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Questions Answered by Robert P. Cogan
1 Answer | Asked in Contracts and Entertainment / Sports for New York on
Q: Can I collect a finders fee as a "Consultant" for introducing an investor to a producer for an animated tv series in NY?

New York governance in the agreement

Robert P. Cogan
Robert P. Cogan
answered on Aug 3, 2017

If the introduction has not been made yet, a Finder's Fee Agreement is a good way to protect the consultant. There are formulas that are recognized as appropriate for determining the amount to pay the consultant.

If the introduction has already been made, it is necessary to consider...
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1 Answer | Asked in Immigration Law and Tax Law for California on
Q: How a B1/B2 visa holder will get taxpayer ID as soon as possible?

I'm in US now for about a month. I want to start selling on Amazon.com and the website requiring Tax Information eg. US bank account No. + SSN / ITIN / EIN. If I open US bank account How I can get a taxpayer ID?

If the following would help:

- Last time I been in US in 2014 for... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 2, 2017

A person who does not have a United States Social Security Number generally needs an ITIN before applying for an EIN. The EIN is the tax number that the commercial concerns are generally looking for.

You apply for an ITIN by filing an IRS Form W-7.

See the disclaimer at the bottom of the page.

2 Answers | Asked in Intellectual Property for California on
Q: If someone violates my intellectual property rights and benefits from it, how do courts assess my financial damages?
Robert P. Cogan
Robert P. Cogan
answered on Aug 2, 2017

Different measures of damages are considered with respect to different types of intellectual property. These can include "reasonable royalty rate," attorneys' fees in "exceptional" cases, lost profits, double or treble damages in a severe case, or an assessment against the... View More

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1 Answer | Asked in Trademark for California on
Q: Should I bother getting a trademark for a device that does not work, and is totally for fun, like the pet rock was?

This is a product that has no practical value, but presents itself as "serious." It is a spoof only. But still, should I be concerned about copycats, and persons trying to steal the idea and name? Thanks.

Robert P. Cogan
Robert P. Cogan
answered on Aug 1, 2017

A trademark can protect a brand name but not ideas. It a product will be sold, protection should be considered. If the product will not be sold, then some consideration should be given as to why to bother to protect it.

See disclaimer at the bottom of the page.

1 Answer | Asked in Banking, Personal Injury and Workers' Compensation for California on
Q: Should I sign a Ietter i received a Settlement offer (Stipulation With Request For Award, further known as Stips)?

I received the letter 6/24/16 & 12/08/16(this time with check enclosed). It mentioned future medical. I didn't sign or cash check because I'm still getting treated for pain. Just received a new letter asking if I need it reissued. Should I sign it or contact adjuster? I want the... View More

Robert P. Cogan
Robert P. Cogan
answered on Jul 31, 2017

It is generally a bad idea to sign something you do not understand. The adjuster is probably working for the "other side" and may not have your best interests at heart.

It is not possible to comment on the letter without seeing it. It would seem to be a false economy to try to...
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1 Answer | Asked in Immigration Law and Tax Law for California on
Q: I´m on an F1 visa and a company offered me the 1099. Is it legal? Do I have to file taxes? How will USCS find out?

How risky it is for me to work on a 1099 and then not filing taxes?

Robert P. Cogan
Robert P. Cogan
answered on Jul 31, 2017

If income meets certain requirements, a tax return must be filed with both the California FTB and the IRS. These two organizations exchange information. Also, the United States maintains the Student and Exchange Visitor Information System (SEVIS). It is a Web-based system that the U.S. Department... View More

2 Answers | Asked in Real Estate Law, Tax Law and Immigration Law for California on
Q: I'm a Swedish citizen on H1B in the US. I'm looking to buy a property in Spain for investment purpose (rental income).

1. Will I need to pay taxes in the US on rental income or only in Spain? 2. Will my mortgage (assuming I borrow money in the US) be deductible?

Robert P. Cogan
Robert P. Cogan
answered on Jul 27, 2017

The answer, of course, is "it depends." There may be more facts beyond what is included in the question. One good information source is www.IRS.gov. The IRS provides many publications that deal with evaluating your situation and how to comply with US tax laws. If you are not sure about... View More

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1 Answer | Asked in Business Law, Copyright, Entertainment / Sports and Business Formation for California on
Q: Can I start an organization in the name of a deceased public figure?

The Foundation for the person in question (Kathryn Kuhlman) recently shut down, and she has no immediate offspring such as children.

Robert P. Cogan
Robert P. Cogan
answered on Jul 27, 2017

Questions to be considered include whether your organization would be confused with the Foundation and how to avoid confusion. It also has to be determined if use of the name would violate rights of others, even for the name of a deceased person with no immediate offspring. This can get tricky.

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: If you design a garment based on a picture but you drafted the pattern with subtle changes. Is it infringing?

I designed a garment based on a picture at the time the picture appeared to be from the 1930's however. It was been brought to my attention it's a more current print circa 2013. The garment I made and the pattern were drafted by me, yes it is Inspired but it cannot be virtually the... View More

Robert P. Cogan
Robert P. Cogan
answered on Jul 27, 2017

Of course, more specific facts are required to answer the question. Here are some considerations.

A work that is "inspired" by another work may be a "derivative work." In the right fact situation, a derivative work can infringe a copyright. The derivative work need not...
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2 Answers | Asked in Antitrust for California on
Q: Can I sell my products to some distributors at a lower price than others?
Robert P. Cogan
Robert P. Cogan
answered on Jul 31, 2017

An antitrust issue might be present if there is an effect on competition. Sometimes, your cost of doing business justifies a price difference. A distributor who buys 100,000 units normally gets a lower price than a distributor who buys 10,000 units.

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2 Answers | Asked in Civil Litigation for California on
Q: I need to serve summons in pro per; district court. Can I serve the paper summons with the long complaint etc on DVD?

Central District of California / Los Angeles

Robert P. Cogan
Robert P. Cogan
answered on Jul 28, 2017

The District Court has its own website with a great deal of information: https://www.cacd.uscourts.gov/

If you are proceeding in pro per, it is an important resource. You can also call the court clerk.

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2 Answers | Asked in Internet Law for California on
Q: Can you be held liable as an accomplice for a theft committed by someone you've only met and chatted with online?
Robert P. Cogan
Robert P. Cogan
answered on Jul 28, 2017

The question seems to imply that there are some missing facts. There are concepts such as being an accessory or a conspirator. It is good to know if these can be ruled out. One might want to consider the cost of consulting with an attorney versus having to worry about whether there might be a... View More

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2 Answers | Asked in Contracts, Copyright, Intellectual Property and Trademark for California on
Q: Can I show screenshots of mobile apps I'm creating for a company I currently work for on LinkedIn?
Robert P. Cogan
Robert P. Cogan
answered on Jul 28, 2017

You may wish to consider if it will hurt your company's competitive position if you show the screenshots while you are still working on them. This matters.

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1 Answer | Asked in Health Care Law for California on
Q: Is this Hipaa Violation-A family member asked my dentist to verify if I was seen on spec dates. They released info.

Said family member is not listed on my release forms to receive any info about my care nor are they an emergency contact.

Robert P. Cogan
Robert P. Cogan
answered on Jul 24, 2017

At first blush, it seems to be a HIPAA violation. The dentist would have to try to find some justification. This could be difficult.

1 Answer | Asked in Securities Law and Landlord - Tenant for California on
Q: Hi,my tenant in Ohio terminated lease agreement, I want to return security deposit should I pay interest to him?

If yes how much is rate now? also in our lease agreement doesn't say anything about paying interest to security deposit.

thank you

Robert P. Cogan
Robert P. Cogan
answered on Jul 24, 2017

Generally, security deposits are returned without interest. Deposits are placed to cover possible damage. Deposits are not an investment.

1 Answer | Asked in Entertainment / Sports for California on
Q: I am looking for the California labor law pertaining to rendering payment for personal working on a TV production.

The company never came up with deal memo's or contracts prior to production. Though we should be on payroll, they insisted we send invoices. It has been over 70 days with no payment and the company states they are within the law, since we did not have a signed contract.

Robert P. Cogan
Robert P. Cogan
answered on Jul 24, 2017

The company's position seems to be unsupported. It is impossible to know without listing all the facts. What was the work? Should you have been an employee? Other factors besides labor include contract law and civil procedure. Based on your question it seems unlikely that quoting a statute to... View More

2 Answers | Asked in Entertainment / Sports for California on
Q: Do agents have any legal obligations to you once you've signed with one?
Robert P. Cogan
Robert P. Cogan
answered on Jul 24, 2017

If you have signed with an agent it means that there is a contract. Contracts includes terms and conditions. Usually the terms specify the legal obligations of both you and the agent. There also may be obligations that apply under the law even if they are not spelled out in the contract. It appears... View More

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2 Answers | Asked in Copyright and Business Formation for California on
Q: Am i violating copyrights if i sell items with "movie dialogues"/movie character's sketches printed on them?
Robert P. Cogan
Robert P. Cogan
answered on Jul 24, 2017

Maybe. This is not a yes-no question. It is essential to know exactly what you are doing. You do not have to copy an entire script to infringe a copyright. Sometimes copying just a few lines is enough. Many people try to say that their copying is "fair use." Very often it is not. Who... View More

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2 Answers | Asked in Consumer Law, Copyright and Business Formation for California on
Q: So could I make a clothing name called illuminati?
Robert P. Cogan
Robert P. Cogan
answered on Jul 24, 2017

Physically, you could. However, you want to find out if anybody else has the legal right to stop you from using the name or even try to get money from you.

This generally requires performance of a trademark search. It is best to consult an attorney because many different criteria must be...
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3 Answers | Asked in Business Law and Civil Litigation for California on
Q: Once I answer a filed lawsuit and file a cross complaint, do I have a 10 day window to submit discovery?
Robert P. Cogan
Robert P. Cogan
answered on Jul 31, 2017

The Los Angeles Superior Court has a website which can provide guidance.

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