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Questions Answered by Linda Liang
3 Answers | Asked in Trademark for Florida on
Q: Hello I have a question about HOLLYWOOD WALK OF FAME - Trademark Details.

So I'm interested if i could for example create my own trademark with the name like Miami Walk Of Fame with my own unique design ? And would i get any trademark infringement from the following trademark? So basically I am asking may i use the "walk of fame" phrase part in my name for the company?

Linda Liang
Linda Liang answered on Oct 8, 2020

It depends on your trade (service) mark will be confusingly similar, a likelihood that consumers are likely to assume (mistakenly) that they come from a common source.

A thorough research needs to be done before you file the application. It'd be wise to retain an attorney to do that.

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3 Answers | Asked in Contracts and Small Claims for Florida on
Q: While incarcerated a friend paid a retainer w/my check to the wrong lawyer who did nothing can I get that money back?

I was recently incarcerated due to a warrant for violating probation (reckless driving case) Unbeknownst to me, my friend retained the wrong attorney & paid him $2,500 with one of my checks. The only thing he did was file a Notice of discovery and lied about having a court date the night before... Read more »

Linda Liang
Linda Liang answered on Oct 2, 2020

I think you have right to get your money back because there is no engagement agreement and he did not do any work.

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1 Answer | Asked in Immigration Law for Florida on
Q: H1B Question

My F1 status expires 09/15/20. I filed a change of status I-539 on 08/19/20 after I was in a car accident, it's pending. I have a job offer that will submit H-1B (cap-exempt) but they won't be able to get it in before 09/15/20. Can they still submit it even after this date?

Linda Liang
Linda Liang answered on Aug 28, 2020

I-539 makes things a little complicated. If you filed extension on August 19, 2020, your unauthorized stay will not be accumulated. Yet it does not mean you are in status. Nevertheless, your best bet is to file H1B as soon as possible and attach a the receipt of I-539.

1 Answer | Asked in Immigration Law for Florida on
Q: I-539 Change of Status Application

I am completing a change of status application for a change of status from F1 to B2. My OPT expired 07/17, I am in grace period until 09/15. My I-94 says D/S. To answer the question “What date are you requesting your requested status be extended until?” Is it okay to start counting the 180 days... Read more »

Linda Liang
Linda Liang answered on Aug 13, 2020

The question is "what date are you requesting the status to be extended until"? But you are changing status, not extending... Thus this question does not apply to your case. You need to focus on applying for B2 visa.

1 Answer | Asked in Immigration Law, Tax Law and Workers' Compensation for Florida on
Q: Is it legal to do part-time freelancing for a company in India while working full-time on H1B in USA?

Hello,

Currently, I am working full-time on H1B visa at company A located in USA. I also have an offer to work part-time in India at company B as a freelancer.

Can I do both these jobs legally? Also will I have to pay taxes in India or USA for whatever I earn from company B which is... Read more »

Linda Liang
Linda Liang answered on Aug 12, 2020

As long as you keep your job in US which is the base for your H1B, you are free to do anything.

2 Answers | Asked in Immigration Law and Child Custody for Florida on
Q: Minor is U.S citizen parents moved to Mexico with minor at age 1.Now minor would like to come back to U.S. what isneed?

Does minor need a guardian or power of attorney? From Mexico or US ? What is the process ?

Linda Liang
Linda Liang answered on Aug 10, 2020

It sounds like minor can claim US Citizenship. You may retain an attorney to prepare the right documents to prove your eligibility.

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3 Answers | Asked in Trademark for Florida on
Q: Is there a difference in these two trade marks..... 1. HOOPSLife. and 2. HOOPLife. ?
Linda Liang
Linda Liang answered on Aug 5, 2020

Are you asking whether they are confusingly similar? Yes, they are.

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1 Answer | Asked in Contracts for Florida on
Q: How can I go by buying a defunct logo ?

I am trying to restart a brand what are the steps to take if the brand

Linda Liang
Linda Liang answered on Jul 31, 2020

First, you need to make sure it is not registered trademark, and you need to do a research to see if anyone is still using then. If you answers are both negative, you should file trademark registration. As far as logo is concerned, a search needs to be done to be sure it is not part of the... Read more »

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Can I register for a 'Fictitious Name' & pay for the Advertisement of the use of the name in newspaper on the same day?

Can I still run the Advertising after registering for a fictitious name? I will run the Ad within the same week.

Linda Liang
Linda Liang answered on Jul 27, 2020

The registration can be effective 5 days before. Yes, you can.

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3 Answers | Asked in Contracts for Florida on
Q: Can a cosigner take your vehicle and sell it even though they are not making the payments the buyer is?

My son bought a Jeep and his girlfriend took it and is trying to sell it. She is just the cosigner.

Linda Liang
Linda Liang answered on Jul 24, 2020

You mean co-signer of the loan? If the title is not under his name, he cannot.

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3 Answers | Asked in Contracts for Florida on
Q: Good afternoon I am a marble subcontractor recently I start a job of marble and six bathrooms I work on that job for 3

After three days of working on the job site and purchasing setting materials for the job site I was told to leave the job with no reason The job supervisor works directly for the homeowner That day we had an argument about the pool deck steps not being pitched right and he got mad at me for... Read more »

Linda Liang
Linda Liang answered on Jul 22, 2020

I guess your question is whether you have recourse for that. Legally speaking you have right to reasonable compensation for your work and expenses spent on material and related activities. You can talk to the home-owner because home-owner is the ultimate employer and can override the decision if he... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: The USCIS informed me on the phone that an application I petitioned was administratively closed. What does that mean?

I filed for annulment/divorce 2.5 years ago and I also withdrew my sponsorship. I am still going through the annulment/divorce so I called the USCIS to see if I am still being considered as a sponsor since I never received any confirmation of my withdrawal. I was informed that the application was... Read more »

Linda Liang
Linda Liang answered on Jul 9, 2020

It means, as the result of your withdrawal, they close the case. Confirmation is not prerequisite to closing of the case.

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1 Answer | Asked in Business Law for Florida on
Q: Huawei FCC ban, what does it mean for companies selling Huawei products. Can we still sell Huawei products in USA ?
Linda Liang
Linda Liang answered on Jul 1, 2020

By designating Huawei and ZTE as threats to US national security, the FCC bars telecommunications providers from using government subsidy money through the $8.3 billion Universal Service Fund to purchase equipment from the companies for their networks.

That is to say, if your clients have...
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1 Answer | Asked in Banking, Business Law, Civil Litigation and Family Law for Florida on
Q: My hubby everything under LLC and partnership . We are marriage 9 years no marital contract.i stay home with our son 8YR

My hubby everything under LLC and partnership . I never had joint account . We are 9 years marriage. He just sold Marina Profit 500k, By the end of July about to sell His RV campground 9.7M ( will profit 4-5M for sure ) “LLC SHADY GATOR”. recently Got my citizenships. I m stay home mommy (8... Read more »

Linda Liang
Linda Liang answered on Jun 29, 2020

This is complicated. Are you contemplating divorce?

3 Answers | Asked in Real Estate Law and Business Law for Florida on
Q: Can a realtor ask for their commission if we backed out of a sale and purchase?

My husband and I signed contracts to purchase a home and sell our house. We cancelled both 6 days later due to uncertainty over the immediate future of the economy. We offered to pay for the cost of marketing and the home inspection paid by the buyers of our home. But our realtor wants us to pay... Read more »

Linda Liang
Linda Liang answered on May 27, 2020

It depends on your contract provisions. Usually no, your obligation to pay starts from the sale.

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2 Answers | Asked in Immigration Law for Florida on
Q: What is the minimum investment for an L1A visa?

I own a company offshore and am interested in moving to the U.S. I match all requirements but am stuck in the "substantial investment area".

I acknowledge that it may vary based on your sector of investment, but some law firms claim that a simple investment for an office may be... Read more »

Linda Liang
Linda Liang answered on May 25, 2020

L1A's investment requirement is not substantial. E1/E2. L1A requires the new company to be able to support a managerial position in a year or two. In other word, the new company must not be thinned capitalized and have ability to pay for a team before it breaks even.

I would not take...
Read more »

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3 Answers | Asked in Contracts for Florida on
Q: Hi. My husband is retiring this year as a chiropractic physician. He is 73

For several years we have been unable to ge out of a website that automatically renews without any notification. We have finally stopped the auto payment from the bank, but now the website is threatening to sue. Do we have recourse.

Linda Liang
Linda Liang answered on Apr 24, 2020

What is the website? How is that connected with the bank? How much does the website charge you? How come you never complain to them? All in all, your recourse depends on the answers to the questions. It can be as easy as issuing a dispute through your bank or simply call them to settle. You should... Read more »

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3 Answers | Asked in Consumer Law, Contracts and Criminal Law for Florida on
Q: Can I bring criminal charges against a company for theft for not returning my deposit?

The company is located in Florida; I am located in Texas. I sent in a deposit and 2 days later, I called to cancel. The company confirmed they would return my money but to date, I haven't seen a penny after 30 business days. Can criminal charges be brought on the individual/owner for theft.

Linda Liang
Linda Liang answered on Apr 24, 2020

It sounds like this is a simple contract issue. Do you have record as to the effective cancellation? You only waited for 2 days. Even if your deposit is huge and it would hard to establish criminal intent in light of the facts you provided here. My colleagues are right. You should exhaust your... Read more »

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2 Answers | Asked in Business Formation for Florida on
Q: If I am making masks for small donations, do I need to have a business or 501c license?

I am making masks for first responders and other essential personnel. We are taking small donations just to purchase more materials to continue making them. We have made hundreds of masks with around 400 dollars in donations. More orders are beginning to come in as the media picked up our story.... Read more »

Linda Liang
Linda Liang answered on Apr 21, 2020

It is not illegal to accept donation but if you want to receive tax exemption, you will need file 501C tax exemption application. On the other hand, Any charitable organization that intends to solicit contributions in Florida by any means must register with the Florida Department of Agriculture and... Read more »

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2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for Florida on
Q: Is there a law aginst employers takeing all of there employees tips be cause someone stole from them?

My names Kristina I work at a tropical smoothie in fort Pierce FL some one thought it was smart to steal 200$ from the cash register at my job an since my boss dosnt know who he started takeing every ones tips to pay off the two hundred dollars even though half of the employees had nuthing to do... Read more »

Linda Liang
Linda Liang answered on Feb 29, 2020

Yes

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