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Jim Boness

Jim Boness Justia Connect Pro Lawyers, want to be a Justia Connect Pro too? Learn more ›

I pride myself on personal service and collaboration with my Clients.
  • Business Law, Trademarks, Intellectual Property ...
  • Oregon
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Client Reviews
Rod Meyer October 17, 2023
Advice and Counsel on Intellectual Property, Trademarks and Copyrights. Jim has been a fantastic business partner for our brands. We are in the process of launching multiple creative and technical brands, and he has been there to guide us through the process from start to finish. There are many tricky spaces and nuance to sort out around what to do and when. I'm very pleased we have Jim as our key resource to navigate all the stages of securing our IP. Jim has our highest recommendation.
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Biography

I earned my law degree from Southern Illinois University in 2002, and have 2 decades of experience practicing law. For the first 14 years, I practiced criminal law, growing a very successful solo-attorney practice and gaining extensive courtroom and trial experience. However, as I grew as an attorney, I realized that my interests drew me to a different type of practice. This is where the idea for INTELLEQUITY® was born.

Based on this new interest, I took a few advanced law courses in intellectual property at John Marshall University Law School in Chicago, Illinois. Upon relocating to Portland, Oregon in 2017, I earned my MBA at Portland State University to better help me to understand and assist my clients’ with their business needs.

My recent experience includes trademark, copyright and other intellectual property-related services, business formation and business law. I am licensed to practice in state and federal court in Oregon as well as federal court in the Northern District of Illinois.

Practice Areas
    Business Law
    Business Contracts, Business Dissolution, Business Formation, Franchising, Partnership & Shareholder Disputes
    Trademarks
    Trademark Litigation, Trademark Registration
    Intellectual Property
    Entertainment & Sports Law
    Communications & Internet Law
    Internet Law
Video Conferencing
  • Zoom
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Oregon
Oregon State Bar
ID Number: 140617
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Languages
  • English: Spoken, Written
Professional Experience
Owner/Attorney
INTELLEQUITY Legal Services, LLC
- Current
Started INTELLEQUITY in 2016, and have been providing personal, comprehensive and easy to understand business and intellectual property advice and services to all Oregonians. Areas of concentration include business formation, trademark registration, contracts, copyright and business law.
Owner/Attorney
Law Office of Jim Boness
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Operated a single-attorney criminal law practice in Joliet, IL for 12 years. Experience in pre-trial litigation, hearings and trials, discovery and Client satisfaction.
Education
Portland State University
MBA (2020) | Business
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Portland State University Logo
The John Marshall Law School
Advanced law classes in intellectual property
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The John Marshall Law School Logo
Southern Illinois University School of Law
J.D. (2002) | Law
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Honors: Max and Irene D'el Era Academic Scholarship Richard E. Richman Ethics Scholarship
Activities: President of SIU Sports Law Society (2000 - 2002)
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Awards
Max and Irene D'el Era Academic Scholarship
Southern Illinois University - Carbondale
Professional Associations
Oregon State Bar  # 140617
- Current
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Illinois State Bar  # 6278820
Attorney
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Activities: Criminal and Business Law Attorney
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Speaking Engagements
How to obtain an immigrant and non-immigrant visa, Lagos, Nigeria
First American Immigration Consultation Services
1 day seminar providing immigration information to Nigerian citizens who wished to come to the United States.
Certifications
Licensed A&P Mechanic
FAA
Websites & Blogs
Website
INTELLEQUITY Legal Services, LLC Website
Blog
INTELLEQUITY Blog
Legal Answers
11 Questions Answered
Q. corporation law. Small corp C Who is supposed to schedule the annual meetings?
A: First, the governance of corporations is dictated by Oregon statute, however, the corporations' bylaws, which can and often do override default rules for many things, would be the first place to look when attempting to answer this question. As stated in ORS § 60.061 and ORS § 65.061, bylaws are required for corporations.

The responsibility for scheduling meetings can vary depending on the type of meeting and the internal rules of the organization. Who may call a meeting is usually outlined in the bylaws of the corporation. It's also important to note that any notice of meetings must comply with the notice requirements specified in the bylaws and applicable law, which in Oregon usually includes a specified amount of advance notice and information about the subject matter of the meeting. In my experience, in most instances, the Secretary would be in charge of these types of things.

If you cannot find your corporate bylaws, your corporation should really consider re-drafting or updating them, as they are required under Oregon law and are important documents that can help avoid unnecessary problems in the governance of the corporation.

Finally, as to the comment on your secretary being a shareholder, her status as shareholder is completely separate from her role as secretary. Being a shareholder gives her the right to a share of company profits. Being a Secretary imposes certain duties in her performance with the corporation. In Oregon, officers owe the corporation a duty to act in good faith, with care, and in the best interests of the corporation. Just because she is a shareholder does not necessarily mean she has a right to be Secretary, although, if this is a 50/50 2 person corporation as I suspect, you may have difficulties in removing her from such a position (absent agreement or litigation) because of any possible deadlock in voting structure.

Obviously the information provided above is general information and does not constitute legal advice. That can only be provided after a full analyses of all the facts and circumstances and a review of your company bylaws. Feel free to reach out to my office at 503-877-0881 or info@intellequitylegal.com (or any other business law attorney) to schedule a reasonably priced consult if you need legal advice or review of any documents.
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Q. I am a member of a band that plays music for family dances and retirement centers. I also maintain the Facebook page
A: Your question asked if someone 'could' sue you for the described action. Unfortunately, yes, someone could and might. Could they win? That is a different story. This questions deals with the right to privacy in Oregon. (Oregon really does not have a right to publicity unless you have a valuable identity in most cases). The right to privacy is not absolute. There is a balance with the First Amendment Freedom of Speech. Newsworthy events are not protected by privacy unless they are disseminated with actual malice.

In order minimize the risk that you get sued, or minimize the chance of losing if you get sued. It would be advisable to let the home/venue know beforehand of your intentions and get permission before you record the performance for use on social media. If permission is granted, announcing your recording intentions to the audience (or having a sign) before the show began might be another step in reducing your chance of being successfully sued. It might also be a good idea (if practical) to have the people attending the event sign a consent or publicity release form, if needed.

It boils down to this: is there an expectation of privacy? In public places, usually not. One can even waive their right to privacy when they are in a private business that is open to the public. It all comes down to, did the person who was videotaped have an expectation of privacy in the setting they were in. That is a factual question in every instance. (Was the recoding done in a common room or was it in a more private room, etc.) As you pointed out, retirement centers might be a tricky situation because they have elements of both. However, by taking precautionary steps, using common sense and being open and respectful about your intentions may go a long way in reducing your potential liability. Best of luck!

Remember, the advice just provided is for general informational purposes only and nothing contained herein should be construed to create an attorney-client relationship between you and I. Practical legal advice cannot be provided until a full assessment of your situation has been conducted.
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Q. I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license
A: You have a couple of options for protecting your original work, as described. The first would be to copyright the book, or books, you write. You could do them individually (single author, same claimant, one work, not for hire) and pay the $45 dollar e-copyright registration fees for each.

You may be better off filing the series as a group of unpublished works (If they are in fact unpublished) because then you could file one application for much less ($85) than filing multiple single applications. If the books have already been published (A copyright attorney could help figure out the legal definition of published, as it is not what many people might think), than you would need to register each individually.

In any event, you will be required to fill out the application, pay the fee and provide a copy of the work. In the application, you must identify the type of work, title of the work, publication status, the authors and claimants and a few other bits of information.

As to trademark, after the books have been copyrighted, and once you begin using the characters from the book in commerce as a logo or for a brand name, you may be able to trademark the name or likeness of the characters. However, not all characters can be trademarked and they must be distinctive. When the time comes, a trademark attorney would be able to help you decide if there is trademark potential and do a clearance search. You should reach out to an experienced intellectual property attorney who has experience in these types of matters. My office offers such services. Feel free to contact me for a consultation. In any event, I wish you the best of luck with your book!

Remember, the advice just provided is for general informational purposes only and nothing contained herein should be construed to create an attorney-client relationship between you and I. Practical legal advice cannot be provided until a full assessment of your situation has been conducted.
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Contact & Map
INTELLEQUITY Legal Services, LLC
111 SW 5th Ave
Suite 3150
Portland, OR 97204
Toll-Free: (503) 877-0881
Telephone: (503) 877-0881
Monday: 9 AM - 4 PM
Tuesday: 9 AM - 4 PM
Wednesday: 9 AM - 4 PM
Thursday: 9 AM - 4 PM (Today)
Friday: 9 AM - 3 PM
Saturday: Closed
Sunday: Closed
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