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Business Formation Questions & Answers
1 Answer | Asked in Copyright, Business Formation and Intellectual Property on
Q: Hi, my client has a product they want to bring to market but there is a similar name registered already - 79263156

Is this still in use? It states it has been abandoned - we are UK based. Thanks

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 18, 2021

You should consult with a US attorney. Even a non registered mark can have some rights.

1 Answer | Asked in Business Formation for Pennsylvania on
Q: Operating Agreement (LLC)

Good morning. I hope all is well with you.

I am establishing a legal entity in the United States in the state of Wyoming. In the Operating Agreement, I need to include information about the partners, which includes the place of residence. For an American, I have to include the street, city,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

For some reason this is listed in Pennsylvania. You need to relist in the Wyoming section. However, chances are, you need to speak with a corporations specialist in Wyoming.

Certain states limit partnership for certain activities to resident foreigners.

As to the foreign...
Read more »

1 Answer | Asked in Criminal Law and Business Formation for California on
Q: too confusing for a civilian. Does this mean i can get my personal possessions back without needing to pay?

My items were burglarized, and i located them at a pawn shop, but i dont have the money to buy them back. They gave the THIEF ( im not calling them a defendant) thousands and the pawn shop is requesting i pay. I obviously want to prosecute, so does this mean i can get my belongings back without... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 14, 2021

more info is needed.

did you make a police report? contact the police to let them know you found the items.

they should be able to assist you too.

2 Answers | Asked in Business Formation for Florida on
Q: Can I have a copyrighted word in my business name? (LLC)

The word is Expedair. Looks like it is an Air Cananda copyrighted word for one of their services.

Michael  Mayoral
Michael Mayoral answered on Oct 14, 2021

This could amount to trademark infringement. Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. This... Read more »

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3 Answers | Asked in Copyright, Business Formation and Insurance Defense for Oregon on
Q: Can I use a like image of PennyWise on my Tattoo Shops logo?

My company's name is INK Therapy, or "IT"

AND the slogan is,"Sit down and deal with IT"

I'm trying to find out if I can use PennyWise's image???

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 10, 2021

Basically no, as you would presumably infringe on someone's copyright and also likely a trademark.

I try to make it simple: If you are trying to make money off of someone else's work, there is likely a problem.

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: can a county tourism dept and landfill pilot drones without a part 107 licence?

if not, can somone persue legal thru attorney representation

Linda Liang
Linda Liang answered on Oct 7, 2021

You can conduct research as to the local regulation with the help of an attorney. You can also hire an attorney to challenge this act following certain procedure. Hence, the short answer is yes.

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1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Louisiana on
Q: Does this law apply to reinstated HOA? We had our HOA reinstated with no vote by a self elected board after 7 years.

HOA was dissolved in 2013. Now new self elected president wishes to enact rules. Most of neighborhood does not know HOA was reinstated. It was revealed only on an nextdoor web app. Question is in reference to RS 12.1-1444

Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 6, 2021

I would advise that one first looks at the covenants and restrictions of the subdivision and see whether or not a HOA was initially discussed. If there is no mandatory HOA, then I would think the property owners would not be subject to the HOA. Further, you may want to consider consulting/hiring... Read more »

1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: Do I need an s-corp to be a medical transcriptionist in NJ or can I register as an LLC?

I do medical transcribing parttime from home. The group I work with was audited by NJ 5 years ago and fined because the transcribers that live in NJ supposedly need an s-corp license, not an LLC. This applied to only those who live in NJ. Why? I opened an s-corp this year and the cost of running a... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 5, 2021

An "S" Corp is the accountant's best friend and your worst enemy. You need to retain an experienced licensed attorney to custom draft the documents required for an LLC. If you are not at least a 3 member LLC the "corporate veil" that protects you from liabilty can easily be pierced.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: I am looking for the Statute that designates what financial documents are required to be given to an investor.

My investor is asking, aggressively, for my businesses bank statements and I don’t believe that this is documentation he is entitled to.

Cory D. Raines
Cory D. Raines answered on Oct 3, 2021

Depending on what type of investment opportunity you are offering will determine whether state, federal, or both laws apply. If federal, then securities laws outlined in the Securities Act of 1933 and 1934 as well as regulations provided by the Security and Exchange Commission will apply.... Read more »

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Can i sue someone that ripped me off by putting money into there account for a buisness and they took off with the money

They are not giving me my money back out of the account and not allowing me to be apart of it

Cory D. Raines
Cory D. Raines answered on Oct 3, 2021

Assuming that this person had an agreement with you to provide a good or service in exchange for your payment, then you likely have a claim against that person. These claims could include but are not limited to breach of contract, fraud, and unjust enrichment.

Depending on the underlying...
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1 Answer | Asked in Business Formation for Pennsylvania on
Q: Establishment LLC

Good afternoon.

I hope you are doing well and business is booming.

I'm trying to set up a legal entity in the state of Wyoming. The business structure of the organization is an LLC.

There is a clause in the Operating Agreement that says the following:... Read more »

Nancy L Lanard
Nancy L Lanard answered on Sep 30, 2021

It means that any LLC property (business assets, such as computers, phone systems, POS, real estate, vehicles, etc.) are owned by the LLC and not owned by any of the owners/members of the LLC personally. These business assets are the property of the LLC and not property of the owners of the LLC.... Read more »

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: Are you required to open a business bank account?

If you're a sole proprietor and also file a DBA in Maryland.

Mark Oakley
Mark Oakley answered on Sep 26, 2021

No, but it’s a lot cleaner and easier for accounting and tax purposes if you do, since you need to separate out business expenses and income from your personal expenses. It’s a much better business practice as well since there may come a time when you’d like to obtain business financing,... Read more »

1 Answer | Asked in Business Formation, Business Law and Copyright for Washington on
Q: If I purchase nfl stickers and used them to decorate masks to sell would that be copyright infringement?

I am thinking of decorating masks with nfl stickers and then selling them on a craft website.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 20, 2021

Very likely. Consult with an attorney.

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Illinois on
Q: I want to start a cannabis business but licensing is too expensive in Illinois, how legal is it to sell cannabis clones

What is a Cannabis clone? A cannabis plant that is a genetic copy of the mother plant. When obtained from a reputable breeder, a clone is a young female cannabis plant with stable genetics. Growers typically select to raise clones instead of seeds when they would rather not risk getting a plant... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 16, 2021

No, it would not be legal as the State of Illinois requires a very strict licensing, regulation, and eligibility for any cannabis and its derivatives operation in the state.

Besides, such operation does not qualify as a Sec. 503 non-for profit entity as it would be geared towards profit...
Read more »

1 Answer | Asked in Business Formation and Business Law for Oklahoma on
Q: What happens, in Oklahoma, if a partner dies that is in a partnership LLC?

No contract ever written. No operating agreement

James Tack Jr
James Tack Jr answered on Sep 15, 2021

The personal representative of a member who dies becomes an assignee of the member's interest. The member's assignee interest could be distributed in a probate proceeding to the heirs or devisees of the decedent. The holder of the assignee interest can become a member upon a vote of the... Read more »

1 Answer | Asked in Employment Law, Business Formation and Business Law for Florida on
Q: A company wanting to pay me $400 for 2,500 shares. I asked for fare value of current shares and they said no. see below

they quoted: Under Article 113 of the Colorado Business Corporation Act, saying "If you wish to assert dissenters’ rights, you must deliver to the Company, no later than [30 DAYS AFTER NOTICE]" which has expired.. I'm curious if someone sends a notice saying you have 30 days and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

If it's a Colorado corporation, you probably should ask your question in Justia > Ask a Lawyer > Colorado.

2 Answers | Asked in Business Formation and Business Law for California on
Q: Once a corporation has been formed can shares of stock not be issued, and if so who owns the corporation?

Once a corporation is duly incorporated, who owns the corporation if no shares of stock have been issued, and can ownership change simply by issuing the majority of shares to and officer (say CEO) of the corporation without that officer having to pay for them?

Doug Bend
Doug Bend answered on Sep 17, 2021

You could change the ownership of the corporation by issuing shares to an officer of the corporation. To do so, I recommend that you have a stock purchase agreement, a Board consent authorizing the issuance of the shares and submit a 25102(f) securities filing for the issuance of the shares.

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1 Answer | Asked in Business Formation and Copyright for Illinois on
Q: I buy throw pillow covers (Amazon and Walmart) and enhance the imagery and sell them. Am I infringing on a copyright
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 12, 2021

depends

It is not clear what you intent to do, you should consult with an attorney

1 Answer | Asked in Business Formation for Maryland on
Q: Do I need a partnership agreement for a Stock Corporation? We have four members (2 husband and wife members).
Mark Oakley
Mark Oakley answered on Sep 9, 2021

Definitely you should have a stockholders agreement, to cover disputes over major decisions, control of the company, how matters are resolved (majority vote or unanimous), restrictions on resale of stock or issuance of new stock to new owners; the authority of the president to fire or modify the... Read more »

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