Howard Alan Newman MBA

Howard Alan Newman MBA

Working at the Intersection of Litigation, Business, and Intellectual Property
  • Appeals & Appellate, Business Law, Intellectual Property...
  • District of Columbia, Florida, Maryland, Oregon, United States Patent and Trademark Office
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Claimed Lawyer ProfileQ&A
Summary

Mr. Newman's clientele have included law firms, individuals, and small and medium sized entities in various locations in the United States and around the world, including a niche Brasilian practice. In addition to Mr. Newman's legal experience as a registered patent attorney and working as a litigation and a transactional attorney, he has worked as a CEO of a start-up company, as an associate in an incubator, and he has performed financial valuations of intellectual property both as a function of litigation and arms-length transactions.

Practice Areas
  • Appeals & Appellate
  • Business Law
  • Intellectual Property
  • Patents
  • Arbitration & Mediation
Additional Practice Areas
  • Niche Brasilian Practice--please inquire for scope
  • Litigation
  • Business Formation, Organization, & Restructuring
  • Civil Defense
  • Commercial Litigation
  • Contract Drafting and Construction
  • Corporate Governance
  • Market / Financial Evaluations
  • Mergers & Acquisitions
  • Negotiations
  • Trademark and Copyright Prosecution
Fees
  • Free Consultation
    We provide a thirty (30) minute consultation to any potential client (including both individuals and entities).
Jurisdictions Admitted to Practice
District of Columbia
Florida
Maryland
Oregon
United States Patent and Trademark Office
4th Circuit
11th Circuit
Federal Circuit
U.S. Supreme Court
Languages
  • English: Spoken, Written
  • Portuguese: Spoken, Written
Education
University of Florida
B.A. / History (1994)
Honors: Honors Program
University of Florida
Minor / Chemistry (1994)
University of Florida
MBA / Entrepreneurship and Finance
University of Florida
J.D. / Intellectual Property and Litigation
Professional Associations
Christopher Paul Mitchell
Of Counsel
Current
US District Court for Florida--Northern District
Current
US District Court for Florida--Southern District
Current
US District Court for Maryland
Current
US District Court for the District of Columbia
Current
US District Court for Michigan--Western District
Current
Bar Association of Montgomery County (BAMC)
Co-Chair Intellectual Property & Technology Law Section
Current
Bar Association of the District of Columbia
Patent Trademark Committee
Current
Hauswiesner Law Group PLC
Of Counsel
Current
Greenberg & Lieberman, LLC
Of Counsel
Current
Maryland State Bar
Member
- Current
Certifications
Registered Patent Attorney
USPTO
Websites & Blogs
Website
Website
Legal Answers
6 Questions Answered

Q. Can I get sued for using generic terms?
A: 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 in intellectual property is that if there is money to be made, there will be litigation, or the threat thereof. Thus, understanding that one may readily be sued, it was important to modify the question. Generic terms, by themselves, do not signal or identify the maker of goods or the provider of services. If you, individually, are using terms that are (or have become) generic, then you should not expect to have liability for such use; this assumes that the terms are indeed generic. As a coda, intellectual property should almost always be owned by an entity. As can be seen above, you would be well served by seeking counsel to help guide you in the process. There are many things to consider that a non-lawyer simply does not contemplate.
Q. In order to sue for Copyright Infringement do I need to register the copyrighted work with the government?
A: 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.
Q. How can I purchase this trademark title?
A: 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 the appropriate governmental applications thereof (when necessary), and ensuring that all appropriate instruments (assignment agreements, resolutions, etc.) are executed. There have been too many times where even mature entities thought they could do it themselves and then a few years later get embroiled in disputes and are then to forced to retain counsel where the costs are much, much higher than had said entities done it right on the front end.
Q. What documents need to be signed if one of the spouses sells their interest in the business during divorce?
A: 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 the receiver of the interest should draft an appropriate instrument that factors and tracks the governing documents of said entity. Though I do not practice in divorce law (though I have been used during divorces when dealing with commercial transactions), I suspect that the spouse divesting said interest would want input from the other spouse, especially since a property settlement would need to be negotiated and obtain judicial approval.
Q. If Lessor corporation located Orlando, FL. Lease live and operated WPB what Lessor's principal place of business is?
A: 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.
Q. Being sued personally in small claims court for work done by our S-Corp. Are we liable?
A: 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 the consequences of not dismissing the S-corp. Then, if the plaintiff does not voluntarily dismiss, at the hearing, I would request sanctions (at least from the court's inherent authority). Frankly, in my career, I have had extremely limited experience in small claims court (though I did have one case in Oregon that I moved to the circuit court) and typically, sanctions can be difficult to obtain and perhaps even more so from a small claims court. However, if a suit is patently frivolous (filing or maintaining suit against the wrong party would be one such example of frivolity), a party, even pro se, should be appropriately sanctioned.
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Contact & Map
Newman Law Offices (Portland, OR)
1001 SW 5th Avenue
Suite 1100
Portland, OR 97214
USA
Telephone: (503) 535-8040
Fax: (866) 544-8040
Newman Law Offices (Washington, DC)
1717 K Street, NW
Suite 900
Washington, DC 20006
USA
Telephone: (202) 544-8040
Fax: (866) 544-8040