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My company received two cease & desist letters claiming trademark infringement of their client's materials. Both claims were dropped after it was argued the material did not infringe, and no action was taken. Nevertheless, the law firm subsequently made a claim in a marketing flyer that it... View More
answered on Mar 1, 2017
Agreed, the claim would be for defamation, and as Michael points out damages are measured by injury to your business's reputation. Note there is a short, 1-year statute of limitations for defamation lawsuits in New York State. I doubt your status qualifies for "per se" liability... View More
My fiancé and I recently purchased a table from Ashley's Furniture under the impression we were "buying" it and making payments to pay it off. Well after 90 days we found out we were going to be charged $1500 for the initial $500 table. We told them that we were NEVER informed that... View More
answered on Mar 1, 2017
You can file a small claims action in Idaho for up to $5,000 without an attorney. Based on the facts you allege, your claims would be for breach of contract and misrepresentation/fraud. It would be important to allege that the 90-day price point increase was not set forth in the rental contract and... View More
Corporation, my husband is 49% stock owner.
answered on Feb 28, 2017
Unless the buy-back is memorialized in a contract, you cannot force one business owner to buy the stock of another. Where a sales contract has a deadline, missing the same could give grounds for "specific performance," a court order requiring the breaching party to live up to its... View More
I am selling some property in Alaska to a guy who will be growing medical marijuana. I own the property outright and will carry the note. I own some heavy equipment on the property he wants to buy and wants my help running the machinery, etc. Rather than selling the equipment or charging for my... View More
answered on Feb 28, 2017
The choice of what to offer in exchange for a piece of the company is a business decision for you. The choice depends on whether repayment of the loan/note is worth more to you than a less certain return from an increase in stock value. If they are selling stock at a per-share price that is less... View More
Wondering if I can use the logo or image from a business that has been defunct for a long time on t-shirts that I'm selling online.
answered on Feb 28, 2017
It is unlikely, especially if the store is defunct, that anyone current holds a trademark to the logo or company name on the sign. You would be best advised to conduct a trademark search (federal and state) or have one done for you by the many online services offering that function.
I am wanting to make sure Disney does not have copyrights to this word.
answered on Feb 28, 2017
Perform a trademark search (online at the U.S. PTO and some states) or hire a trademark search firm to do so on your behalf.
I'm a business owner and I tried to work a payment plan with the creditor who is out of Florida. They hired a Charlotte collection attorney who basically threatened me to sign the COJ and have all the money in a certain amount of days or else. This was a business loan made to my business.
answered on Feb 28, 2017
Absent coercion sufficient to prevent a reasonable person in your situation from exercising a deliberate, knowing election to sign the document, it would be enforceable. You would need to plead and prove a defense of coercion in opposition to a motion for entry of judgment in the court case.
I have a notarized general PoA for my brother activated by his physician at the Veterans Center. Assume now I must sign vs my brother? Any issues with this early inheritance? Home is in Oklahoma; downloaded Oklahoma Quick Claim Deed Form to complete and process in Cleveland County.
answered on Feb 28, 2017
It is very unlikely a "quitclaim deed" transfer for his children for $1 would be treated by the IRS, state tax authorities or the local property recording office as a bargained-for sale. Instead, the difference between FMV and the $1 price will likely be deemed taxable, ordinary income to... View More
There are no written agreements or exchange of money for the work. I was forced to leave and do not want them using my work anymore.
answered on Feb 28, 2017
You automatically own the copyright in all artwork you create whether or not a piece is registered with the U.S. Copyright Office. Absent consideration (payment) or an agreement transferring ownership or licensing rights to the band, you can terminate non-consented use by sending them a notice... View More
they have been repeatedly late on payments and now will not return calls how do I go about evicting and should I have anymore contact with them?
answered on Feb 28, 2017
There are deadlines and procedures in every state for initiating a landlord-tennant eviction action, including frequently requirements for prior written notice, etc. You should examine and follow the Indiana statutes or consult a real estate attorney in Indiana.
In the event of a liability lawsuit or bankruptcy
answered on Feb 26, 2017
No, that is the legal function of the LLC form, shielding personsal assets of the members absent fraud or commingling.
I received a 10 day notice to cure because I had a washing machine and I removed it immidatelty. However, I just received a 10 day notice of termination stating that I'm still violating the lease because I still have it. But I do not and no one ever came to check. It says I have to move out.... View More
answered on Feb 26, 2017
Send a written notice saying you removed the item on X date and cured any conceivable breach, therefore your lesse rights cannot be terminated.
I am a game developer and I have experienced other team members leaving and leaking character concepts and story, I think NDA is necessary.
Can you list unregistered team like "GameDevelopers Team" under Disclosing Party while signing in your actual name?
answered on Feb 26, 2017
If you have no corporation or partnership, the NDA should be signed by each person to whom the non-public confidential information is disclosed and vice-versa.
Hello, I am living in USA on H1B visa. My friend has S-Corporation and he is 100% share holder of that corporation. Now, I want to become a share holder of that S-Corporation and want to invest in that. Can I become a share holder of S-Corporation on H1-B visa?
answered on Feb 25, 2017
There is no citizenship limitation to being an S-corporation shareholder.
answered on Feb 25, 2017
If he signed a lease for your residence, that could be different from a business property lease, but the ordinary rule is that contractual obligations are personal and do not extend to a non-signatory spouse.
I was under contract with USPS and my contract was not up until 2018, however I got into an argument with the postmaster and was not allowed back into post office. They continued to pay me until 10/16 then sent me a bill for $200,000. HELP
answered on Feb 22, 2017
I suspect you will need to better identify the nature of the contract, as that will determine whether your matter is a "government contracts" issue, which is a very specialized area, or a more general litigation matter.
answered on Feb 17, 2017
Due process requires at a minimum notice and an opportunity to be heard before the government deprives a person of life, liberty or property, but otherwise can vary with the circumstances.
I need to know the right court to file for collusion(anti-trust) lawsuit in Kansas? against an insurance company...and will be 'self representing'
answered on Feb 17, 2017
Antitrust lawsuits can be based on either federal or state law. If the former, sue in federal court in Kansas (U.S. District Court for the District of Kansas). If under state law, you sue in the Kansas courts of general jurisdiction (the Kansas district courts). Pleading and proving and unlawful... View More
I own a LLC called "Just4u Services". "Just4u Services" has been hired as a subcontractor to do work for a company called "Campaign me quickly". Just4u Services has been subcontracting for them for 3 years now. Today I received a No Compete contract stating... View More
answered on Feb 15, 2017
Non-compete clauses are very, very restricted under California law. From your question, it appears the prohibition applies to your company, which is likely the "employee" under the contract. You really should have a lawyer examine the agreement to determine its scope and validity before you sign.
The original patent/trademark expired, but they've been re-applied for by someone new. Does this mean that the image on the packaging is trademarked or the actual name of this device? Thanks.
answered on Feb 15, 2017
TMs are available for both names/phrases and logos. You can look them up at the Patent & Trademark office to see their scope.
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