Legal Question in Intellectual Property in New York

business, corporate, intellectual property

I live in pennsylvania but my soon to be partner lives in new york. She owns the trademark (although i made up the name and she trademarked it)-the patent has not been registered yet but soon will be in her name probably. I own the internet names. We want to protect ourselves in a joint business with a contract of some sort plus a c corp. All rights must be commonly owned. Which documents will i need? She need?


Asked on 11/28/07, 6:20 pm

4 Answers from Attorneys

Vincent LoTempio KLOSS STENGER KROLL LOTEMPIO

Re: business, corporate, intellectual property

You will need to make an assignment of rights and file it with the USPTO. We can assist you with your trademark & patent issues as well as filing for a corp for you. You are welcome to contact us for a free consultation.

Vincent LoTempio

[email protected]

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Answered on 11/29/07, 9:06 am
Nancy Delain Delain Law Office, PLLC

Re: business, corporate, intellectual property

If I'm reading you right, you are discussing trademark rights, patent rights, internet rights and a business entity. All of these rights are different each from the other (I especially note here that a trademark and a patent are not interchangeable).

You each need a lawyer; yours is not a matter of forms, but of substantive contract negotiation that will affect everyone's rights in the event of a dispute. I know you're friends now; you need to protect your friendship and your rights by having good, tailored contracts drawn up to fairly protect everyone.

A lawyer who says that s/he can represent you both must give you a full disclosure up front of the fact that s/he will not be able to represent either of you in any dispute that arises between you. And one of the few things I can guarantee is that you and your partner will have disputes. Some -- probably most -- will be minor enough to not hit the legal system at all; some may not be so minor.

Good luck. I can help the New Yorker with all this stuff, but not the Pennsylvania resident; feel free to contact me if you wish.

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Answered on 11/29/07, 10:13 am
Steven Czik CZIK LAW PLLC

Re: business, corporate, intellectual property

We can help you with all you need in this scenario. From drafting the contracts with all the necessary protections, to assisting you with your trademark & patent issues as well as opening up a corp for you. These areas of law are our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK, P.C.

101 Avenue of the Americas �� 15th Floor

New York, New York 10013

212.413.4462

[email protected]

The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 11/28/07, 6:29 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: business, corporate, intellectual property

There are a number of different issues that need to be addressed here, such as which state or states you will be doing business in, the best type of business entity to use, making sure you have the appropriate agreements in place that establish who owns the intellectual property, etc. Please feel free to contact our office if we may be of any assistance to you in this matter.

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Answered on 11/28/07, 7:42 pm


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