Questions Answered by Ray Beckerman

Q: Do I need permission to publish an original instruction manual for a product that has a poor one? Can I use product name

1 Answer | Asked in Intellectual Property on Aug 28, 2014

Answered on Sep 5, 2014

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Ray Beckerman's answer
I am not aware of any formal barrier to your doing that, so long as you make it clear that you are not the company, and you are doing this on your own, and so long as you give full recognition to their trademarks.

However, I wouldn't do it, because it would not be surprising for the company to come after you anyway, in these litigious times, unless you get their permission.

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Q: How to register trademark in USA

1 Answer | Asked in Intellectual Property for Texas on Aug 23, 2014

Answered on Sep 5, 2014

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Ray Beckerman's answer
You come to a lawyer experienced in filing trademark applications and we take care of it, usually online.

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Q: Me and 5 friends would like to start an llc for the purpose of pooling our money for trading stocks. Is this legal?

1 Answer | Asked in Business Formation for Illinois on Sep 4, 2014

Answered on Sep 5, 2014

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Ray Beckerman's answer
Yes it's legal. I can set one up for you, and provide a draft operating agreement.

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Q: what to do when venture capitalist try to take over everything you have invented just before FDA approval

1 Answer | Asked in Intellectual Property for Hawaii on Aug 29, 2014

Answered on Sep 5, 2014

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Ray Beckerman's answer
That is a common event. It depends on what the contracts and other documents say. You definitely need major legal representation.

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Q: Is there any legal barrier to use celebrity faces in applications?

1 Answer | Asked in Intellectual Property for California on Aug 30, 2014

Answered on Sep 5, 2014

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Ray Beckerman's answer
Yes there are huge legal barriers. It's not a copyright issue, it's what is called a "right of publicity" issue.

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Q: Can a local competitor place an internet banner on your line listing with supermedia.We R trademarked

1 Answer | Asked in Intellectual Property for Maryland on Aug 30, 2014

Answered on Sep 5, 2014

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Ray Beckerman's answer
Your question is very unclear. I would need to see the sites in question, the banner, etc., and would probably have further questions for you.

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Q: Can I freely use quotes from facebook, tumblr, or pintrist, in a book that Im writing?

1 Answer | Asked in Copyright for Illinois on Sep 4, 2014

Answered on Sep 5, 2014

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Ray Beckerman's answer
Not 'freely'. You would certainly run into some copyright questions. There might or might not be fair uses in your use of the quotes, which would be a defense to liability, but I would need to review each quote and the context and manner in which you use it.

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Q: Can I use puppets of public figures saying actual quotes by those figures, attributed to them, in an animated short?

1 Answer | Asked in Copyright for New York on Sep 5, 2014

Answered on Sep 5, 2014

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Ray Beckerman's answer
It's more of a "right of publicity" question than a copyright question. It would depend a lot on who the public figures are. I would need to know more of the facts.

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Q: If someone owes me 100,000$, and they own a million dollar home, can a judge make them sell their house to pay me?

1 Answer | Asked in Collections for California on Sep 3, 2014

Answered on Sep 4, 2014

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Ray Beckerman's answer
Laws for these type of procedures vary from state to state, but probably you would have to sue the person for the money, and get a judgment. Then, once you have a judgment, you can go about enforcing the judgment, which would include levying on nonexempt assets of the judgment debtor. You can find a lawyer through the county bar association, or if you would like a referral from me, give me information about the specific location of yourself, the person who owes you the money, and the real...

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Q: can I discredit witness' sworn testimony by his prior unsworn statement?

1 Answer | Asked in Civil Litigation on Aug 26, 2014

Answered on Sep 4, 2014

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Ray Beckerman's answer
Yes, a witness can be impeached on cross examination by bringing up prior inconsistent statements.

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Q: Knowledge during Merger

1 Answer | Asked in Business Law for New York on Aug 24, 2014

Answered on Sep 4, 2014

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Ray Beckerman's answer
Yes there is a great body of caselaw on the duty to disclose hidden risks prior to a merger.

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Q: My friend wants to add me as partner to his LLC company that was formed 2 yrs ago by an attorney. I want to add clause,

1 Answer | Asked in Business Law for New Jersey on Aug 29, 2014

Answered on Sep 4, 2014

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Ray Beckerman's answer
This is absolutely not something you should be doing without a lawyer; you are making a big mistake trying to do it on your own.

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Q: Can someone arbitrate in newyork though he signed to arbitrate in another country

1 Answer | Asked in Broker Fraud for New York on Apr 16, 2014

Answered on Sep 4, 2014

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Ray Beckerman's answer
If the arbitration agreement mandates a location, that is usually enforced by the courts. But if both sides agree to arbitrate in New York, then it can take place in New York.

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Q: What happens after I mediate. Does this give them the right to collect attorney fees after this in an adversarial action

1 Answer | Asked in Arbitration / Mediation Law for California on Sep 2, 2014

Answered on Sep 4, 2014

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Ray Beckerman's answer
Mediation is a consensual process, the purpose of which is to assist the parties in arriving at a mutually acceptable settlement. I think it is best to do it as soon as possible, since one of its purposes is to help the parties avoid litigation expenses.

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Q: this person has created a slanderous website against me , what can I do?

1 Answer | Asked in Libel & Slander for Nevada on Jul 20, 2014

Answered on Sep 4, 2014

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Ray Beckerman's answer
If you have an actual defamation claim against them, you can sue for damages.

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Q: Help on M&A

1 Answer | Asked in Business Formation for California on Aug 24, 2014

Answered on Sep 4, 2014

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Ray Beckerman's answer
I do not understand your question, but if you are asking whether there is caselaw about the duty to disclose potential risks to an acquiring company, yes of course there is abundant case law on that subject.

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Q: Are there ways, other than the creation of an LLC/Corporation, to get limited liability for the owners of a website?

1 Answer | Asked in Business Formation for North Carolina on Apr 23, 2014

Answered on Sep 4, 2014

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Ray Beckerman's answer
In the first place, the only way to get any form of limited liability is through setting up an LLC, or corporation. Secondly, limited liability will protect the shareholders from certain types of corporate liabilities, but NOT from tort liability such as copyright infringement, trademark infringement, patent infringement, in which those shareholders were involved.

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Q: Being harassed on internet and slandered. what can I do

1 Answer | Asked in Communications Law for Virginia on Aug 12, 2014

Answered on Sep 4, 2014

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Ray Beckerman's answer
If you have a viable defamation case, you can bring a lawsuit for money damages.

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Q: I am selling a product that requires images be uploaded to our site.

1 Answer | Asked in Entertainment / Sports for Oklahoma on Jul 18, 2014

Answered on Sep 4, 2014

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Ray Beckerman's answer
Yes you should clearly have your business model reviewed by a knowledgeable copyright attorney, to make sure that you don't become liable for copyright infringement.

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Q: Hello,My previous employer posted an article on ripoff report.com stating me as a criminal.

1 Answer | Asked in Internet Law for New York on May 6, 2014

Answered on Sep 4, 2014

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Ray Beckerman's answer
You would need to provide more information as to what kind of "court order" you're trying to get.

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