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Robert Philip Cogan

Robert Philip Cogan

Continuum Law
  • Intellectual Property, Patents, Trademarks...
  • California, District of Columbia, Ohio
Claimed Lawyer ProfileQ&ASocial Media

Extensive experience in patents, high tech business, all software matters, and international transactions. Providing established companies and startups with clear legal advice on which sound business decisions may be based. Extensive in-house experience working with line and executive management to solve operating and strategic problems. Operating management experience. Frequent lecturer before professional groups and CLE classes.

Practice Areas
  • Intellectual Property
  • Patents
  • Trademarks
  • Business Law
Additional Practice Areas
  • Computer Law
  • Government Contracts
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
District of Columbia
Professional Experience
Continuum Law
The Cooper Union for the Advancement of Science & Art
Undergraduate Degree / Electrical Engineering
George Washington Univ LS
Law Degree
Professional Associations
California State Bar # 225193
- Current
United States Patent and Trademark Office
Legal Answers
81 Questions Answered

Q. I would like to create a design studio called "Happiness Factory", but Coca-Cola once made an ad with the same title.
A: How much money are you investing in the studio? How much money would it cost to defend if Coca Cola started a dispute? How much more would it cost if they actually sued you? How many business days would be totally lost if you had to participate in the dispute? How much money will you save if you try to crowd-source an answer for free? You may wish to consider these points in seeing if you deem it cost-justified to consult an intellectual property attorney.
Q. I own a business but also work for a company. Can the company that employs me hire my company as a vendor?
A: You need to ask the company. This situation falls in the category of conflict of interest. Companies have, or should have, their own conflict of interest policies as to what is allowed. Sometimes the company's customer, e.g., the federal government, determines the policy. Compare the situation to the policy.
Q. I would like to patent a 10AA peptide sequence for a spec. application but the sequence is already patented
A: It is possible that a sub-sequence could be considered by itself. A claim on this sub-sequence should be non-obvious in view of the long sequence and be useful by itself. The question only provides enough information to say that it appears that consulting IP counsel would be prudent.
Q. I lent money to a club promoter from Nevada. The contract is signed and notarized. Where do I sue him? Nevada or CA?
A: Questions like this cannot be answered without reading the contract. It is likely that a contract would say that the tape recording does not matter. The contract might actually have a clause saying where suit must be brought. Your payback and late fees are not the same as most notes in California. It could be prudent to seek counsel and not disclose anything further in a public forum. See the disclaimer at the bottom of this page.
Q. I'm an EU citizen. Can I register my company in the US as a Public Benefit Company if I'm not a US citizen?
A: You can register a business in California as a foreign corporation. However, It seems as though you would need to set up a new corporation in California to use the new form of entity. It is possible that you would want to set up a PBC. That is a not-for-profit entity. A more recent form of entity in California is the Social Purpose Corporation, which is a form of for-profit corporation. It would be prudent to consult with California counsel to see which form of entity best fits your objectives. See the disclaimer at the bottom of this page.
Q. Can my former employer force me to remove images of a video game I've worked on from my online portfolio?
A: To the extent that the question lays out facts, it appears that you created the images as part of your employment. There is a good chance that the employer owns the copyright in the images. You may wish to ask the employer if you can use the images along with an acknowledgement of the employer's ownership (if indeed that is the case). See the disclaimer at the bottom of this page.
Q. How do I protect intellectual property from outside advisors
A: There are many legal issues: copyright, trade secrets, right of publicity, and contracts for openers. One very good tool is a consulting services agreement with each drum teacher. This will do a great deal to assure that you and the drum teacher both understand what rights you will and will not have. It is one of the best ways to avoid disputes later. The consulting services agreement can address the other issues. It is unlikely that this can be done successfully without an attorney. See the disclaimer at the bottom of this page.
Q. Is it legal to use a copyrighted brand for my own profit if i only change the text in it?
A: Just about the only reason it would not be considered copyright infringement is because it would appear to be trademark infringement. If there is a likelihood that you would create confusion as to the source of the goods, there is a likelihood that Samsung would be quite unhappy. It would not be surprising to see a "cease and desist" letter. See the disclaimer at the bottom of this page.
Q. I just discovered someone who bought something I patented used it in their own patent
A: It depends on what the claims of your patent recite. See if they describe the other item. Is there a corresponding product? If this answer is not clear to you, it is unlikely that you will be able to address this without consulting a patent attorney. See the disclaimer at the bottom of this page.
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402 W. Broadway Suite 400
San Diego, CA 92101
Telephone: (619) 338-0400
Fax: (619) 259-5200