Andrew Zulieve Esq

Andrew Zulieve Esq

A Lawyer Who Listens
  • Intellectual Property, Trademarks, Business Law...
  • Maine, Maine
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Summary

Andrew (Andy) Zulieve has more than twenty five years of experience and is highly regarded and well known as a specialist in Intellectual Property Law. Andrew takes a proactive approach when it comes to protecting valuable Trademarks, Trade Secrets and Copyrights for his clients in the most thoughtful and effective way. When litigation is necessary, he applies the same powerful and well thought out methods to form his winning strategies. This creative approach has served him well by obtaining for his clients the best possible outcome for various legal matters. Over the years and in order to best serve his clients, his practice has organically evolved to include areas of law that naturally complement his intellectual property services. These areas include business formation, contract negotiations, construction law and real estate law. Further to the best interests of his clients, he has developed a well rounded legal referral system in the event that a client needs counseling outside of Andrew's particular areas of expertise. Andy grew up in the Washington D.C, area, is a 1978 graduate of Miami university and received his J.D. from the Antioch Law School in Washington D.C. During law school, he was a law clerk for Finnegan Henderson, one of the world’s largest intellectual property firms headquartered in Washington, D.C. During his tenure at the United States Trademark Office he successfully argued cases before the Trademark Trial and Appeal Board. Today, from his office in mid -coastal Maine, Andy, serves clients both nationally and internationally and represents clients before both Maine state and federal courts. Known by his clients and peers as "the most polite lawyer" Andy works tirelessly to develop creative approaches that best serve the interests of each client. As one of the few Trademark Lawyers in the area, he regularly presents lectures and seminars, writes articles and columns on copyright infringement and federal trademark practice.

Practice Areas
  • Intellectual Property
  • Trademarks
  • Business Law
  • Real Estate Law
Fees
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Many Services are based on Flat Fees
Jurisdictions Admitted to Practice
Maine
Maine
1st Circuit
Languages
  • English: Spoken, Written
Professional Experience
President
Lincoln County Bar Association
- Current
Education
District of Columbia, Univ. of (Antioch)
Professional Associations
Maine State Bar # 007004
Member
Current
Real Estate, Intellectual Property and Corporate Law Divisions of the Maine Bar Association
Member
Current
Real Estate, Intellectual Property and Corporate Law Divisions of the Maine Bar Association
Member
Current
Lincoln County Bar Association
President
- Current
Activities: Brown Bag Lunches with area Judges, Trip to U of Maine Law School to speak to recent graduates about practicing in L.C. Maine
Publications
Articles & Publications
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Websites & Blogs
Website
Zulieve Law
Legal Answers
10 Questions Answered

Q. How do I file a trademark for a phrase? Is there a cheaper temporary alternative before I do the big trademark?
A: In the U.S., one acquires the underlying right to a particular trademark by actually using it in commerce on or in connection with the goods or services being sold under that mark. Neither federal nor state registration creates that senior right. So, assuming that you have had an experienced trademark attorney conduct an availability search to confirm that your use of this trademark will not cause consumer confusion (infringement) with a mark already in use by another company, you can start using the mark in commerce which would be protected under so-called "common law" principles. In that case, the little "TM" placed by the lower right-hand corner at the end of the trademark is the accepted notice to the public of your common law claim to use that mark. Before spending too much on it, I strongly urge you to discuss it with an experienced trademark attorney.
Q. How do I prove ownership of property for the museum if previous owner does not properly log the article in as a donation
A: This is an interesting question. It implicates several legal concerns (1) ownership of the physical letters, (2) ownership of the copyrights in them, and (3) transfer of property of the intestate (no will) of the deceased. As to (1): Intent to give the articles to the museum as a gift can be provided not only by evidence in a writing, but also by evidence such as the testimony of the previous curator as to her or his discussion with the donor of the articles and other direct and indirect evidence establishing the the articles were intended to be gifts, no loans to the museum. As to (2), under Copyright Law, copyright in the articles is an "intangible property" legal interest that exists separate and apart from the original work of authorship (here, the articles), and can only be transferred in writing. The issue here would be to determine who owns the copyright (the author, a publishing company etc.), and if there is any writing that would transfer copyright to the museum. That does not seem likely here. Without such a writing, and assuming that the articles were given to the museum as gifts, the museum owns the physical works but not the copyrights in them. As to (3), that is an issue of probate law for the state in which the person died. In the case of an estate dispute in court, argument (1) would probably apply.
Q. I own a mobile home. I rent the property the home is on. Am I legally able to have a dog?
A: It depends on the rental contract that you have with the land owner. If the contract prohibits you from having dogs or other pets on the property, then likely you cannot have a dog on it. If there is no contract, then an attorney may be required to review the local ordinance on this issue.
Q. My common law and I bought a house together, payed it off but it was always in her name. She won't pay me out
A: I would immediately obtain the opinion of an attorney experienced in family law matters. Some of the answer depends on whether-or-not your state recognizes common law marriages, and if so, how does that state's law address distribution of property upon separation.
Q. i have a idea for a video commercial in a specific industry can i copyright it before i pitch it to big companies?
A: The U.S. Copyright Act of 1976, provides that an original work of authorship automatically has statutory copyright from the moment it is created and fixed in a tangible medium of more than transitory duration. Copyright does not protect ideas, only the actual expression of the idea fixed in a tangible medium. Accordingly, I suggest that you commit your idea to a tangible form before approaching any company. If you disclose your idea to others, there is little that you can do to prevent someone from appropriating that idea and creating their own original work based upon that idea to which they would hold the copyright. You might consider seeking advise from an attorney experienced in copyright law.
Q. My neighbours come home after midnight and dont shut the gates
A: Much more facts are needed, in particular, a better description of the nature of the property, character of the housing and neighborhood etc. Given the limited information available and the lack of cooperation with whoever "they" are, you may file a complaint with the local police. Otherwise, insufficient information provided for any additional thoughts.
Q. If a trademark is abandoned, can I use it?
A: I agree with my colleague's answer. Determining if a mark has been abandonment may require a complicated, mixed considerations of fact and law. For example, a a trademark once registered with the U.S. Trademark Office may have been cancelled for reasons other than abandonment of use of the mark in commerce. Moreover, temporary non-use of a mark does not necessarily amount to an abandonment of that mark. Within this context, the intent of the trademark owner may be important. Before moving forward with your proposed plan to adopt a particularly trademark, you should consult with an attorney experienced in this area of law. It would be a shame and a waste of valuable resources to assume a mark has been abandoned only to later receive a cease and desist letter accompanied by a threat to sue you for infringement.
Q. GPL and copyright infringement
A: I believe what you intend to use is the author's trademark. To be on the safe side, I would run it by both the third party developer and the owner of the trademark logo.
Q. Opening a new company and then a business. Have a Trademark Question on whether company n business name hav to be same?
A: 1. You can incorporate under one name, but can actually do business under an assumed name. That assumed name can be a trademark or service mark, as well. 2. Because the U.S. recognizes common law trademark rights based on actual use in commerce (registration does not create the right to use a particular mark), even though a registration may be dead or abandoned, that does not necessarily mean that the company is not still in business and using that particular mark.
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Contact & Map
Zulieve Law
689 Friendship Rd.
PO Box 688
Waldoboro, ME 04572
USA
Telephone: (207) 790-2185
Fax: (207) 805-9467