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Pennsylvania Business Law Questions & Answers
1 Answer | Asked in Business Law and Trademark for Pennsylvania on
Q: How do I know if an item is trademarked?Am I allowed to use video footage from my competitions ads?
Erik Špila
Erik Špila
answered on Nov 22, 2022

If someone does marketing through video ads for his products, he most probably has his product trademarked. However to have complete answer to this a qualified trademark research must be performed. I highly recommend you to seek an advice from intellectual property lawyer in your area first.

1 Answer | Asked in Employment Law, Business Law, Car Accidents and Collections for Pennsylvania on
Q: Can independent contractor bill a person for lost wages

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Barry W. Kaufman
Barry W. Kaufman
answered on Nov 21, 2022

You would have to see a lawyer to determine whether you can sue the other party for lost wages. Employment laws vary from state to state. I think you'd have a tough time proving that you lost income as an independent contractor. W2 employee income is known and predictable, but yours isn't... Read more »

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: I want to start a business and have legal questions.

I want to start a classifieds webpage for cannabis products for dispensaries and consumers alike. How can I make that happen?

Robert Kost
PREMIUM
Robert Kost
answered on Aug 2, 2022

One response is "just do it." But a better answer would be to form a business entity, such as a corporation or a limited liability company, to protect your personal assets from exposure to business liability.

1 Answer | Asked in Trademark and Business Law for Pennsylvania on
Q: When filling out a trademark form should I put my name or the companys name as the owner of the mark as a sole proprietr
Dane E. Johnson
Dane E. Johnson
answered on Jul 9, 2022

A sole proprietorship is not a business organization separate from its owner. This means that there is no legal “person” involved except the proprietor, so there is nobody else who could own property in their own name. A small business owner might register a “doing business as” name, but... Read more »

1 Answer | Asked in Business Law for Pennsylvania on
Q: I want to close my business. It was established as a partnership. Who should we call to help do this correctly?
Nellie T Schulz
Nellie T Schulz
answered on Apr 24, 2022

I think you should work with your certified public accountant and he may have to work with your partners’ accountants. It would be best if each partner had his own accountant, as there will be issues that all partners (such as valuations) would have to agree to.

2 Answers | Asked in Bankruptcy and Business Law for Pennsylvania on
Q: Should I file bankruptcy?

I started a business with my dad when I was 19 in 2014. Neither of knew absolutely anything about running a business. So we created a partnership through legal zoom (first mistake). We carried on business as usual and messed up filing our taxes so had somebody fix it. Then 2 years later we split... Read more »

Daniel Edward Mueller
Daniel Edward Mueller
answered on Apr 2, 2022

As you are not incorporated, closing the business will not eliminate your personal liability. Although bankruptcy may be the solution, it will take a detailed examination of your overall financial situation to be certain.

That being said, Chapter 7 bankruptcy may help you eliminate most or...
Read more »

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1 Answer | Asked in Contracts and Business Law for Pennsylvania on
Q: After a quote has been received and accepted, can a subsequent invoice be created and charged for a different item?
Robert Kost
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Robert Kost
answered on Feb 10, 2022

I'm sorry: this question can't be answered as asked. Lots more detail and context is necessary. The question needs careful deconstruction. If this is an actual situation you are facing, and you are asking for specific advice, you should talk with an attorney. Good luck.

2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: Does a PA (USA) Sole Proprietorship have to file DBAs for other states and Foreign Countries?

Background: I am going to see life coaching clients from all over the USA/world by online teleconferencing software.

Do I need to file DBAs for each USA States and Foreign Country when I encounter a new client from a new country/USA state?

Robert Kost
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Robert Kost
answered on Jan 3, 2022

Assuming you will be 'headquartered' and conducting business in PA from a teleconference originating in PA, I believe the answer is "no."

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1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: This is regarding a business contract I have with an electronic signature company regarding records.

without a court order nor my permission who has the legal right to contact and receive the records that were signed and uploaded to the electronic signature company software. Please remember I am the client who has the contract with this company. A third party signed a contract and is attempting... Read more »

Robert Kost
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Robert Kost
answered on Dec 13, 2021

What does your contract with the electronic signature company say? What do you mean when you say "attempting to obtain"? Subpoena? I'm not sure what the detective has to do with it.

This question is difficult to answer as stated. It would be best to obtain advice of counsel.

Good luck.

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: Small Business legal advice

I registered three business names as LLCs and received EINs in New York State. One business is online (functions in Pennsylvania) and the other two are for real estate and branding purposes. I haven't made any money and I forgot to publish the businesses in the newspaper. Should I publish now... Read more »

Robert Kost
PREMIUM
Robert Kost
answered on Nov 10, 2021

The good news: there is no publication / advertising requirement for Pennsylvania LLCs. There's also no need to change the LLC structure in order to pay yourself when the business profits (or even before it does). We can take up the general business counseling in an out-of-band... Read more »

1 Answer | Asked in Business Law for Pennsylvania on
Q: Am I responsible for a loan my dad got a for business from the previous owner?

My dad got a business loan from the previous owner of said business in 2005. Regular payments have been made to the lender since. My dad recently died and now the lender said the balance was supposed to be paid over 7 years ago and wants the rest of his money from me.

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

You are not responsible for the debts of your father. Tell the lender to submit the debt to the estate.

However, if the loan isn't personal but a business loan, if the business is up and running it can be submitted to them.

Jot down each time they call, who you speak to, the...
Read more »

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: If someone changes things in a commercial lease, with white out, post signing it, is that a breach of contract?

We put down 4,000 to open a business. We signed the lease but because of Covid, weren't able to get the paperwork in the normal, timely fashion. When we went to get the lease, it was altered.

Nellie T Schulz
Nellie T Schulz
answered on May 6, 2021

I don't think there are enough facts in your question to be able to give any response It doesn't say whether you took a copy of the signed, unaltered lease with you at the time you and the landlord signed it; or whether you told the landlord that the lease had been changed when you... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: how to legally make contracts and what to put in them.

I want starting a business with someone else using my idea/system that i made, I want to share the business 50/50, how can I make this legal, as well as make sure they don't steal the information and use it somewhere else?

Michael Cherewka
Michael Cherewka
answered on Apr 8, 2021

You have a number of questions here that you really need to sit down with a business attorney and sort through your best options. First of all I never recommend a 50/50 split of ownership because it can lead to deadlocks at a number of levels in the business. As far as your idea/system, that... Read more »

1 Answer | Asked in Business Law and Small Claims for Pennsylvania on
Q: Can you be sued for defamation of character if you didnt complete a job for someone and stated why to them?

I have a cleaning company, the client complained that we did mot finish few things, i told her the reason why was my crew saw a bug that they thought to be a roach and did not want to return., i offered to return 3 seperate times myself even though i saw a dead one., she refused and asked for... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

It is not defamation or slander if the conversation is between the two of you. Defamation and slander require that there be some public statement. Do not, by the way, discuss this on facebook or any social media--that's where people get into trouble!).

All the best.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Pennsylvania on
Q: Filing a single member LLC in PA as a CPA, are tax preparation services considered restricted professional services?

I am filing an LLC in Pennsylvania to provide general accounting service and preparing tax as a CPA, are the services to be provided considered restricted professional services? The LLC will be a single member LLC. The member is a licensed CPA. No public accounting (typically Auditing or advisory)... Read more »

Michael Cherewka
Michael Cherewka
answered on Jan 11, 2021

The term "public accounting" as defined in TItle 15 (Section 8996(d) is broader than auditing and advisory services. In fact it specifically lists preparation of tax returns in your capacity as a CPA.

1 Answer | Asked in Trademark, Copyright, Business Law and Intellectual Property for Pennsylvania on
Q: My question is about avoiding violating a third-party trademark.

My question is about avoiding violating a third-party trademark.

Here’s a quick summary:

A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... Read more »

Timothy John Billick
Timothy John Billick
answered on Dec 28, 2020

It depends on how you use the trademarked image. Trademark infringement depends on a lot of factors such as: (1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7)... Read more »

1 Answer | Asked in Business Law and Trademark for Pennsylvania on
Q: How to resolve a trademark dispute between 2 ex business partners going separate ways, no written contracts were signed

5y ago 2 business owners decided to join forces by launching a branded product.

Both operated as 2 separate sole proprietorships, and that did not change with creation of the brand.

Person A registered the domain, did product development and paid for the initial production.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 28, 2020

Tough, tough situation.

Unless you can resolve it amicably, you will have to resort to litigation.

The best approach would be to move on and pick a new trademark.

I can not believe that the product is so unique that you can not replicate the success.

Consult with an...
Read more »

1 Answer | Asked in Business Law for Pennsylvania on
Q: Can I sue my place of business if I contract covid?

A couple months ago, my place of business started a mask policy, but never enforced it. There were only a few people who wore a mask. Many higher-ups, who even started the policy, didn't wear the mask and considered the virus to be a joke. Today, somebody in the company has tested positive and... Read more »

Kent Petry
Kent Petry
answered on Oct 22, 2020

These are new questions facing the court, but depending upon your injuries or specific facts, one of two scenarios is likely. Either, (1) you can file a suit for something like negligence, personal injury, or wrongful death against the employer, or (2) you can file a workers' compensation... Read more »

1 Answer | Asked in Copyright, Business Law, Military Law and Trademark for Pennsylvania on
Q: Good afternoon, I am starting a company called MARINEFIT. Could I get sued for using MARINEFIT or is it okay?

I am a Marine and a certified personal trainer, I named my business Marine fit. My business makes money and I am currently turning it into a official LLC. I should have the LLC done in a few days. I read on Marines website they do not authorize the use of USMC or their logos/brands for other... Read more »

Timothy John Billick
Timothy John Billick
answered on Sep 26, 2020

Hi there,

First, thank you for your service! Second, good on you for asking these questions ahead of time! Third, congrats on starting your business!

To the merits ...

Your risk of upsetting the USMC to the point of eliciting a Cease and Desist letter here is relatively...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Collections for Pennsylvania on
Q: What type of lawyer would i need to pursue a suit against a finance company?

My car loan company wrote my loan off as a skip and placed it in collections then a year later (This april) reopened the account without my knowledge and consent and added thousands onto the balance as missed payments. When contacted about it they say they have no knowledge of this but my credit... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Sep 17, 2020

You should contact a Litigation Attorney who is experienced in consumer loans and practices in the county where any lawsuit would be brought. Your county bar association should be able to refer you to an appropriate attorney, if you don’t know of one.

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