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Questions Answered by Glenn B. Manishin
2 Answers | Asked in Business Law and Libel & Slander for New York on
Q: Can a law firm mention my company name in its marketing, claiming it defeated my firm even if untrue?

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

Glenn B. Manishin
Glenn B. Manishin
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

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1 Answer | Asked in Consumer Law for Idaho on
Q: Can we sue "AcceptanceNow" in small claims?

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

Glenn B. Manishin
Glenn B. Manishin
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

4 Answers | Asked in Business Law for California on
Q: My husband's partner is supposed to be buying him out of the business. What recourse do we have if he takes too long?

Corporation, my husband is 49% stock owner.

Glenn B. Manishin
Glenn B. Manishin
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

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1 Answer | Asked in Business Formation for Arizona on
Q: 1% or more owner in business?

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

Glenn B. Manishin
Glenn B. Manishin
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

1 Answer | Asked in Copyright and Trademark for Indiana on
Q: Is it legal to use an image (such as a sign from a store from the 1900s) on a t-shirt that I intend to sell?

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.

Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Business Law and Business Formation on
Q: my husband and I are opening a business how do I find out of the word "tink"is allowed to be used in the business name?

I am wanting to make sure Disney does not have copyrights to this word.

Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Contracts on
Q: Can a confession of judgement be reversed if the creditor threatened me to sign it?

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.

Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Contracts and Real Estate Law for Kansas on
Q: Brother has dementia in Veterans Center & wants to quick claim his home/10 acres to his 2 children for $1--sign as PoA?

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.

Glenn B. Manishin
Glenn B. Manishin
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

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Can I retract consent for use of art used in my old band?

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.

Glenn B. Manishin
Glenn B. Manishin
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

2 Answers | Asked in Contracts, Foreclosure and Landlord - Tenant for Indiana on
Q: I am renting to own a property in Garrett IN and the tenet has repeatedly been late on making payments & is a month late

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?

Glenn B. Manishin
Glenn B. Manishin
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.

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1 Answer | Asked in Business Law and Business Formation for Wisconsin on
Q: when an LLC is formed and a member invest personal money, is that members personal assets at risk?

In the event of a liability lawsuit or bankruptcy

Glenn B. Manishin
Glenn B. Manishin
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.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: What do you do if you receive a 10 day notice of termination but you already corrected the violation?

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

Glenn B. Manishin
Glenn B. Manishin
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.

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1 Answer | Asked in Intellectual Property on
Q: When you are writing NDA, can you list unregistered team like "GameDevelopers Team" under Disclosing Party?

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?

Glenn B. Manishin
Glenn B. Manishin
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.

2 Answers | Asked in Business Formation, Business Law and Immigration Law for California on
Q: S-Corporation share holder on H1-B.

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?

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 25, 2017

There is no citizenship limitation to being an S-corporation shareholder.

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1 Answer | Asked in Contracts and Landlord - Tenant for Nevada on
Q: Husband signs a lease agreement, wife did not sign. Husband dies, is the wife bound to the contract?
Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Contracts and Employment Law for Arkansas on
Q: I am looking for the best lawyer to take on the USPS

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

Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Health Care Law for Michigan on
Q: Is the due process clause absolute?
Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Insurance Bad Faith and Antitrust for Kansas on
Q: Which is the right court to file for collusion(anti-trust) lawsuit? against an insurance company...and 'self representin

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'

Glenn B. Manishin
Glenn B. Manishin
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

1 Answer | Asked in Contracts, Business Law and Employment Law for Florida on
Q: Non-Compete contract says I cant work for a competitor for 2 years? What happens to me if I do it anyway?

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

Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: 7pipe and Twisty Glass Blunt - are these trademarks only for the imagery, OR is it for the whole name?

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.

Glenn B. Manishin
Glenn B. Manishin
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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