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Questions Answered by Howard Alan Newman MBA
1 Answer | Asked in Intellectual Property on
Q: Can I get sued for using generic terms?

I want to create a Sci-fi movie set in space.

I checked the USPTO and the word I want to use as a race name is trademark of 800 people if I am wrong the word is a generic term.

But can I be sued for using it?

Howard Alan Newman MBA
Howard Alan Newman MBA answered on Nov 29, 2016

I have taken the liberty to modify your question, which now reads: Can I successfully defend myself from being sued from using allegedly generic terms?

First, anyone can sue any other person or entity. It's the nature of having free access to the courts. Second, the cardinal rule...
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1 Answer | Asked in Copyright and Intellectual Property for District of Columbia on
Q: In order to sue for Copyright Infringement do I need to register the copyrighted work with the government?
Howard Alan Newman MBA
Howard Alan Newman MBA answered on Nov 28, 2016

No. You may sue under the common law for copyright infringement. However, to make use of the federal statute, which has real teeth in its statutory damages, for example, the work would have needed to have been registered first.

1 Answer | Asked in Business Law and Divorce for Oregon on
Q: What documents need to be signed if one of the spouses sells their interest in the business during divorce?
Howard Alan Newman MBA
Howard Alan Newman MBA answered on Nov 28, 2016

As is sometimes typical with these questions, there are insufficient facts to fully answer the question. Regardless of any divorce proceeding, i.e., in a vacuum, should any entity or person, including a spouse, who has an interest in any type of entity wish to divest said interest, the seller and... Read more »

1 Answer | Asked in Business Law for Florida on
Q: If Lessor corporation located Orlando, FL. Lease live and operated WPB what Lessor's principal place of business is?
Howard Alan Newman MBA
Howard Alan Newman MBA answered on Nov 28, 2016

I found the question stem confusing. If the lessor corp has a lease and operates in WPB, that would be the principal place of business. If this does not answer your question, please follow-up and clarify your question.

1 Answer | Asked in Business Law and Small Claims for Oregon on
Q: Being sued personally in small claims court for work done by our S-Corp. Are we liable?

Customer filed with Builders board and was denied as claim was over a year old. Now have filed small claim against us personally. Do they even have a case if not filed in the Corp name? Does our corp bond play into this at all? We have 'demanded a hearing' to avoid a default judgment.... Read more »

Howard Alan Newman MBA
Howard Alan Newman MBA answered on Nov 28, 2016

Based on the facts as presented, the S-corp appears to be an improper party. Accordingly, prior to the hearing, I would demand from the plaintiff voluntary dismissal of the action. In fact, I might even attempt to move the hearing date for, inter alia, to give the plaintiff more time to consider... Read more »

2 Answers | Asked in Intellectual Property for Oregon on
Q: How can I purchase this trademark title?

I am trying to start a travel company and would like to trademark my title and symbol.

Howard Alan Newman MBA
Howard Alan Newman MBA answered on Nov 28, 2016

I concur with consulting a trademark (and business attorney) during the formation of any entity. Moreover, where intellectual property ("IP") is involved (though copyright may be the exception), it's imperative to have an attorney counsel the entity on identifying the IP, drafting... Read more »

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