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Jim Boness

Jim Boness

I pride myself on personal service and collaboration with my Clients.
  • Business Law, Trademarks, Intellectual Property ...
  • Oregon
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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.

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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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.
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
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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Jurisdictions Admitted to Practice
Oregon
Oregon State Bar
ID Number: 140617
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Fees
  • Credit Cards Accepted
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
Languages
  • English: Spoken, Written
Legal Answers
Q. Do I have to get a registered trademark to sell shirts/hats with my YouTube name or logo?
A: In the US, formal trademark registration is not a prerequisite for selling products bearing your logo or brand name. Consider these points:

Common Law Trademark Rights: Your use of a unique logo and brand name in business operations instantly grants you common law trademark rights. This translates to a basic level of legal protection to prevent customer confusion with similar brands. This protection, however, is minimal.

Enhanced Security and Easier Enforcement with Registration: Though common law rights provide some defense, formally registering your trademark with the USPTO affords far superior benefits, such as a presumed ownership and exclusive rights to the trademark across the country for related goods or services. In addition, just having a trademark may be enough to keep someone from infringing in the first place.

Easier Infringement Action: Owning a registered trademark simplifies the process of challenging unauthorized use of your brand, particularly in online sales platforms which have mechanisms for addressing registered trademark violations. As well, it is often easier to push someone off who may be infringing and you may be able to collect larger sums for willful infringement.

Increasing Your Brand's Value and Recognition: Beyond legalities, a registered trademark for your business can amplify your brand's inherent value, bolstering the perception of your merchandise as professional and reputable in the eyes of consumers.

Registration Is Not Obligatory for Sales: It is entirely possible to initiate sales under your brand without a registered trademark and consider applying for one when financially feasible.

Keep in mind that navigating trademark registration can be intricate, often necessitating the expertise of a trademark attorney to guide you through the application process. Prior to unveiling or selling merchandise, it's imperative to perform a trademark search to mitigate the possibility of infringing on the rights of others, which could lead to costly legal challenges. Promptly utilizing your trademark in commerce helps to fortify your claim over the mark, establishing your ownership position.

Even though registering a trademark is not mandatory to commence sales, the strategic benefits of possessing a registered trademark are considerable and should ideally be incorporated into the growth strategy for your brand.

When the moment arrives that you are ready to secure your brand with a trademark, don't hesitate to reach out to my office at 503-877-0881 or send your inquiries to info@intellequitylegal.com. Wishing you the very best on your branding journey!
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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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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 (Today)
Tuesday: 9 AM - 4 PM
Wednesday: 9 AM - 4 PM
Thursday: 9 AM - 4 PM
Friday: 9 AM - 3 PM
Saturday: Closed
Sunday: Closed