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Questions Answered by Marcos Garciaacosta
2 Answers | Asked in Contracts and Collections for Arizona on
Q: Can I be sued for a company loan?

In June 2017 I was president (in name only) of a company located in Phoenix Arizona. In April 2017 the company took out a $10,000 loan for business purposes, however, in June 2017 the company ceased doing business.

The loan was from a company in California. The loan was issued in April 2017... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 20, 2023

You should consult with an attorney.

There are a lot of red flags. And you may be sued just because that is the only name they could contact or locate. You should also review the contract to see how you are implicated.

Also, if they sue and you do nothing you may lose by default....
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5 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: I have an idea that I would like to check if it is already patented. How do I find out? Do I have to pay anyways?

This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 18, 2023

You should have a paid consultation with an attorney who can explain to you the process. You can do searches yourself at USPTO or google, and USPTO also offers articles and videos that explain the process. Best luck.

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4 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: If I trademark my companies name, do I have to trademark the LLC portion as well?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 17, 2023

Most likely if LLC is part of the brand you want to protect, like Ms. Suero said, you should register as you plan to use or promote.

You should book an appointment with an attorney.

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2 Answers | Asked in Copyright and Gaming for California on
Q: I'm an underage game developer on Roblox. I didn't get fully paid. Is the content I made still legally mine?

I was told I would be paid a commission fee and a percentage of revenue. I only received the commission and was told I would not get my percentage. The exact role I had was the lead animator. I took the animations from one program and edited them before importing them into the game engine. In... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 17, 2023

You should definitely seek the counsel of an attorney.

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2 Answers | Asked in Copyright on
Q: In my will I’ve requested that my book not to be made into a film. Can anyone overturn this request.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 14, 2023

Maybe. You should consider paying for a consultation with an attorney.

You may need a trust, and have proper copyrights in place.

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2 Answers | Asked in Copyright for Texas on
Q: I want to create my Gym Clothing line with the name GYMBARBIE is this a copyright infringement?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 17, 2023

I agree with my colleague. Further almost any use of Barbie will be scrutinized and possibly opposed.

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3 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Should I file a TEAS Plus or Standard if the class IC029 has a close description of my product but is not exact?

IC 029 states "prepared meals consisting primarily of meat substitutes".. my product is plant-based snack consist of plant-based deli, cheese, and crackers (AKA Vegan Lunchables). So should I file a TEAS Plus with class 029 or TEAS Standard?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 12, 2023

The difference in price is not that much, so you should do whatever feels most flexible to you.

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5 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: I did a TESS search for a trademark filing. Found one live match but their word mark is longer than my name. Is that ok?

My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 10, 2023

You should consult with an attorney to understand your risks.

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4 Answers | Asked in Intellectual Property, Trademark and Copyright for Florida on
Q: Do I need 2 copyrights if I intend to sell my logo on hats as well as stickers?

I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 10, 2023

Consult with an attorney as indeed you may need to file for several classes.

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4 Answers | Asked in Trademark and Intellectual Property on
Q: Trademark for Lacoste is cancelled or not?

This information is regarding to a assignment on trademark of the particular topic. I had choose Lacoste as my topic. So i would like to get the information about the trademark of lacoste.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 10, 2023

go to USPTO and do a search for the name. IT should give you a good idea.

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2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law on
Q: is piracy possibly legal in nova scotia, Canada IF it isn't done with the intent to profit or distribute

if i wanted to download a movie with no intent to profit or distribute it and only use it for personal use, would it be legal piracy?, from my understanding its the intent to profit and distribute that causes problems

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 8, 2023

No. don't do it.

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1 Answer | Asked in Consumer Law and Copyright for Florida on
Q: Hi, is it legal to list items from Etsy on Ebay and then purchase them from Etsy when someone buys them from me on Ebay?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 8, 2023

Maybe. You should consult with an attorney.

It may depend on the limitations of the original seller.

1 Answer | Asked in Business Law and Copyright on
Q: Can i use a drawing of grumpy cat ,that i made, for a "print on demand" business?

It's a drawing ,not a picture, and the words "grumpy cat" doesn't appear anywhere on the drawing. Can i use my drawing to print it on shirts and stuff, do i need to avoid using the words "grumpy cat" or is it forbidden to use any image related to "grumpy cat"?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 7, 2023

Maybe, depends on a number of factors related to the photo, drawing or design of the cat.

You should consult with an attorney to determine the risks.

3 Answers | Asked in Trademark on
Q: I want to book trademark with name flick but there is also a trademark with name flickr so is there any issues?

and can i regsiter domain with flick.io when there is a trademark with flickr not flick

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 7, 2023

Maybe, it depends on what kind of product or services the other mark covers and what you want to use it for. And your domain name can be stripped from you.

Consult with an attorney.

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2 Answers | Asked in Copyright, Business Law and Intellectual Property for Nebraska on
Q: Can I use a picture of myself with a camera (brand visible) on my photography business card or should I cover the brand?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 5, 2023

To be safe cover the brand.

Consult with an attorney for a legal analysis of your case.

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5 Answers | Asked in Patents (Intellectual Property) and Trademark for Minnesota on
Q: I plan to release a game soon. Can you give me best practices regarding patenting and trademarking?

Our game is ready to be released soon, the trademark process can be complex, and I wanted to seek the advice of a qualified trademark attorney to ensure my application on the USPTO website is handled correctly. Thanks for your time

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 3, 2023

You should consult with an attorney. You should discuss the names, brands you want to protect previous to launch and apply for the ones with a best chance before the launch of the product. Give yourself about 12 months for the whole process.

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3 Answers | Asked in Trademark and Intellectual Property on
Q: I have trademarks registered for 3 alcohol brands. Do these expire and require renewing?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 3, 2023

In essence yes, all of them will need to be renewed at some point.

Check with an attorney for details.

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: How will trademark/copyright law affect my existing Facebook page as I separate from an association I worked for?

I managed a construction industry training program for installers. We marketed training, coordinated venues & delivered the training. I used a Facebook page I started for the purpose. This was approved and accepted by association for 15 years. I took pictures of classes, students with their... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 3, 2023

Depends on what assets you are referring to, when you took them, under whose orders you did.

Very possible that you do not own the rights. But you should consult with an attorney.

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Massachusetts on
Q: Can I register as a part of my logo and brand name, the city name where I am located? For example, XYZ Shoes, Boston?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 3, 2023

You can. Whether it will be approved or not depends on the overall context of your mark. You should consult with an attorney.

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