`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA405299
`ESTTA Tracking number:
`04/22/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91184841
`Plaintiff
`Mitchell Miller, a Professional Corp. dba Miller Law Group, P.C.
`MARGARITA CALPOTURA
`MILLER LAW GROUP PC
`260 SHERIDAN AVENUE, SUITE 208
`PALO ALTO, CA 94306
`UNITED STATES
`mcalpotura@millerlg.com, mmiller@millerlg.com
`Testimony For Plaintiff
`Margarita Calpotura
`mcalpotura@millerlg.com
`/Margarita Calpotura/
`04/22/2011
`M. Miller Affidavit 042211.pdf ( 8 pages )(490238 bytes )
`Ex A.pdf ( 4 pages )(338449 bytes )
`Ex B.pdf ( 7 pages )(307156 bytes )
`Ex C.pdf ( 3 pages )(28325 bytes )
`Ex D.pdf ( 2 pages )(23434 bytes )
`Ex E.pdf ( 21 pages )(204669 bytes )
`Ex F.pdf ( 39 pages )(701999 bytes )
`Ex G.pdf ( 5 pages )(960768 bytes )
`Ex H.pdf ( 12 pages )(105071 bytes )
`
`
`
`In re Application Serial No.
`For the Mark
`Filed
`Published in the Trademark
`3 Official Gazette on
`
`2
`
`: 77343411
`: MILLER LAW GROUP
`: December 4, 2007
`
`: May 6, 2008
`
`4
`
`Margarita Calpotura (CA State Bar No. 244711)
`5 MILLER LAW GROUP, P.C.
`260 Sheridan Avenue, Suite 208
`
`6
`
`7
`8
`
`9
`
`10
`
`“
`
`12
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`13
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`14
`
`Palo Alto, CA 94306
`Telephone:
`(650) 566-2290
`Facsimile:
`(650)566-2298
`Email: mca1potura@millerlg.com
`
`Attorney for Opposer
`MITCHELL MILLER, A PROFESSIONAL CORPORATION,
`a California Professional Corporation, dba MILLER LAW GROUP, P.C.
`
`IN THE UNITED STATES PATENT AND TRADEMARK
`
`OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`MITCHELL MILLER, A
`PROFESSIONAL CORPORATION, a
`California Professional Corporation, dba
`MILLER LAW GROUP, P.C.,
`
`OPPOSITION NUMBER 91184841
`
`TESTIMONY AFFIDAVIT OF MITCHELL
`MILLER
`
`Opposer,
`
`V.
`
`Applicant.
`
`MICHELE BALLARD MILLER, an
`individual, dba MILLER LAW GROUP,
`
`23
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`TESTIMONY AFFIDAVIT OF MITCHELL MILLER
`
`
`
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`1, Mitchell Miller, declare:
`
`l.
`
`I am the President of Opposer Mitchell Miller, a Professional Corporation,
`
`dba Miller Law Group, P.C. (“Opposer” or “Mil1er Law Group, P.C.”) and am an attorney
`
`at law licensed to practice before all courts of the State of California. The facts stated
`
`herein are of my own personal knowledge, and if called upon to testify thereto, I could and
`
`would competently do so.
`
`2.
`
`I submit this Testimony Affidavit as testimony pursuant to the Stipulation
`
`Under C.F.R. §2.123(b) and TBMP §703.0l(b), which was filed in the proceeding on
`
`February 25, 2011.
`
`3.
`
`I am an active member of the State Bar of California.
`
`I was admitted to the
`
`State Bar of California on December 1, 1981. Since being admitted, I have continually
`
`practiced law in the State of California and maintained my membership with the State Bar
`
`of California.
`
`4.
`
`5.
`
`My surname is Miller.
`
`I formed Mitchell Miller, A Professional Corporation, dba Miller Law
`
`Group, P.C. on or around December 20, 2006. Attached hereto as Exhibit A is Opposer’s
`
`Articles of Incorporation.
`
`6.
`
`When it was formed, Opposer had three attorney employees, two of counsel
`
`attorney contractors, and one staff employee.
`
`7.
`
`I selected the name “Miller Law Group” because my surname is Miller.
`
`Furthermore, because Miller Law Group, P.C. provided legal services and worked with
`
`multiple attorneys both as employees and as contractors when I formed Miller Law Group,
`
`P.C.,
`
`I selected “Law Group” to describe the legal services Miller Law Group, P.C.
`
`provided and to convey that Miller Law Group, P.C. had a group of attorneys with whom it
`
`worked. Today, Opposer continues to provide legal services under the name “Miller Law
`
`Group,” and has two attorney employees, one of counsel attorney, and one staff employee,
`
`
`TESTIMONY AFFIDAVIT OF MITCHELL MILLER
`
`
`
`and has always had at least two attorney employees and one staff employee since its
`
`inception.
`
`8.
`
`Opposer has used the name “Miller Law Group” in connection with the
`
`provision of legal services since January of 2007. Specifically, Opposer has provided and
`
`is providing legal services in the hospitality, real estate, and information technology
`
`industries, as well as doing estate and trust planning and administration.
`
`9.
`
`Since the date of its inception, Opposer has continually offered legal
`
`services under the name “Miller Law Group” and there has been no disruption in 0pposer’s
`
`use of the name “Miller Law Group” in connection with legal services.
`
`10.
`
`Since the date of its inception, 0pposer’s principal place of business has
`
`been, and continues to be, in Palo Alto, California.
`
`11.
`
`Opposer sells, offers for sale, and renders Opposer’s services under the
`
`name “Miller Law Group” throughout the United States.
`
`12.
`
`Consumers of Opposer’s legal services offered under the name “Miller Law
`
`Group” are generally hotel owners (located nationwide),-commercial real estate owners
`
`(located nationwide), hotel management companies (located nationwide), general business
`
`owners
`
`(located throughout California), and high net worth business owners and
`
`individuals (located throughout California).
`
`13.
`
`Opposer’s principal channels of trade through which it offers and provides
`
`its legal services in connection with the name “Miller Law Group” are through in person
`
`meetings, e-mail, phone conferences, the Internet, and mail.
`
`14.
`
`Opposer advertises and markets its legal services under the name “Miller
`
`Law Group” nationwide. Specifically, Opposer advertises its legal services through the
`
`Internet, print publications, speaking engagements, and promotional material distributed at
`
`conferences and speaking engagements.
`
` 3
`
`TESTIMONY AFFIDAVIT OF MITCHELL MILLER
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`15.
`
`Opposer uses or displays the name “Miller Law Group” on the signage at
`
`Opposer’s place of business, and in the business directory located at the office building
`
`where Opposer’s place ofbusiness is located.
`
`16.
`
`Opposer also uses and displays the name “Miller Law Group” on Opposer’s
`
`business cards, website located at www.mil1erlg.com, letterhead, envelopes, and e-mail
`
`signatures. Opposer’s business cards, website, letterhead, envelopes, and e-mail signatures
`
`are distributed throughout the United States and to its contacts worldwide.
`
`17.
`
`Opposer registered the domain name <mi1lerlg.com> in December of 2006.
`
`Opposer’s website located at www.millerlg.com first appeared on the Internet on or around
`
`September of 2007, and has been available on the Internet at all times since then. At all
`
`times since September of 2007, the name “Miller Law Group” and the legal services
`
`provided by Opposer have been displayed on the website.
`
`18.
`
`True and correct printouts of pages from Opposer’s website, as it currently
`
`appears, showing the use of the name “Miller Law Group” in connection with the legal
`
`services offered by Opposer is attached hereto as Exhibit B.
`
`19.
`
`A true and correct copy of Opposer’s letterhead and envelope, showing the
`
`use of the name “Miller Law Group” is attached hereto as Exhibit C.
`
`20.
`
`A true and correct copy of Opposer’s e-mail signature, showing the use of
`
`the name “Miller Law Group” is attached hereto as Exhibit D.
`
`21.
`
`I, and other employees of Opposer, attend hospitality trade shows on behalf
`
`of Opposer. At these trade shows, the name “Miller Law Group” is displayed on signage at
`
`Opposer’s booth. Opposer’s employees also disseminate information regarding Opposer’s
`
`legal services to the trade show attendees, through in person meetings and by distributing
`
`Opposer’s promotional material. Opposer’s employees attend on average about four trade
`
`shows per year on behalf of Opposer. On average, about three of the trade shows are
`
`located in California, and on average, about one of the trade shows is located in another
`
`state. A true and correct copy of the promotional material distributed by Opposer at trade
`M..
`4
`
`TESTIMONY AFFIDAVIT OF MITCHELL MILLER
`
`
`
`shows, showing Opposer’s use of the name “Miller Law Group” in connection with the
`
`legal services offered by Opposer, is attached as Exhibit E to the Stipulated Facts.
`
`22.
`
`I, and other employees of Opposer, attend hospitality, real estate, and
`
`financial planning conferences on behalf of Opposer. At these conferences, the name
`
`“Miller Law Group” is displayed in conference material that is distributed to the conference
`
`attendees, who are located nationwide and occasionally abroad. Opposer’s employees also
`
`disseminate information regarding Opposer’s legal services to the conference attendees,
`
`through in person meetings and by distributing Opposer’s promotional material. Opposer’s
`
`employees attend on average about twelve conferences per year. The conferences are
`
`located throughout the United States. A true and correct copy of promotional material
`
`distributed by Opposer at conferences, showing Opposer’s use of the name “Miller Law
`
`Group” in connection with legal services offered by Opposer, is attached as Exhibit E to
`
`the Stipulated Facts.
`
`23.
`
`I, and other employees of Opposer, attend speaking engagements on behalf
`
`of Opposer, where we give presentations regarding hospitality law, estate plarming, and
`
`financial planning. At these speaking engagements, the name “Miller Law Group” is
`
`displayed in material distributed to the attendees. Opposer’s employees attend on average
`
`about twelve speaking engagements per year. On average, about five of the speaking
`
`engagements are located in Santa Clara County, about three of the speaking engagements
`
`are located in Sacramento County, and about four of the speaking engagements are located
`
`in other states. True and correct copies of material that was prepared and presented by
`
`employees of Opposer to attendees of various speaking engagements, showing Opposer’s
`
`use of the name “Miller Law Group” in connection with the legal services offered by
`
`Opposer, are attached as Exhibits O-Q to the Stipulated Facts.
`
`24.
`
`I, and other employees of Opposer, publish articles on behalf of Opposer
`
`regarding the legal services offered by Opposer. These articles appear in hospitality
`
`newsletters and magazines, which are distributed nationwide. These articles also appear on
`
` 5
`
`TESTIMONY AFFIDAVIT OF MITCHELL MILLER
`
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`various hospitality associations’ websites and on Opposer’s website. True and correct
`
`copies of articles published by Opposer, showing Opposer’s use of the name “Miller Law
`
`Group” in connection with the legal services offered by Opposer, are attached as Exhibits
`
`F-N to the Stipulated Facts.
`
`25.
`
`I, and other employees of Opposer, publish and disseminate newsletters on
`
`behalf of Opposer regarding the legal services offered by Opposer. These newsletters are
`
`distributed at hospitality trade shows and conferences to attendees located nationwide,
`
`through e-mail
`
`to contacts located nationwide, and through mail
`
`to contacts located
`
`nationwide. True and correct copies of newsletters published and distributed by Opposer,
`
`showing Opposer’s use of the name “Miller Law Group” in connection with the legal
`
`services offered by Opposer, are attached as Exhibit R to the Stipulated Facts.
`
`26.
`
`I believe that Opposer should be free to continue to use the name “Miller
`
`Law Group” to designate its business, and the registration of the trademark “MILLER
`
`LAW GROUP” on the Principal Register as sought by Applicant, would be damaging to
`
`Opposer’s right to use the term in designating the nature of its legal services.
`
`27.
`
`If Opposer could not use the name “Miller Law Group” to describe the legal
`
`services that it provides, Opposer would incur damages because it would be forced to
`
`change its letterhead, business cards, website, signage, and brochures. Opposer would also
`
`have to register a new domain name. Furthermore, because the consumers of Opposer’s
`
`legal services are sophisticated consumers, to retain and attract the types of clients listed in
`
`Paragraph 12, Opposer must be able to convey, through its name, that it has several
`
`attorney employees. There are only a limited number of options to do so, and Opposer
`
`fears that if it has to select another descriptive term to convey that it has several attorney
`
`employees, such as “Miller Law Firm,” Opposer could face another trademark proceeding.
`
`28.
`
`Opposer does not claim trademark rights to the name “Miller Law Group”,
`
`but rather seeks the freedom to continue using the name descriptively in connection with its
`
`provision of legal services. I believe that attorneys named Miller should be free to use their
`
`TESTIMONY AFFIDAVIT OF MITCHELL MILLER
`
`
`
`surname along with the descriptive term “law group” to refer to their legal practices, and
`
`that one party should not be the presumed owner of the name “Miller Law Group.”
`
`29.
`
`A true and correct copy of the first ten pages of results of a search on the
`
`Internet search engine at www.google.com for the term “Miller Law Group,” printed on or
`
`about March 21, 2011, is attached hereto as Exhibit E.
`
`30.
`
`True and correct copies of the results of a search on the Internet website at
`
`wwwyellog/pages.com for the name “Miller” in San Francisco printed on or about
`
`November 21, 2010, is attached hereto as Exhibit F.
`
`31.
`
`True and correct copies of pages from the Business and Residence sections
`
`of the San Francisco White Pages, dated December 2009, showing entries for the name
`
`“Miller” is attached hereto as Exhibit G.
`
`32.
`
`A true and correct copy of the results of a search on the California Bar
`
`Association Internet website at www.ca1bar.org for attorneys with the surname “Miller” in
`
`San Francisco, returning 101 results, printed on or about November 21, 2010, is attached
`
`hereto as Exhibit H.
`
`33.
`
`A true and correct copy of the results of a search on the California Bar
`
`Association Internet website at www.calbar.org for attorneys with the name “Miller” in
`
`California, returning 1,263 results but only showing the first 500 results, printed on or
`
`about April 22, 2011, is attached hereto as Exhibit 1.
`
`34.
`
`A true and correct printout of a page from the U.S. Census Bureau website
`
`at
`
`http://www.census.gov/genealogy/www/data/2000sumames/index.htrn1
`
`regarding
`
`genealogy data: frequently occurring surnames from the 2000 census, and a true and
`
`correct copy of “Technical Documentation: Demographic Aspects of Surnames from
`
`Census 2000, by David L. Word, Charles D. Coleman, Robert Nunziata and Robert
`
`Kominski,
`
`located
`
`at
`
`the
`
`website
`
`at
`
`http://www.cer1sus.govfgenealogy/www/data/2000surnames/surnamespdf,
`
`showing that
`
` 7
`
`TESTIMONY AFFIDAVIT OF MITCHELL MILLER
`
`\DOO'--JO\Lh-I>~U-Its.)
`
`10
`
`11
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`12
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`13
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`14
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`15
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`17
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`26
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`27
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`28
`
`
`
`Miller is the sixth most common surname in the United States, printed on or about March
`
`21, 2011, are attached hereto as Exhibit J.
`
`35.
`
`A true and correct copy of the results of a search on the LexisNexis Internet
`
`database, located at www.lexis.com, for the name “Miller” in California news publications,
`
`producing more than 3,000 results, printed on or about April 20, 2011, is attached hereto as
`
`Exhibit K.
`
`36.
`
`A true and correct copy of the results of a search on the LexisNexis Internet
`
`database, located at www.lexis.com, on the name “Miller” in California news publications
`
`from the week preceding April 20, 2011, producing 351 results, printed on or about April
`
`20, 2011, is attached hereto as Exhibit L.
`
`I declare under penalty of perjury under the laws of the United States of America
`
`that the foregoing is true and correct. Executed this 22nd day of April, 2011, at Palo Alto,
`
`California.
`
`Mitchell Miller
`
` 8
`
`TESTIMONY AFFIDAVIT OF MITCHELL MILLER
`
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`EXHIBIT A
`EXHIBIT A
`
`
`
`
`
`2?9li3U5
`
`ENDORSEI3 — FiL‘£”~.-.iI3
`intheotficecltncsecmtary of State
`cl‘ the Stain of Cnlttornin
`
`ARTICLES OF INCORPORATION
`
`DEC 2 0 2086
`
`OF
`
`MITCHELL MILLER, A PROFESSIONAL CORPORATION
`
`ARTICLE I
`
`The company name is Mitchell Miller. A Professional Corporation.
`
`ARTICLE II
`
`The purpose of the corporation is to engage in the Profession of Law and any
`other lawful activities (other than the banking or trust company business) not
`prohibited to a corporation engaging in such profession by applicable laws and
`regulations.
`
`ARTICLE III
`
`This corporation is a professional corporation within the meaning of Part 4.
`Division 3. Title 1. California Corporations Code.
`
`ARTICLE IV
`
`The name and complete address in the State of California of the Corporation's
`initial agent for service of process is:
`
`Name
`Address
`City. State
`
`Mitchell Miller
`260 Sheridan Avenue, Suite 208
`Polo Alto. CA 94306-2009
`
`ARTICLE V
`
`The Corporation is authorized to issue only one class of shares. which shall be
`designated Common Shares. The total number of Common Shares that the
`Corporation is authorized to issue is one-thousand (1,000) shares.
`
`MPMOOOOD2
`
`
`
`ARTICLE VI
`
`(3) The liability of the directors of the Corporation for monetary damages shall be
`eliminated to the fullest extent permissible under California law.
`
`(b) The Corporation is authorized to indemnify the "Agents" [as defined in Section
`31'? of the California Corporations Code) of the Corporation to the mllest extent
`permissible under California law.
`
`(c) Any repeal or amendment of this Article VI shall not advasely affect any right of
`or protection affonied any agent of the Cotporation in effect at the time ofthe repeal or
`amendment.
`
`Mitchell Miller
`
`Inoorporator
`
`
`
`MPMOOOOOS
`
`
`
`State of California
`Secretary of State
`
`
`
`I. BRUCE MCPHERSON, Secretary of State of
`California, hereby certify:
`
`the State of
`
`That the attached transcript of 7 page(s) has been compared
`with the record on file in this office, of which it purports to be a copy, and
`that it is full. true and correct.
`
`
`
`I execute this
`IN WITNESS WHEREOF,
`certificate and affix the Great Seal of the
`State of California this day of
`
`DEC 2 1 2005
`
`‘
`
`-
`
`BRUCE Mc.PI-IERSON
`Secretary ofstatc
`
`Saclstaie Fmm CE-107 rREV03«’31'I‘D5,I
`
`H can 0:: sum
`
`NIPMOOOOO4
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`
`
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`
`The Miller Law Group com bines indust ry- focused legal experience with pract ical, bot t om - line business
`acum en t o create cost - effect ive, st rat egic legal solut ions that deliver direct financial benefit s t o our clients’
`com panies t hroughout California and nat ionwide. From our offices in Palo Alt o, California, we concent rate
`our practice in four prim ary indust ries: hospit alit y , com m ercia l real est at e , inform at ion t echnology
`and w ealt h planning . Wit hin t hese industries we m aint ain a vibrant business t ra nsact ions and civil
`lit igat ion pract ice, and provide business owners, high level execut ives, and fam ilies wit h a range of w ealt h
`preserva t ion services, including int egrat ing business st rategies wit h fam ily wealt h st rat egies in t he
`cont ext of asset prot ect ion, retirem ent planning, higher educat ion planning, business success, incom e and
`estate t ax m inim ization, int ergenerat ional transfer, and probat e and t rust adm inist ration.
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`For m ore than 15 years, t he Miller Law Group has focused it s pract ice on serving specific industries t o
`develop propriet ary syst em s that seek t o deliver world- class represent at ion as cost - efficient ly as possible.
`Whet her t he client is a developer, hotel owner, m anagem ent com pany, or I T com pany, we work
`st rat egically and creat ively t o facilit at e deals while prot ect ing a client’s interest s from high- asset deals t o
`com plex disput es. Our firm has est ablished a reput at ion for leveraging the lat est advances in technology t o
`help our client s, and has earned an AV Preem inent rat ing from national directory of at torneys Martindale-
`Hubbell, indicating t hat fellow att orneys rank us at the highest levels of professional excellence and et hical
`pract ice.
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`Feel free t o browse t his websit e t o learn m ore about our professionals or our pract ice . To find out how
`we can assist you or your organizat ion, cont act t he Miller La w Group, P.C. t oday . I n California, we
`serve client s in Palo Alto, Sacram ent o, San Diego, Los Angeles, and the San Francisco Bay Area. I n
`addition, due t o Miller Law Group’s specialized expert ise in hospit alit y, hot el owners and m anagem ent
`com panies t hroughout t he Unit ed St at es have engaged our services, including organizat ions in Florida, New
`Jersey, New York, I owa, I ndiana, Michigan, Oregon, Arizona and Nort h Carolina.
`
`This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the
`formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]
`
`http://www.millerlg.com/
`
`4/22/2011
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`Palo Alto Real Estate Lawyers | Los Angeles Hospitality Attorneys | Miller Law Group, P...
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`650-566-2290 FAX 650-566-2298
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`260 Sheridan Avenue, Suite 208, Palo Alto, CA 94306-2009
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`Mitch Miller
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`Principal
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`Since 1981, firm principal Mit ch Miller has served as counsel t o num erous com panies in a wide range of sect ors, including real est at e and
`developm ent, hospitalit y, const ruct ion, and inform at ion t echnology. He also has served as CEO/ COO in several of t hese sit uat ions. For exam ple,
`Mr. Miller act ed as execut ive vice president and chief operating officer for t wo bout ique hot el com panies. I n t hese posit ions, he was responsible for
`supervising t he renovat ion, operat ions, and developm ent of hot el propert ies.
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`Mr. Miller assist s hospitalit y and real estate com panies wit h buy/ sell t ransact ions, debt / equity financings, 1031 exchanges, syndications, j oint
`vent ures, developm ent agreem ent s, m anagem ent agreem ent s, franchise negotiat ion and disput e resolution, m arket ing and reservat ion
`agreem ents, rest aurant/ banquet leases and revenue sharing agreem ent s, and general business and real estate lit igat ion m att ers.
`
`He advises business owners and senior executives on st rat egic asset planning and has part icular expert ise at int egrating business wit h fam ily
`wealt h strategies. Over t he years, his client s have cont inually t urned to him for seasoned counsel and assist ance wit h asset prot ection, ret irem ent
`planning, philant hropy, incom e and est at e t ax m inim izat ion, business succession, and intergenerat ional t ransfer.
`
`He is an active advocat e in com m unity and t rade organizat ions and serves on t he Sust ainable Business I nst it ut e's board of direct ors. He also
`is form er general counsel and director of t he I nt ernat ional Angels I nvest ors, and founder and form er t reasurer of Com m unit y H ousing
`Developers, I nc., a non- profit developing affordable housing for seniors, disabled individuals and ot hers.
`
`Mr. Miller has received an AV Preem inent rat ing from Martindale- Hubbell, indicating t hat peers rank him at t he highest levels of legal abilit y and
`ethical pract ice.
`
`Mitchell Miller has been appoint ed a m em ber of t he Franchise Law Com m it t ee of t he Business Law Section of t he St at e Bar of California. The
`Com m it tee is concerned wit h legislat ive, j udicial, and regulat ory issues relat ing t o franchised businesses and business opport unit ies, as well as t he
`int erest s of t he legal and business com m unit y involved in franchising. Mem bership on t he Com m it tee affords him unique opport unit ies t o influence
`and part icipate in the creat ion of California franchise invest m ent law.
`
`Mitch Miller is one of the country's m ost widely published at t orneys and sought aft er speakers on num erous hospit alit y relat ed issues. He and his
`wife Linda of 26 years have t hree children. The fam ily resides in Palo Alto, California. A dedicat ed com m unit y leader, Mr. Miller is very act ive in
`youth at hlet ics and has coached football and basket ball at various schools and leagues for a com bined 15 years.
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`Publications
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`AAHOA Magazine, January 2008, "Fair Franchising and Areas of Prot ection"
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`Lodging Hospit alit y, Sept em ber 2007, "Condo Hot els: I s Wit hholding I nfo t he Right Answer?"
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`CLI A Magazine, Fall 2007, "Franchise Agreem ents 2007: What t o Expect and What t o Avoid"
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`CLI A Magazine, Sum m er 2007, "Sust ainable Business Pract ice in t he Lodging I ndustry: St range Bedfellows - Good Business"
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`National Associat ion of Condo Hot el Owners Magazine, "Condo Hot el Unit Sales: Com ply wit h t he Law and Make Full Disclosure? We Think So"
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`CLI A Magazine, "Energy Surcharges: A Risk - Benefit Snapshot "
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`CLI A Magazine, "Hot el I nternet Access- A Standard Am enity, But At What Cost ?"
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`Hotel Business Magazine, "Franchisees Do Have Rights"
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`The Real Est at e Forum Magazine, "The Hot el Managem ent Agreem ent and The Owner's Return on I nvest m ent "
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`California Lodging I ndust ry Associat ion Magazine, "Tips on FF&E Leasing."
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`Presentations and lectures
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`California Lodging Expo sponsored by t he California Lodging
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`I ndust ry Associat ion, Sept em ber 2008, "Buying, Selling, Operat ing Hot els: Essent ial Legal St rategies t o Add Value", "From Drafting t o Design:
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`Planning Your Propert y t o Meet Current and Fut ure Trends"
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`http://www.millerlg.com/attorneys/m-miller/
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`4/22/2011
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`Palo Alto Real Estate Lawyers | Los Angeles Hospitality Attorneys | Miller Law Group, P...
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`Lodging Conference, Septem ber 2008, "Lucrative Mixed- use Proj ect s: From init ial m arket research and feasibility t o zoning, infrastruct ure,
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`part nerships and planning, this session will cover all of t he com ponent s t hat go int o creat ing a successful m ixed- use com m unit y."
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`AAHOA Annual Convent ion March 2008, "Fair Franchising"
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`Hotel Brokers I nt ernat ional Annual Meeting January 2008, "Current I ssues in Hot el Purchases and Sales"
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`California Lodging I ndust ry Association, Annual Meet ing Present at ion Novem ber 2007, "Franchisor/ Franchisee I ssues: Current Developm ent s"
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`Hilton Hotels Diversit y Conference Oct ober 2007, "Hospitalit y 101: What Every Hot el Owner Should Know"
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`California Lodging I ndust ry Association, Annual Meeting Present at ion Oct ober 2006, "Top Ten Legal I ssues"
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`Condo Hot el Sum m it 2006 and 2007 Present at ion, "Protect ion from Lawsuits: What Owners and Developers Need To Do To Avoid Lit igat ion"
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`The Lodging Conference 2006, "Owners I nvest m ent Forum "
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`The Lodging Conference 2005, "Construct ion, Bridge, and Mezzanine Financing"
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`The Lodging Conference 2004, "Sm aller Hot el Deal up t o 10 Million Dollars"
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`Spring 2005 Guest Lect urer, Est at e Planning for Financial Planning Professionals, Universit y of California Sant a Cruz Ext ension
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`Hotel Brokers I nt ernat ional Market place, "Legal Considerat ions of Brand ( Franchise) Affiliat ion"
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`The Lodging Conference 2003, "Channel Managem ent and Channel Conversion: Mult i- Channel Dist ribut ion I s Not a Technology I ssue", and
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`"Working With Lenders While Posit ioning The Turnaround"
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`The Lodging Conference 2002, "Deciphering Managem ent Agreem ent Lingo - Current I ssues in Hot el Managem ent Agreem ent s" and "Hot el
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`Risk Managem ent I nsurance Requirem ent s and Cost s"
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`Other speaking engagements:
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`Sant a Clara Universit y, Leavey School of Business, "The Legal Aspects of Ent repreneurship"
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`San Jose St at e Universit y Graduat e School of Business, "Venture Capit al Financing and t he St art- Up Com pany"
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`Universit y of California Ext ension, "Est at e Planning for Financial Professionals"
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`California Convent ion of Privat e Fiduciaries, "Life I nsurance Trust s - I ssues t o Consider"
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`New York Life I nsurance, "Buy Sell Agreem ents and Life I nsurance Funding"
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`Waddell and Reed Financial Advisors, "Business Succession"
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`I ndia Post TV, Host , "Ask the Att orney"
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`Allied Memberships
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`AHLA & CHLA, CLI A, CABBI , AAHOA, NABHOOD, and HHOA
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`Education
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`J.D, M.B.A., Sant a Clara Universit y
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`B.A. wit h honors, Universit y of Rochest er
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`This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the
`formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]
`
`http://www.millerlg.com/attorneys/m-miller/
`
`4/22/2011
`
`
`
`Palo Alto Hospitality Industry Business Lawyers | California Estate Planning Attorneys | ...
`
`Page 1 of 1
`
`Home Firm History & Philosophy Attorney Profiles
`
`Practice Areas
`
`News Testimonials Representative Cases Articles & Newsletters
`
`650-566-2290 FAX 650-566-2298
`
`260 Sheridan Avenue, Suite 208, Palo Alto, CA 94306-2009
`
`Practice Areas
`
`Based in Palo Alt o, at t orneys at Miller Law Group, P.C. represent client s locat ed throughout t he Unit ed St at es wit h t heir legal needs in California,
`wit h particular expertise in t he areas of hospit a lit y, real est at e, business t ra nsact ions and w ea lt h preservat ion. Our at t orneys com bine
`wide- ranging legal experience with pract ical, bot t om - line business acum en. Our represent at ion is defined by our t horough underst anding of t he
`environm ent s in which our clients do business. We leverage t his knowledge t o creat e cost- effect ive, strategic legal solut ions that deliver direct
`financial benefit s t o our client s' com panies. For furt her inform at ion regarding our services, please see below, or cont act M iller Law Group, P.C.
`
`Hospitality
`Miller Law Group represent s nat ional and int ernat ional hot el owners, developers, m anagem ent com panies, and rest aurant operat ors. Firm
`principal M it ch M iller is one of t he nat ions m ost widely published at t orneys and sought aft er speakers on hospitalit y relat ed issues.
`
`We t ailor our counsel t o each client 's particular challenges and obj ect ives, with an em phasis on big- pict ure strat egies t hat add value and t ake
`cases t o a successful conclusion. For further inform at ion, see our hospit alit y page.
`
`Real Estate
`Wit h over four decades of collect ive experience, t he att orneys of Miller Law Group possess extensive experience in t he developm ent and financing
`of com m ercial real est at e. Over t he years, we have assist ed client s wit h hundreds of real estate t ransact ions and have a wealt h of experience in
`real est at e lit igat ion. See our real est at e page for m ore inform at ion on this area of our pract ice.
`
`Business
`Miller Law Group represent s a diverse array of em erging and est ablished sm all t o m id- sized businesses. Drawing on years of pract ical business
`experience, MLG at t orneys help clients develop and im plem ent dynam ic strat egies t hat will fuel growt h and enhance profit abilit y now and in t he
`fut ure. Please see our business page for further inform at ion on



