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Everything posted by IP_Counsel

  1. Hello, You can contact the manufacturer and request the patent number. I'm sure it's also available online. Once you have it, you can have someone perform a search or you can try to do it yourself.
  2. Just because you can drink on the streets in Las Vegas doesn't make it legal. There's a difference between what the law is and what the police choose to enforce. I would listen to the Adjuster.
  3. A contract is a contract. Since you claim it doesn't exist anymore, I am not sure why you don't ask the client for a copy. Assuming you don't want to do business with them anymore, that is your decision. But they can then decide if they want to enforce the contract against you.
  4. These are definitely questions that should be posed to an attorney within the confines of an attorney/client relationship. You don't want to be discussing sensitive and proprietary information inadvertently online. Depending on your state, you may want to use a referral from a friend or family member, or consult a directory of attorneys focusing on IP, business and/or contract law.
  5. Hello, First I would recommend you not use personal identifiably information in your post. To answer your question, you are right that the tagging gives some protection with respect to notice and claim. This is also considered best practice from a business sense. However, there are some other strategies that can be implemented which are more in depth and outside the scope of your question. This would require spending time understanding things such as the companies, privacy policies, terms and conditions and business purpose, among other things. You should seek competent counsel in order to ensure that you are adequately protected. Thanks and good luck.
  6. As the previous posters mentioned, with the given facts, you do need to do some more research to find out if you have a claim for infringement. Not sure what kind of patent you have, but I assume it's a utility patent filed in the US with the USPTO, and not the EPO. I have had clients who have sought to sell a part of their patent portfolios only to find out that during the investor due diligence, someone was making a claim against the patent and/or infringing on it, and therefore the sale transaction was not completed. Something to think about. Seek legal counsel, preferably in California to address this issue.
  7. As the previous poster alluded to, just ask them. As you mentioned, they don't have a legal department, so what makes you think they have an attorney?
  8. I am sorry to hear about your issue. As a California attorney, whenever I encounter this situation with a client, I always like to have them provide me with any documentation that has been signed as well as emails. It's only then that I can properly triage their issue and provide competent counsel. You obviously have some options as you are aware, but since you have not mentioned where you live and other important details, it is very difficult to answer your question. This is a very specific issue and it is not appropriate for an attorney to try to advise you in a public forum. Try to find an attorney in your area who specializes in business transaction or contracts. Good luck.
  9. Provisional Patents are cheaper because they really just put the USPTO and public on notice about what you are planning on submitting. As far as costs, it would depend on the firm, location and patent prosecutor. You are not going to be able to get specific answers to your question on a forum since it would take a lengthy meeting to discuss specs. I've been through this with my clients. Best of luck with your patent and I highly recommend you work with an attorney on this application.
  10. This can be a complicated question involving both federal and state questions of law. In addition, you are touching upon issues surrounding probate law and estate planning. To start, please see Circular 40, Copyright Registration for Works of the Visual Arts. If CFR sections 202.19, 202.20, and 202.21 are followed and you are in compliance, and assuming other factors are met which I will not discuss here, then depending on what state you live in, that might be the case. However, please see an attorney(s) in your state about determining what your state laws are as it relates to property and this is merely a starting point and not meant to be applied to your particular facts.
  11. Pg1067 and Tax Counsel are both correct. You should also be grateful Tax Counsel provided such wonderful free information.
  12. Not sure what your question was in the last post, but you should really speak to an attorney if you want to make sure that you not only satisfy the ALL of the conditions of the ACT in order to best protect you, but also to ensure that the applicability of the rules and regs are properly being applied. You should not rely on my comments nor anyone else's who is not: 1. An Attorney; 2. Been fully and completely apprised of your circumstance; and 3. Who you enter into a written legal agreement with. Good luck.
  13. I've never heard of a DMCA agent. Large and small companies have law firms/internal Counsel who handles these matters. As far as payment, attorneys usually work by an hourly rate. If Attorneys like myself who practice in this area as usually charge fixed fee rates depending on volume, etc. Most of my clients however use me on an as needed basis for these types of matters. Hope this helps.
  14. What team are you talking about and what is your role? Who is the company and what is the website about? Your question is vague and impossible to answer in it's current form. Please revise so that you can get the best possible answer. Ideally, you will want to talk to an attorney in your state.
  15. This is not the kind of question or legal issue you should be posting to an online legal forum for answers. Whether or not you rely on the information provided, it is apparent that you are a sophisticated individual based on the breadth and scope of your question and analysis. I have clients who have had similar problems and I would remiss if I didn't tell you that you should invest the time and money in dealing with competent counsel. While I would encourage you to speak to attorney(s) in respective states to advise you on applicable case law as it pertains to your business, without applying facts to law, salient questions from my experience would be: Who do you seek to engage in your business transactions? Are you strictly B2B, B2C, B2D, etc.? I see one of you lives in Canada so you would be wise to seek counsel there as well. This is the best information I can provide you as a California attorney.
  16. Also, if you do end up going with an S Corp vs C Corp, remember the limitations with respect to foreign investors and the limited amount of members you may have.
  17. In its most basic form, printing something from a storage device you are legally allowed to have is not illegal. However, you have not told us how/who/why you cannot print them out. Please be more specific with the facts and your question. Thanks.
  18. Unfortunately your presumption that damages would be the difference between the consumer and commercial rate is inaccurate. I would highly advise seeking legal counsel outside of a forum to properly assess your issues.
  19. I think this question is beginning to get clearer. You say you don't want a particular entity or person to use it. As a previous commentator stated, you simply place that in your TOS. As for how to prevent someone from lying about their affiliation, as you can see, that is not always easy. So if you do discover somebody has violated your TOS, you definitely have options depending on what your attorney would advise. There are strategies of filing in state versus federal court under the relevant statutes. For example, here in California who we have quite a robust body of state codes and case law that cover IP and its subject matter. Nevertheless, almost every element of a tort claim would require you to show damages, and I am not exactly sure what those would be in your case. As for case law, that is a vague question and you would have be even more specific with a hypothetical. I would highly advise you spend a few hundred dollars and speak to an attorney about this. I advise my clients on issues like this on almost a daily basis, and I assure you a competent attorney who practices in this space would be able to do the same for you. Good luck.
  20. You can try to request one from the tribunal.
  21. I think Tax Counsel has accurately explained how Federal Law governs this land and how this can conflict with state laws. A good example would be marijuana use as well. However, a lot of these laws have to be interpreted by the courts, and from your question, I am not sure if your understanding from your statement "the way I see it" stems from case law or just from your experience. The way you need to analyze the issue is to take the specific facts and apply them to the law in question. Then you begin to build a framework to examine how the law applies to those facts and what the cases in your jurisdiction, have to say on the matter.
  22. Very interesting set of facts. There are numerous questions I have for you since this happened so long ago and the biggest burden for you to overcome at this point may be the Statue of Limitations. For example, when exactly you found about this?.What contract or agreements exist if any? Any paperwork you have signed that potentialy could have caused you to waive your rights? etc. I will however say that you seem to have a potential claim based on several Federal and possible State laws and that you should most certainly seek legal counsel immediately. As an IP attorney, I personally don't think any one on this forum who is an attorney would be doing you a service if they try to provide you an answer based on what you've stated. I know that is probably not what you wanted to here but protecting your interest should be your only priority right now.
  23. I am not sure I follow. What were you the Franchisee for? Where did this take place? What was the photo of and what exactly was your goal of sharing. If you can provide more details I will try to help.
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