Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Ray Beckerman

1 Answer | Asked in Intellectual Property on

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

RE—publishing an independent user guide for a product

I would like to publish an original instruction manual for a product that has a poor one. Do I need permission? Can I use the name of the product in the guide’s title?

Ray Beckerman answered on Sep 5, 2014

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...
Read more »

1 Answer | Asked in Intellectual Property for Texas on

Q: How to register trademark in USA

How to register trademark in USA

Ray Beckerman answered on Sep 5, 2014

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

1 Answer | Asked in Business Formation for Illinois on

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

I would be managing partner and handle all trade decisions. Would this mean I would need to be an accreditted investment advisor?

Ray Beckerman answered on Sep 5, 2014

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

1 Answer | Asked in Intellectual Property for Hawaii on

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

Ray Beckerman answered on Sep 5, 2014

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

1 Answer | Asked in Intellectual Property for California on

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

I want to use famous and iconic faces such as leonardo di caprio in my application but I am not sure that this cause any legal obligation to use. I mean I don't know is there any copyright of using celebrity faces.

Ray Beckerman answered on Sep 5, 2014

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

1 Answer | Asked in Intellectual Property for Maryland on

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

We have a very aggressive competitor who wants us out of business. He has placed a display banner on top of our supermedia line listing that jumps out of the banner when a consumer is looking for our trademarked company. Isn't this piracy?

Ray Beckerman answered on Sep 5, 2014

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.

1 Answer | Asked in Copyright for Illinois on

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

Ray Beckerman answered on Sep 5, 2014

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.

1 Answer | Asked in Copyright for New York on

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

Ray Beckerman answered on Sep 5, 2014

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.

1 Answer | Asked in Collections for California on

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?

A woman owes me 100,000$ (i have a contract that she signed). I want to know how i can make her sell her house so that she can pay me. I also want to know how i can get a lawer.

Ray Beckerman answered on Sep 4, 2014

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... Read more »

1 Answer | Asked in Civil Litigation on

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

Ray Beckerman answered on Sep 4, 2014

Yes, a witness can be impeached on cross examination by bringing up prior inconsistent statements.

1 Answer | Asked in Business Law for New York on

Q: Knowledge during Merger

Are there any cases where a company knows prior to signing the agreement about hidden risks such as liabilities that were filed after closing the agreement?

Ray Beckerman answered on Sep 4, 2014

Yes there is a great body of caselaw on the duty to disclose hidden risks prior to a merger.

1 Answer | Asked in Business Law for New Jersey on

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,

that I will not own any equipment pre-dated. Is there a document I can print online to supercede the orignial from attorney with additional clause?

Ray Beckerman answered on Sep 4, 2014

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.

1 Answer | Asked in Stockbroker Fraud for New York on

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

Ray Beckerman answered on Sep 4, 2014

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.

1 Answer | Asked in Arbitration / Mediation Law for California on

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

Is it better to do the mediation after the discovery has been concluded?

Ray Beckerman answered on Sep 4, 2014

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.

1 Answer | Asked in Libel & Slander for Nevada on

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

Ray Beckerman answered on Sep 4, 2014

If you have an actual defamation claim against them, you can sue for damages.

1 Answer | Asked in Business Formation for California on

Q: Help on M&A

Are there any cases where a company knows prior to signing the agreement about hidden risks such as liabilities that were filed after closing the agreement?

Ray Beckerman answered on Sep 4, 2014

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.

1 Answer | Asked in Business Formation for North Carolina on

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

The website is a side project of us (not officially launched yet) and will mainly contain user generated content. Revenues may be based on ads but will not happen in the near future after launch. Such ways would need to allow us to benefit from DMCA Safe-Harbor, and stay personally protected... Read more »

Ray Beckerman answered on Sep 4, 2014

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... Read more »

1 Answer | Asked in Communications Law for Virginia on

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

Ray Beckerman answered on Sep 4, 2014

If you have a viable defamation case, you can bring a lawsuit for money damages.

1 Answer | Asked in Entertainment / Sports for Oklahoma on

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

Is there a legal action/responsibility for me? I.E. A person could upload a picture of a celebrity and the product would be printed and sent to the customer.

Our product is similar to a Photo Pin.

Ray Beckerman answered on Sep 4, 2014

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.

1 Answer | Asked in Internet Law for New York on

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

I have been searching for more than a year for a laywer nobody wants to help me getting a court order and i contacted google, they dont care.

What can I do??

Ray Beckerman answered on Sep 4, 2014

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.