I just finished my first draft. To compose the climax of the story I used one of my favorite songs as an outline, as it fit perfectly with my tale. I did not use exact lyrics at all, and significantly expanded the story of the song. The narrative flow and sequence of events is the same, however.... View More

Benton R Patterson III
Benton R Patterson III
answered on Apr 23, 2018

An attorney would need to review the song and the story to determine if one infringes the other. If so, you would need a license to create derivative works.

1 Answer | Asked in Copyright for Pennsylvania on
Q: I quoted a famous person & credited the person online. Is that copyright infringement?

I was answering someone's question and to make my point used a quote from Billy Graham that is posted on the Billy Graham public website. I copied and pasted what he said, put it between quotes and credited him before and after the quote. It wasn't until I posted it that it occurred to me... View More

Benton R Patterson III
Benton R Patterson III
answered on Apr 23, 2018

In the vast majority of cases, using a short quote from another person's work is not copyright infringement.

1 Answer | Asked in Internet Law, Copyright and Intellectual Property for Utah on
Q: I have designed a logo for an LLC, but when it was time to pay my agreed-upon fees, they ceased communication.

Our communication, agreement, and design-files, were all exchanged via e-mail. Also I have included "Copyright 2018 name" in my initial file-proposals. Lastly, I am not located in the U.S.

What can I do to claim my fees?

Benton R Patterson III
Benton R Patterson III
answered on Apr 23, 2018

If you have not been paid for your work under a valid contract, you should contact an attorney in the US about collecting what is owed to you.

1 Answer | Asked in Copyright and Trademark on
Q: Can I call my company "LORAX Construction" without infringing on Dr. Seuss copyright? (I'll be operating in Canada)
Benton R Patterson III
Benton R Patterson III
answered on Apr 23, 2018

Probably so, as long as you do not make reference to the Dr. Seuss character in another way. Although, that does not mean you are clear to use the name as your trademark. You should speak with a trademark attorney in Canada on clearing the LORAX mark.

1 Answer | Asked in Trademark for California on
Q: Hi, how can I find out if our Company's name is already trademarked, or if its just logo that is trademarked?
Benton R Patterson III
Benton R Patterson III
answered on Apr 23, 2018

The trademark registration lists what is claimed as a feature of the mark. Look in the Mark Drawing Code and the Description of the Mark sections of the registration. Keep in mind that many companies have multiple registrations. Even though one trademark may claim on the logo, there may be... View More

1 Answer | Asked in Business Formation and Business Law for Indiana on
Q: In an LLC, can members be anonymous to othwr members?

If a non management member doesnt want their information made available to other non management members, can that be done? Example, if a member doesnt want the other non management members to know their ownership percentage or capital investments, can that be with held from the other non management... View More

Benton R Patterson III
Benton R Patterson III
answered on Apr 20, 2018

An attorney would need to review the LLC operating agreement. It may be easier to multiple business entities to mask the owner's identify. You should speak with a local business attorney.

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions on
Q: Can I legally set up an online private exchange for the stocks of a family owned company?

The exchange will only deal with the stocks of a single company. And that holding group can be newly incorporated to allow it to have that ability. The main key feature is shifting ownership based on the digital "buy" "sell" buttons.

Benton R Patterson III
Benton R Patterson III
answered on Apr 20, 2018

This is likely subject to SEC regulation. You should speak with a securities lawyer before setting up a share exchange.

1 Answer | Asked in Copyright for New York on
Q: What are the risks when using free stock photos for publications? Sites like unsplash, pixabay. stocksnap.io, pexels

I'm creating a cookbook which will be sold online and in stores. I will be buying the photos I can't find on the free stock photo sites but what loopholes can I expect? Last thing I want is to spend thousands to publish a book only to have someone claim rights to a photo.

Benton R Patterson III
Benton R Patterson III
answered on Apr 20, 2018

The risk is that the person who submitted the photo to the site never had the rights in the first place. The true owner could then sue you. Make sure you work with reputable, well established companies that own the photos.

1 Answer | Asked in Copyright for Texas on
Q: Reality show I was in used an instr. portion of my original song performed on the show. Am I entitled to any royalties?

I wrote the song a few years before the show, but have not registered it officially. The song plays for about 15 seconds at the end of the episode.

Benton R Patterson III
Benton R Patterson III
answered on Apr 20, 2018

Possibly. An attorney would need to review the contract and other documents between you and the television show company to answer this question. Most television production companies will include a clause permitting them to use the content.

1 Answer | Asked in Real Estate Law, Business Law and Business Formation for Texas on
Q: Do we need to start a new LLC for a building and land in TX and do we need both in the new LLC's name?

Our accountant is advising us to move the newly constructed office/warehouse building that our company built into another LLC for protection. The one issue that she had was that the building was built on one of the partners properties and it is still legally in his name but the building was build... View More

Benton R Patterson III
Benton R Patterson III
answered on Apr 20, 2018

Texas law does not require you to put the building in an LLC, although doing so may provide liability protection. An attorney would need to understand the entire situation and review the title documents to advise on how to structure the LLC and what assets it should hold.

1 Answer | Asked in Business Law for Texas on
Q: if a person is member of two LLCs and one gets a loan and defaults. can collectors come after the other LLC ?
Benton R Patterson III
Benton R Patterson III
answered on Apr 20, 2018

This is not common, but possible. An attorney would need to review the loan documents and know more about how the two entity are related to answer this question for sure.

1 Answer | Asked in Banking, Business Law and Real Estate Law for Texas on
Q: I am using cryptocurrency investment profit for closing costs. They dont accept it.

I have an account with a government regulated US company for cryptocurrency investments (Coinbase Inc.) and the lender do not want to take my money to cover the closing costs because they do not understand what cryptocurrency is. Is this possible and legal?

Benton R Patterson III
Benton R Patterson III
answered on Apr 20, 2018

In Texas, businesses do not have to accept cryptocurrency as payment. Your best bet is probably to sell the cryptocurrency for US dollars and transfer the money to a standard bank account.

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