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John Martin Hilla

John Martin Hilla

Detroit-Area Trademark Registration and Bankruptcy Attorney
  • Bankruptcy, Trademarks, Real Estate Law
  • Law Society of Ontario, Michigan
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Summary

John Hilla is a Detroit-area trademark and bankruptcy with the firm of Swistak Levine, PC. A graduate of the Wayne State University Law School in Detroit, he also holds a Master's degree in International Law from the George Washington University Law School in Washington, DC.

Practice Areas
  • Bankruptcy
  • Trademarks
  • Real Estate Law
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
Law Society of Ontario
ID Number: 78008N
Michigan
Languages
  • English: Spoken, Written
  • Turkish: Spoken
Professional Experience
Attorney
Swistak Levine, PC
- Current
Bankruptcy, Trademark, and Real Estate Practice
Managing Attorney
The Hilla Law Firm, PLLC
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Consumer bankruptcy and trademark registration practice.
Attorney
Aronoff & Linnell, PLLC
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Owner
The Law Offices of John M. Hilla, PLLC
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Education
The George Washington University Law School
LL.M | International & Comparative Law
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Wayne State University Law School
J.D | Law
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Wayne State University
B.A | English
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Professional Associations
Michigan State Bar # 69128
Member
Current
Consumer Bankruptcy Association
Member
- Current
National Association of Consumer Bankruptcy Attorneys
Member
- Current
Publications
Articles & Publications
Am I Responsible for my Fiancee's Debt After Marriage?
The Detroit Legal News
The Literary Effect of Sovereignty in International Law
The Widener Law Review
The US Invasion of Iraq and Popular Consent in the Formation of Customary International Law
The Michigan International Lawyer
Draft Commentary for Art. 479 of the Provisional Kosovo Criminal Procedure Code
US State Department in conjunction with George Washington University
Websites & Blogs
Website
Detroit Bankruptcy Attorney
Blog
Detroit Bankruptcy and Trademark Blog
Legal Answers
42 Questions Answered

Q. Can I file bankruptcy and add an agreement that I had with my previous employer on a loan
A: First, you should consult with an experienced bankruptcy attorney in your local area in a private consultation your interest in filing for bankruptcy to determine eligibility, asset protection issues, and whether or not it is the best option for you. That said, any sort of loan or promissory note or promise to repay or contract of that nature, verbal or written, is generally dischargeable in Chapter 7 or Chapter 13 bankruptcy provided fraud was not involved.
Q. I have a trademark under an LLC that was closed 6 years ago, trademark is still valid.
A: The question in your case is whether the trademark was registered by the LLC or by you (or someone else), personally--and whether the mark is still in use in interstate commerce. Depending on the situation, the trademark may be assignable to you You should consult a trademark attorney privately to determine whether you have a specific course of action available to you.
Q. "Red White & Due" is trademarked for T-shirts. Can I use the phrase "Red White & Almost Due"?
A: You are asking for specific legal advice with this question, and it is not likely that anyone will respond with any particularity without a retainer agreement and retainer fee. In responding to this question as phrased, an attorney would be creating an attorney-client relationship and subjecting themselves to possible malpractice liability--for no benefit to that attorney. If you are interested in registering a particular trademark and would like to ensure that your proposed mark will not encounter a USPTO office action or opposition to registration and that it does not infringe on another mark, you should consult a trademark attorney to schedule an initial consultation and engage in a private discussion. Many attorneys offer free consultations, some, like myself, by phone or virtually, but more information will be required than what you've provided here. In your case, however, it is important to note that a name or logo identifying the source of goods in interstate commerce is what is protected in trademark registration. A catch-phrase printed on a t-shirt does not do that. The name on the tag of the shirt is what would be registered as a trademark. For example, I might have t-shirt with the word "Splurgle!" printed on the front, but, if that says "Fruit of the Loom," Fruit of the Loom is the registrable mark. That said, the first step in the trademark registration process is a comprehensive clearance search, before any registration application is filed, to ensure that your mark and your brand are unlikely to encounter the sorts of issues mentioned above--or to let you know before committing yourself to an application that it may encounter such obstacles. Many trademark attorneys, including myself, service clients nationwide and not simply locally as trademark as a Federal practice.
Q. DFS - sn:87141288 is trademarked. Am I able to use the letters DFS with the words Duty Free Specials underneath?
A: You are asking for specific legal advice with this question, and it is not likely that anyone will respond with any particularity without a retainer agreement and retainer fee. In responding to this question as phrased, an attorney would be creating an attorney-client relationship and subjecting themselves to possible malpractice liability--for no benefit to that attorney. If you are interested in registering a particular trademark and would like to ensure that your proposed mark will not encounter a USPTO office action or opposition to registration and that it does not infringe on another mark, you should consult a trademark attorney to schedule an initial consultation and engage in a private discussion. Many attorneys offer free consultations, some, like myself, by phone or virtually, but more information will be required than what you've provided here. The first step in the trademark registration process is a comprehensive clearance search, before any registration application is filed, to ensure that your mark and your brand are unlikely to encounter the sorts of issues mentioned above--or to let you know before committing yourself to an application that it may encounter such obstacles. Many trademark attorneys, including myself, service clients nationwide and not simply locally as trademark as a Federal practice.
Q. What assets have to be surrendered if you have a trademark infringement against you personally in federal court?
A: This is too broad a question to be answered without specific details. A short and generalized response is that, first, it isn't the "federal court" that would take your assets but your judgment creditor and only by way of execution of their judgment via a replevin action under applicable state law, once that federal judgment is domesticated. Your personal, non-LLC assets could be at risk if the creditor can successfully "pierce the corporate veil," but, otherwise, only the LLC assets are typically at risk. Second, it really depends on what sort of "judgment" you have ... Is it a money judgment, or is it injunctive? Both? Seek local counsel in your area for more particularized feedback. You won't get specific legal advice asking questions on a website like this. You need an attorney.
Q. Can the name Bowie’s be used as a shops name? Or has the trademark above made this impossible
A: I don't know what "trademark above" you're referring to, but, rather than asking here, consult with a knowledgeable trademark registration attorney who will undertake a thorough search of the Federal registry, state registries, existing domain names, and other indicators that a name or mark is in current or past use in interstate commerce. Generally speaking, adopting as a brand the last name of a major celebrity or another well-known product is less likely to result in a successful application for trademark registry than a fanciful or "made up" word would be.
Q. If the trademark is abandoned does that mean someone could still use the name
A: Abandonment of a trademark or a trademark application does not necessarily mean that the name is not in use in commerce. It simply means that that particular application or registration has been abandoned. Before proceeding to attempt to register the same trademark, you should consult with a knowledgeable trademark registration attorney who will conduct a thorough search for Federal registrations of the same name or mark, State registrations, domain-names in use, and other indications that you may be encroaching on someone else's use of the mark. It is important to remember that US Trademark registration is extended to the first use in interstate commerce of a mark, not simply to the first or most recently registered, although that weighs in favor of a registered mark.
Q. Hello, When trademarking a hair extension business what class and classification would it fall under?
A: You should consult with a knowledgeable trademark registration attorney who can properly prepare your trademark application for you and maximize your odds of a successful registration with the USPTO.
Q. Thanks for the opportunity to ask a quick question. I take note that Cannei has a trademark on the game SET. If I only
A: This is a patent question. From the trademark standpoint, the mechanics of a game, or software coding, etc., is not a subject-matter of trademark law or with which trademark registration with the US Patent and Trademark Office is concerned. Trademark protection is extended to the word mark (name, tag-line) or graphic (logo) that informs consumers of the source and quality of a product or service. It protects consumers from confusion as to those things. I am not a patent law practitioner, but you would be well-advised to seek the opinion of one before proceeding with this course of action.
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Swistak Levine, PC
30833 Northwestern Highway
Suite 120
Farmington Hills, MI 48334
USA
Telephone: (248) 851-8000
Fax: (248) 851-4620