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Questions Answered by Michael Gerity
1 Answer | Asked in Copyright for Arizona on
Q: Copyright Lawsuit - ESI

Four months prior to filing my lawsuit as a pro se litigant, I wrote a letter to the company I am now suing requesting preservation of ESI (in particular, security video). I also sent a second notice months after the filing of the case. Both letters were sent via certified mail. That security video... Read more »

Michael Gerity
Michael Gerity answered on Sep 24, 2020

Well, this isn't really a copyright question, but an evidentiary question. The failure to preserve or produce relevant evidence in a civil case can have consequences to the party who failed to preserve/produce. The legal concept is called spoliation. You should research that topic to... Read more »

1 Answer | Asked in Trademark for Illinois on
Q: I would like if I didn't infringe any trademark right and I get suit, what can I do?

My paypal account got suspended, due to a court order below and I never receive any email from the law firm before. Also the claim is strange, I never use or produce any of those company products. As my company is base in Hong Kong how can I defense myself from this law suit?

Court: US... Read more »

Michael Gerity
Michael Gerity answered on Sep 18, 2020

Hello, and I'm sorry to hear that you have been sued. Unfortunately, a lawsuit in the US District Court is a very serious matter. There are lots of issues that you need to explore, and at minimum, you will need to respond to the Complaint (usually by filing an answer or motion to dismiss)... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I need to continue with my trademark registrations because it shows like this Status: 602 - Abandoned-Failure To Respond

i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?

Michael Gerity
Michael Gerity answered on Sep 11, 2020

The status 602 abandonment is specifically for failure to respond to an office action. An office action is a rejection issued by the examiner assigned to your application. Sometimes the rejections identify major problems with your application, and other times the problems are relatively minor and... Read more »

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2 Answers | Asked in Copyright and Trademark for California on
Q: Can I use the name “Lakers” on purple t-shirts?
Michael Gerity
Michael Gerity answered on Sep 18, 2020

This is a trademark issue, and the Lakers franchise has well-established trademarks on the Lakers name for use with clothing and other sporting goods. The question when analyzing trademark infringement is whether or not there is a reasonable likelihood of confusion as to the source of the goods in... Read more »

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2 Answers | Asked in Trademark for Mississippi on
Q: Sold our business. In the agreement we also sold the trademark. What does the new owner need to do to change ownership?
Michael Gerity
Michael Gerity answered on Sep 9, 2020

Mr. Brooks is correct. One thing to note is that transfers of trademarks without also transferring the goodwill are invalid as "assignments in gross." You cannot simply say that you have transferred the goodwill, but must actually do so, by transferring the related underlying assets, so... Read more »

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1 Answer | Asked in Trademark for Washington on
Q: May I know please whether if it is legal to register a special, long-standing word as a company's trademark!?

Hello,

A Word Mark named VIREMEDY and a Trademark as viRemedy have been cited on https://trademarks.justia.com/872/16/viremedy-87216579.html .

However, VIREMEDY has been the special name of a particular remedy since several years ago.

Everyone could simply search the Web for... Read more »

Michael Gerity
Michael Gerity answered on Sep 2, 2020

Hello. What is important to remember here is that a trademark is a word/phrase/logo that is used in association with the commercial offering of some kind of product or service. The association with a particular product or service is the key here, as there is no trademark without such an... Read more »

5 Answers | Asked in Bankruptcy for Arizona on
Q: Do attorney fees need to be paid in full before they file for bankruptcy in order to stop garnishments?

I am currently with a bankruptcy legal team and fees will not be completed till November. I have been summoned to pay garnishments. I spoke with attorney and they stayed fee needs to be paid in full in order to file Chapter 13 until then can not give cease / desist on my garnished paycheck. Just... Read more »

Michael Gerity
Michael Gerity answered on Sep 2, 2020

Hello. When seeking to stop garnishments, there are generally two options for personal bankruptcies, Chapter 7 and Chapter 13. You have to meet certain financial qualifications to file a Chapter 7, and maybe the attorney you spoke with already decided that you are not eligible, and would instead... Read more »

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3 Answers | Asked in Estate Planning for Arizona on
Q: Officiating intestate succession. Boyfriends father dord 08/18/20, no will, and small estate only.

Vehicle and some money, no other assets or debts. He and siblings are obviously heirs but do they need to officiate that they are? They need to get hos vehicle out of impound asap but only in dads name.

Michael Gerity
Michael Gerity answered on Sep 2, 2020

Hello. With no will (and actually even if there was a will), the father's estate would have to go through the court process called probate. When there is a will, the probate process allows the assets in the estate to be transferred according to the instructions in the will. Without a will,... Read more »

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2 Answers | Asked in Trademark for Arizona on
Q: If full send is trademarked, how would we go about getting full send AZ trademarked?
Michael Gerity
Michael Gerity answered on Sep 9, 2020

It's not clear from your question if you are referring to nationally registered trademarks, or filings in Arizona. This makes some difference to the issue. However, in general, you need to understand that a trademark provides protection to a word, phrase, logo, etc, ONLY as it relates to a... Read more »

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4 Answers | Asked in Estate Planning and Elder Law for Arizona on
Q: My father just passed, and we just realized that our step mom is not able to take care of her self.

What documents do we need to have her sign, so we can legaly take care of her estate if she were to pass and be able to pay her bills and any other issues regarding her.

Michael Gerity
Michael Gerity answered on Jun 11, 2020

Hello. I am sorry to hear of your loss, please accept my condolences.

The answer to your question would depend, in part, on what kind of estate planning your father had done. Your father's estate may have to go through the court process called probate in order to transfer assets to...
Read more »

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2 Answers | Asked in Trademark for Georgia on
Q: My trademark is labeled “dead” how to I make it active again?
Michael Gerity
Michael Gerity answered on May 7, 2018

A trademark can be marked as "dead" for a variety of reasons. If it is dead because the application or registration was abandoned, then there is no way to revive an abandoned federal trademark application, at least once the various grace periods have expired. The only option is to file a... Read more »

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1 Answer | Asked in Trademark for Florida on
Q: Hi. I did a trademark on "Phonyisms" and I think it has expired. What is the cost to get it active again> Thanks.
Michael Gerity
Michael Gerity answered on May 4, 2018

Hello. There is no way to revive an abandoned federal trademark application, at least once the various grace periods have expired. The only option is to file a completely new application.

***Please not the important disclaimers set forth at the bottom of this page.***

2 Answers | Asked in Trademark for Florida on
Q: How long does the trademark application and registration process usually take? Is it possible to expedite it?
Michael Gerity
Michael Gerity answered on May 3, 2018

Hello. The average length of time for a federal trademark application from filing date to final disposition (be that registration or denial) was 9.8 months as of last June, according to the US Patent and Trademark Office. There are a number of things that can influence this number dramatically,... Read more »

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1 Answer | Asked in Copyright and Trademark for Arizona on
Q: Can I use 'Bea Honeywell' as a stage name when there's a company called 'Honeywell'?

It's a burlesque performer name.

Michael Gerity
Michael Gerity answered on Apr 4, 2018

A trademark provides protection for a name, logo, slogan, etc., as it is used in conjunction with the sale of particular products and/or services. It is quite possible to have multiple trademarks that are the same or similar coexisting in the market, as long as there is no reasonable likelihood of... Read more »

1 Answer | Asked in Trademark for Arizona on
Q: Can I be sued for making shirts of a cactus person? Someone claims to have a trademark for a similar character

How can I know if they truly have a trademark/copyright? Can one single person own the concept of animal/plant heads on human bodies?

Michael Gerity
Michael Gerity answered on Apr 4, 2018

Understand that, in order to have viable trademark rights, either at the state or federal level, the user of a particular mark does not actually have to register their mark. This, then, makes it somewhat difficult for you to know the scope of any rights they may or may not have. If they actually... Read more »

1 Answer | Asked in Trademark for California on
Q: Hi there, what is the process to change the owner of a current Trademark?
Michael Gerity
Michael Gerity answered on Apr 4, 2018

In order to change the owner of an existing trademark, the usual process is to prepare an assignment agreement. The assignment agreement then has to be recorded with the US Patent and Trademark Office. However, be VERY careful when attempting to assign an active trademark. If you do not transfer... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: Copyright question: can I copyright a clever word combination to apply on mugs, caps, sweatshirts, etc.?

It would not be a product line, but simply applied to existing products that I would buy at wholesale, then resell at retail. The appeal would be in the applique, more than on the vehicle that carries it.

Michael Gerity
Michael Gerity answered on Apr 1, 2018

What you are describing is best protected with trademark, not copyright. You are describing selling products with a particular name/phrase/slogan attached to them, which is precisely what trademarks protect. The fact that you buy the products from a vendor doesn't change it because, as you... Read more »

1 Answer | Asked in Trademark on
Q: Hello, we just find out that someone else filled a trademark for a name and product we use. How to get trademark on us?

We created a company, registered domains and created a product in December 2017. After the expo we attended in January 2018, someone filled a trademark with our name of product under same class section. They do not own any product. They just filled a trademark, I guess to mess with us and try to... Read more »

Michael Gerity
Michael Gerity answered on Mar 21, 2018

When somebody files an improper application for a trademark, there are several options for handling. The first is usually to make a formal demand that they abandon their application. If that doesn't work, then an opposition can be filed during the publication period near the end of their... Read more »

1 Answer | Asked in Intellectual Property and Trademark on
Q: What is the best entity to help obtain a trademark?

I have an idea. I want to trademark it. Build it. Sell it. Be comfortable.

Michael Gerity
Michael Gerity answered on Mar 21, 2018

Hello. When you talk about protecting an "idea" that you want to "build," that sounds a bit like you are talking about something that would need a patent, not a trademark. Patents can protect ideas, inventions, etc. Trademarks are words, slogans, logos, images, etc. that are... Read more »

1 Answer | Asked in Trademark for Florida on
Q: Should I file for trademark registration before my company officially launches our new product?
Michael Gerity
Michael Gerity answered on Mar 20, 2018

If you are speaking about a federal trademark registration, you are generally required to wait until you are actually using the mark in commerce before filing for federal registration. You CAN file what is called an intent to use application before you actually start using it, but the purpose of... Read more »

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