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Questions Answered by Robert P. Cogan
1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: How do I research a phrase for trademark? How can I trademark a phrase?
Robert P. Cogan
Robert P. Cogan
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

1 Answer | Asked in Trademark for California on
Q: Doing an Intent to Use Service Trademark. Must I send specimen for each class (41) description used?

I'm using International class 41 (for a service mark) --- I'm singer and perform live...I also act...and intend to do an online podcast about music in the future. Even though it's all under international class (41) Will listing too many descriptions under that class draw a flag... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 18, 2017

The examples of singing or a podcast do not seem to service mark specimens. Service marks are generally brand names used in promoting a service. The specimen should demonstrate this promotion. You can see tutorial material at www.uspto.gov. Here, there may be great difficulty in pursuing a service... View More

1 Answer | Asked in Employment Law and Business Law for California on
Q: trying to find a way to hire1099 and no w2.

opening a similar business like Uber and lyft. All IRS questions about 1099 vs w2 are good for 1099 but 1. The Question do you have your own tools or employer's. So in my business we give them the car. Is there any way to hire 1099 ?

Robert P. Cogan
Robert P. Cogan
answered on Aug 16, 2017

There are fairly well-defined methods for deciding whether someone is an independent contractor or an employee. It sounds like you used a checklist. That is helpful but not may not be binding. IRS has "Publications" which address many issues in detail. It seems as though you need help.... View More

2 Answers | Asked in Business Law for California on
Q: What are the laws in California for using a virtual office or home for business purposes? Is it allowed?

Started a small business (corporation), don't have a physical office, but want to use a virtual one or home address. Would this be okay with government agencies like the IRS, USCIS? And what about a USPS/UPS based address?

Robert P. Cogan
Robert P. Cogan
answered on Aug 16, 2017

This is a rather open-ended question. Many corporations use an office services address or a home address. IRS has rules regarding whether you can deduct expenses of a home office. USCIS has rules about whether your business plan justifies a visa. There are different rules for different visas, e.g.,... View More

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4 Answers | Asked in Civil Litigation for California on
Q: Is an attorney required in order for a Corporation to file a Limited Civil case in Los Angeles county?
Robert P. Cogan
Robert P. Cogan
answered on Aug 20, 2017

I think Mr. Dorfman's answer is excellent.

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2 Answers | Asked in Copyright, Civil Rights, Constitutional Law and Intellectual Property for California on
Q: Can a photographer be sued for doing non sexual photoshoot of minor without parental consent inside the minor's home?

Did a non sexual, harmless fashion photoshoot of a minor inside their house without parental consent. Now they are threatening to file lawsuit. Should I be worried?

Robert P. Cogan
Robert P. Cogan
answered on Aug 15, 2017

Are you sure this is a copyright question? What are they threatening to sue you for? What were doing inside their house with a minor without their consent? All of the facts must be spelled out in detail. How do you know it was harmless? That may not be for you to decide. You could potentially have... View More

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1 Answer | Asked in Trademark for California on
Q: Can we use "Good To Great Photos" for a photo editor or will this conflict with the "Good to Great" book trademark?

For an online photo editing service, can we use "Good To Great Photos" or will this be breaking copyrights or trademark of the Good To Great Book written by Jim Collins?

Robert P. Cogan
Robert P. Cogan
answered on Aug 14, 2017

More facts are needed to address the question. These include how each party is using the words. The basic standard is whether or not use of your trademark will cause a likelihood of confusion in the marketplace as to the source of the goods or services. The question assumes that "Good To... View More

3 Answers | Asked in Products Liability for California on
Q: What is my legal risk if someone gets injured from a product prototype I'm building - I'm still testing it.
Robert P. Cogan
Robert P. Cogan
answered on Aug 11, 2017

It is possible for a builder of a prototype to be fully liable.

How would the person be injured? By using it? By walking past your shop? Are you aware of precautions you could take?

How much money will you put at risk? Consulting an attorney would probably cost a lot less....
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2 Answers | Asked in Trademark for California on
Q: Hi...I am doing an intent to use trademark application. Are those two separate fee?

Will I be paying one fee for the band's name and another because I upload a logo? Or will it just be one fee because...the band name is in the logo which automatically trademark's the band's name as well?

Thank you

Robert P. Cogan
Robert P. Cogan
answered on Aug 11, 2017

Trademark registration applications require applicants to select whether or not they want to register the name apart from the logo. You would probably need to ask an attorney what difference the selection makes. See tutorial material at www.uspto.gov.

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1 Answer | Asked in Business Formation, Business Law and Trademark for California on
Q: Can I dissolve my LLC Partnership but keep my business name?

I had a DBA name as a sole proprietor for a few years, then reorganized to a CA LLC (partnership) with my husband. We trademarked the business name and one of its products while being an LLC.

We are divorcing and I am moving to another state. We want the business to go back to me as a... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 9, 2017

Trademarks are "good" if they are uniquely associated with the source of goods and services. The trademark should be owned by the entity that is using it. Trademarks and LLCs are forms of property. A divorce property settlement can determine who will own different pieces of property. An... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Hello. I would like to ask if the japanese red bean cake's shape(somewhat thin cylinder) is patented? Thank you.

The cake has a little bit of similarities with pancakes or waffles. It can be seen on youtube. I think there are patented red bean cake makers/machines out there. I would also like to ask if can I make my own red bean cake maker/machine that makes the same shape of a regular red bean cake(thin... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 9, 2017

If you are doing this as a hobby, there is a possibility that this might not matter. If you are going to invest money in a new business, it is likely that consulting an attorney would be a good idea. The few facts given in the question seem to indicate that there may be issues involved in addition... View More

1 Answer | Asked in Lemon Law for California on
Q: Do product defects that require recalls on cars fall under the scope of lemon law if the car is rendered undrivable?
Robert P. Cogan
Robert P. Cogan
answered on Aug 9, 2017

To fall under the scope of the lemon law, a car must be a lemon. The general idea is that a car is a lemon if it cannot be fixed with a reasonable degree of effort. The actual definition of a lemon in the lemon law is complicated. If the car can be repaired in one servicing, it may well not be a... View More

2 Answers | Asked in Mergers & Acquisitions for California on
Q: If I decide to merge my company with another local business, can I still manage my own employees?
Robert P. Cogan
Robert P. Cogan
answered on Aug 9, 2017

Often in the case of a merger, the employees are not your own anymore. They are employees of the merged company. Before the merger, you need to work out (in writing) what the responsibilities of each officer will be.

See the disclaimer at the bottom of the page.

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1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: For a copyright lawyer: Which liscenses do I have to get when posting music covers on Youtube?

Looking for some advice from a copyright lawyer that I can potentially stake my life on.

I know for covers in general, licenses discussed are usually mechanical, sync, and I've seen mentions of Master Use licenses.

For posting a cover purely on Youtube, without monetization,... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 7, 2017

"Looking for some advice from a copyright lawyer that I can potentially stake my life on." Did you want this for free? Did you want an answer that was short enough to fit in this box? Did you want the attorney to answer this without getting further information? It is possible that your... View More

1 Answer | Asked in Trademark for California on
Q: I need to oppose an trademarks application. How do you do that?
Robert P. Cogan
Robert P. Cogan
answered on Aug 7, 2017

This is generally not done without an attorney. However, there is a good deal of tutorial information at www.uspto.gov.

See disclaimer at the bottom of this page.

1 Answer | Asked in Copyright for California on
Q: Would I infringe copyright if I used the shape of an Iron man helmet for a totally custom one for public appeareances?

What I mean is, If I made a totally custom helmet, BUT with the shape of an iron man helmet, would that infringe copyright?

Robert P. Cogan
Robert P. Cogan
answered on Aug 7, 2017

The question seems to include a contradiction. If a helmet is designed to simulate another helmet, it is not totally custom. One element that may be considered in a copyright infringement analysis is whether the new work contains elements of originality of the first work. If someone wants to take... View More

2 Answers | Asked in Consumer Law, Contracts, Copyright and Employment Law for California on
Q: Hello, my question is based on software developers, and application ownership and protection of application's the idea.

Hello, my question is basically based on software developers, and I was wondering if you could help me know a few things I would really have to know.So the thing is, I want to hire a software developer to build a mobile application for me and I am really worried about the payment process in that,... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 9, 2017

You have to decide how you want to do business. The developer could be worried that you may not want to take delivery and pay after he spends the time and effort to do the development.

The legal issues need to be addressed by an attorney.

See the disclaimer at the bottom of the page.

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3 Answers | Asked in Copyright for California on
Q: Is the image under fair use if the person is posting it in his website for educational purposes? Ex: profitable plants.

Is educational purpose the same with informative purpose and is it still under fair use if it is at the same time for profit?

Robert P. Cogan
Robert P. Cogan
answered on Aug 7, 2017

There appears to be an assumption here that copying is fair use if it is done for educational purposes. Many times when a copier assumes that a use is fair, the use is not fair. Copying is copying. There are rules for determining if copying is a fair use. Many copyright proprietors charge a lower... View More

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1 Answer | Asked in Trademark for California on
Q: Am I able to file a trademark if another exists with the same name, but we're doing different services?
Robert P. Cogan
Robert P. Cogan
answered on Aug 4, 2017

It depends on how different the services are. The standard is whether there will be a likelihood of confusion in the market place as to the source of the services. Even if the services are different, they could be sufficiently related to cause a likelihood of confusion. Do the two services have... View More

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: How long does it typically take the patent office to review a patent?
Robert P. Cogan
Robert P. Cogan
answered on Aug 4, 2017

"Special" status is granted in a limited number of situations. Patent prosecution may take under a year. Special status is granted to inventors who are over 65 years of age. There is also a pilot program in which expedited status is granted for a payment of $4,000 upon filing.

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