Free Consultation: (619) 338-0400Tap to Call This Lawyer
Robert Philip Cogan

Robert Philip Cogan

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

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
Additional Practice Areas
  • Computer Law
  • Government Contracts
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
California
District of Columbia
Professional Experience
Continuum Law
Current
Education
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
Member
- Current
Certifications
Attorney
United States Patent and Trademark Office
Legal Answers
7 Questions Answered

Q. use tax audit help --legal question
A: Tax law is an exacting field. Without all your actual paperwork you have not stated a question. I have no idea of what your actual situation is. However, I would note that I have not seen people who overpaid get in trouble. You are talking about many thousands of dollars here. Some people might think it is penny wise and pound foolish to try to avoid paying an attorney.
Q. I wanna write a book/make a game about a non-english song. Do I need to get copyright permissions or can I just credit?
A: A true answer would require review of the original material and a more precise description of exactly what you are doing. You would have to consult an attorney. Here are a couple of observations. Crediting the original creators means that you are not a plagiarist. However, the credit could be viewed as a statement that you have copied the work. Copyrights generally cover translations of the original. Copyrights generally cover the lyrics separately as well as in the song. Copyrights do not usually cover general ideas.
Q. May I replicate a custom design made for my business by Niland based on their protected Barcelona design?
A: This question appears to require review of the following information in order to consider preparation of an answer: your written agreement with Niland full mechanical drawings of the custom design photographs or a video of the custom design a copy of the patent whether Niland has any additional patents Also, it is worth checking trademarks. Nonfunctional features of a product can be the subject of a trademark registration. Review of patent claims can be tricky. It is best done by a qualified attorney. In many cases the cost of a review by a qualified attorney will be significantly lower than the cost exposure due to potential infringement.
Q. Serial Number 85915747 How do we buy the rights to an abandoned Trademark?
A: Why do you want to buy an abandoned trademark? What benefit do you hope to get? Will buying the abandoned trademark confer that benefit? It may be helpful to look at tutorial material at www.uspto.gov. It seems as though you may wish to consult with an attorney to see what legal steps may help you to reach your business objective. (See disclaimer at the bottom of this page.)
Q. My product was flagged for IP infringement. It is for the color yellow but others are still selling the color yellow.
A: Forms of IP infringement include trademark infringement and trade dress infringement. They are covered by different laws and are measured by different criteria. The standard for trademark infringement is likelihood of confusion in the market place as to the source of the goods. This is the sort of issue that generally requires review by a qualified attorney. More facts would be needed by the attorney. It is possible that there is more at issue here than the color yellow. Perhaps the use of the color yellow was "flagged" because it was in a special context. You also need to think about your cost exposure for possible infringement versus the cost of defense and also consider how much the issue is worth to you in terms of sales. Based on the very limited factual description, it seems like it would be unlikely that this matter could be properly resolved without the help of an attorney.
Q. Provisional patents
A: Be careful. Many people treat a provisional patent application as a "quick and dirty" patent application. It is not. The required level of detail is substantially the same as for a non-provisional patent application. There are reported court decisions where an issued patent ended up being held invalid because critical information was not included in the provisional patent application.
Q. I wrote a "fake" memoir of a well-known public figure that's still living for satirical purposes.
A: There are problems with false attribution, too many to start listing here. It might be possible to use disclaimers with respect to use of the person's name. However, even if it might be possible, it would have to be done in compliance with laws and legal precedent. The difficulty is compounded by the e-book's distribution throughout many jurisdictions. Many people and companies have been sued for publishing what to them was obviously satirical. It may not be that obvious to a court or a jury and certainly not to the person being satirized. Sometimes people can prevail when they get sued. Sometimes they are broke by the time they "win."
Click here to see all answers
Social Media
Contact & Map
402 W. Broadway Suite 400
San Diego, CA 92101
USA
Telephone: (619) 338-0400
Fax: (619) 259-5200