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My company is currently registered in the UK. It's based entirely online with international customers. Our model perfectly fits the description of a PBC and it would send a very clear message to our customers and shareholders. Unfortunately there is no equivalent in Europe.
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answered on Sep 13, 2017
You can register a business in California as a foreign corporation. However, It seems as though you would need to set up a new corporation in California to use the new form of entity. It is possible that you would want to set up a PBC. That is a not-for-profit entity. A more recent form of entity... View More 
I am a graphic designer in video games.
My former employer is asking me to remove images of a game I have worked on from my online portfolio. These images are taken from the published game (no confidential material).
Can I safely decline to edit my portfolio?
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answered on Sep 12, 2017
To the extent that the question lays out facts, it appears that you created the images as part of your employment. There is a good chance that the employer owns the copyright in the images. You may wish to ask the employer if you can use the images along with an acknowledgement of the... View More
I decided I want to build software that teaches you how to play drums, and will hire different drum teachers to find best way to create a curriculum. (Primarily for myself, but may make available to public). To avoid one of those teachers stating I stole ideas and they may be entitled to software... View More
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answered on Sep 11, 2017
There are many legal issues: copyright, trade secrets, right of publicity, and contracts for openers. One very good tool is a consulting services agreement with each drum teacher. This will do a great deal to assure that you and the drum teacher both understand what rights you will and will not... View More
Say i copy the Samsung brand and i just alter the text in it to e.g. Microphone, while using the same font, can i then use it in order to sell phones or other products for my own profit without it being considered copyright infringement on the brand?
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answered on Sep 10, 2017
Just about the only reason it would not be considered copyright infringement is because it would appear to be trademark infringement. If there is a likelihood that you would create confusion as to the source of the goods, there is a likelihood that Samsung would be quite unhappy. It would not be... View More
- but it's for a different use. Have they infringed?
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answered on Sep 8, 2017
It depends on what the claims of your patent recite. See if they describe the other item. Is there a corresponding product? If this answer is not clear to you, it is unlikely that you will be able to address this without consulting a patent attorney.
See the disclaimer at the bottom of this page.
I want to make sure that as I build my team, my idea is protected and not stolen.
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answered on Aug 30, 2017
This is a copyright and trade secret question. A trademark is a brand name.
Copyrights generally do not protect ideas. The protection is for particular forms of expression. There is a doctrine called "scenes a faire." These are general situations that are not unique in life.... View More
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answered on Aug 29, 2017
Under many circumstances, formation of an LLC will protect a member from personal liability for judgments against the LLC. However, there are many grounds on which an LLC member can be held personally liable. For example, not being qualified to do business in a US state or a European country is one... View More
I would like to be given ownership of the designs and would take complete control and profit from it. what contacts will i need to have signed or made? is this even possible?
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answered on Aug 28, 2017
It is possible to have ownership in a design you pay for. A "work for hire" is owned by the entity that pays for the work. However, that is not the only way to own the work. For example, you can have ownership transferred to you by contract. When the copyright registration application is... View More
We have some emoji pillows and key chains products,we find the word "emoji" registered as a trademark. But some people say emoji is a common word, so it is not protected and everyone can use, while some say no.
So, can I use this word on my product title and description? Products... View More
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answered on Aug 25, 2017
If you have found "emoji" registered as a trademark, it should be treated as such. There are many dictionary words that are common, e.g., windows, apple, and Tesla. Context makes a huge difference. Use of a trademark in a manner that will cause a likelihood of confusion in the marketplace... View More
I own a trademark for a popular Los Angeles tourism service that has an established fan base and website attracting thousand of visitors daily. The name is synonymous with Hollywood and people recognize it the moment they see/hear it. I'm looking for ways to capitalize on the brand name by... View More
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answered on Aug 25, 2017
You can work with an intellectual property attorney to develop a package before you contact companies that seek licensing deals for intellectual property owners.
A spray painting section of doors has been added to our shop, just want to make sure we are compliant.
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answered on Aug 24, 2017
The most significant consideration may be Occupational Safety and Health Administration (OSHA) regulations. OSHA covers most private sector employers and their workers in all 50 states. Spray painting is hazardous to employees' health. OHSA has regulations relating to spray painting operations... View More
If majority of share holders want to dissolve and no response from minority, can we dissolve the company without them? The LLC was formed in California.
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answered on Aug 22, 2017
Generally, the rights of minority shareholders cannot be ignored. The minority shareholders could claim you never contacted them. Have you actually contacted them in a way in which you can document a non-response? At a minimum, certified mail - return receipt requested should be used.
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answered on Aug 21, 2017
I do not know if there is a best online service. It depends on your objective. If you want "cheap", you will find it. If you go to an attorney, you can get advice on strategy for best protecting your market An attorney can help make a selection for protecting combined word and design... View More
Consider that a provisional application for patent was submitted to the USPTO and the corporation that submitted the provisional has since been dissolved. Further consider that an employee assigned over any patent rights prior to dissolution. How is the provisional application managed thereafter... View More
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answered on Aug 21, 2017
The provisional patent application should belong to the company. The provisional patent application is part of the property to distribute much like the corporation's chairs and subscriptions. Provisional patent applications expire after a year. They are not published. In effect, they just go... View More
If a client asked me to deposit cash into a bank account and I knew it could be considered money laundering but did it anyway and used my ID at the bank to deposit the cash, can I be found guilty along with them?
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answered on Aug 21, 2017
There is already an excellent legal analysis above. As a practical matter, if the hypothetical person knew it could be money laundering, it would be pretty hard to come up with an excuse as to why he or she acted innocently. Did the person get compensated? Was the deposit large? It is reasonably... View More
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answered on Aug 20, 2017
Under Title 18 of the United States code, the Federal criminal code,“minor” means any person under the age of eighteen years. Under the California criminal code, possession of child porn relates to a representation of a child who is under 18. The statutes do not discuss the roles played by the... View More
Spouse wants me to walk away from their business because they are afraid I'll go after it. I don't understand what they mean by, "go after the business"- I don't understand what I could get out of it. We are in California.
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answered on Aug 20, 2017
California is a "community property" state. There are detailed rules that determine which spouse owns what. Property may be separate property or community property. There is a possibility that you may share in your spouse's ownership interest in the business. Your question does not... View More
I see several companies out there doing the same, or similar, basic idea use of magnets to close shirts together. I see Magna Ready says they've patented the use of magnets. But it seems unrealistic, given that it's a utilitarian use for all, that would mean no one else is allowed to use... View More
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answered on Aug 20, 2017
Patents are awarded for new, useful and non-obvious inventions. At the end of the patent, there are run-on sentences called claims. The attorney and the patent examiner work out an understanding of how many distinctions must be recited in the claims in order to merit award of a patent. To determine... View More
If possible, my concern is for the last 3 digits. I want them to be interchangeable, but can't obviously buy all variations any 3 digits/numbers. Could I trademark the first 5, which will be consistent, not changing, and secure the ever-changing last 3 with one trademark? The reason I ask... View More
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answered on Aug 19, 2017
A trademark functions to identify the source of the goods. It is a brand name. A design of a t-shirt might not be a band name. The Trademark Manual of Examining Procedure states, "Subject matter that is merely a decorative feature does not identify and distinguish the applicant’s goods and,... View More
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answered on Aug 18, 2017
Trademarks are symbols or text that uniquely associated with the source of the goods or services. This is generally referred to as a brand name. If it is just a clever saying, it is not a trademark. A phrase can be a trademark, e.g., "I can't believe it's not butter," because it... View More
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