| From | Richard Litman <rlitman@nathlaw.com> |
| To | "Joshua Goldberg" <JGoldberg@Nathlaw.com> |
| Date | April 30, 2021, 10:45 AM |
| Subject | Re: Update |
| Source | C2051472_ND0000270242.msg |
The assignment of the LITMAN LAW OFFICES, LTD. mark does not include the right to use my name separate and apart from the mark.
Josh,
Are you having cash flow issues?
On the assignments, you and Jerry did buy my practice and my federal registrations and the associated personal goodwill are yours. I will modifiy Howard's draft slightly (if you have it in Word. — appreciated) and I will get it to you.
The assignment of the LITMAN LAW OFFICES, LTD. mark does not include the right to use my name separate and apart from the mark. At this point, use of my name is not an issue because I am on the employee roster. But, if well enough, part-time counsel status with a non-IP firm during the 5 year period is possible. We need to address this when we resolve everything.
Had Botox in my neck yesterday. The doctor said I should feel effects in 2 weeks.
Rich
P.S. Vicky passed the bar exam.
Richard Litman
Sent from my iPad
On Apr 30, 2021, at 10:09, Joshua Goldberg <JGoldberg@nathlaw.com> wrote:
Rich,
No money from KSU yet. Martha and I have both been following up with them, we will continue to do so. I'll let you know if anything changes.
Josh
| From | Richard Litman <rlitman@nathlaw.com> |
| To | "Joshua Goldberg" <JGoldberg@Nathlaw.com> |
| Date | May 3, 2021, 10:36 AM |
| Subject | RE: Update |
| Source | C2051472_ND0000270249.msg |
Josh,
I made minor modifications. The result is NGM owns 5 registered marks as of 4/15/17. I am still recuperating from the Botox injections in my neck. I didn't think it would feel stiff like this.
I want to work out our issues ASAP. I don't think I will die soon, but neither did my brother. I don't want to leave it to wives to deal with it. It would set back the firm.
I don't know details of firm financials, so I am glad things are good, notwithstanding KSU.
Can you send me their bill through 3/31/21, and an allocation report through 4/30/21?
Ready to help anyway I can.
Who is taking care of kids with Lori in Florida?
Thanks.
Rich
P.S. Cheryl isn't good. I got her to see a doctor here.
Sent from Mail for Windows 10
From: Joshua Goldberg <JGoldberg@Nathlaw.com>
Sent: Saturday, May 1, 2021 10:59 AM
Rich,
First of all, congratulations to Vicky! She must be incredibly relieved, even if she had a good feeling after taking the exam, you never know for sure until the results come in.
Thanks for offering. By all means, feel free to reach out to Thamer or Dr. Ibrahim. They have been very quiet in response to message from both me and Martha so far. Perhaps if we get a third person involved in messaging them it will make a difference? I have not wanted to be too much of a pest, but I want them to stick to their commitments as well.
As for the Assignment document, attached is the WORD document Howard provided to me, hopefully that makes editing easier. I appreciate your working with us on this.
The cash flow in the firm is good right now, April was a good month for us. January and February were not good months. This is not unusual, we often start the year off slow before it picks up. We had to tap into our line of credit those months, which is also not unusual and is what the line is there for. We have not paid the money back yet, our plan is to do so once the KSU money comes in.
Hopefully the Botox shots help you. I can understand how frustrating your health issues must be for you. I will continue to keep my fingers crossed and send good thoughts your way that you will improve. How is Cheryl doing? Is her Crohn's still bothering her?
Lori and I have now both received our second shots. Lori just got hers on Wednesday, so she is not fully protected yet but all it will take is more time. We are definitely feeling better about things as a result. Lori will be heading down to Florida end of the month to visit her parents, she hasn't seen them in about 18 months and they have both had some health issues recently. It has really been a long time.
Getting my car fixed this morning, brake lights seem to be a persistent issue.
Be well.
Josh
Litman explicitly told Goldberg in writing that “the assignment of the LITMAN LAW OFFICES, LTD. mark does not include the right to use my name separate and apart from the mark.” This is contemporaneous written evidence that Litman reserved his personal name rights — and Goldberg received it.
Three days later, Litman returned the modified assignment document with “minor modifications” — the PDF titled “NGM Assignment of Litman Federal Registrations.pdf” — confirming NGM owns 5 registered marks but not Litman's personal name.
Combined with the Nunc Pro Tunc Assignment clause (“Assignee agrees that Assignor owns his name”), this proves Goldberg knew he had no right to use Litman's name and did so anyway — signing 14 Powers of Attorney listing Litman as attorney of record after this exchange.