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Questions Answered by Linda Liang
2 Answers | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Plantiff asking for unreasonable money in the name of trademark infringement & consequences if seller is outside USA

These days people are making money not by selling products but by filling case against small level dropshipping store in the name of trademark infringement. Platform like Ebay and amazon neither send any warning nor a solution to the seller once the case is filled. On the other hand plantiff ask... View More

Linda Liang
Linda Liang
answered on Oct 30, 2021

If the trademark is not yours and you do not know of the alleged infringement of trademark, you should not be liable. You should at least hire an attorney to stop them from suing you. Even defending should not be expensive. They can ask what they want. What they can get it is another story. I would... View More

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2 Answers | Asked in Trademark for Maryland on
Q: Can someone, a business trademark my last name as a business name? Just saw my name online as a business name. Yoassi

Here is the article or document that offers details about the trademark. My last name is not common in the US nor around the world, I wonder how they got it and trademarked it.

Linda Liang
Linda Liang
answered on Oct 28, 2021

Are you talking about given name or surname. Under US trademark law, a mark which is “primarily merely a surname” cannot be protected as a trademark without proof that it has “acquired distinctiveness.” A mark is considered to be “primarily merely a surname” if its primary impact or... View More

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1 Answer | Asked in Contracts for Florida on
Q: If I buy a car from a private licensed dealer and never signed the title. Can I return it if the car is not good?

I purchased a car 3 days ago from a licensed dealer. A week before, I had test drove the car and it was driving perfectly. I had to sell my car in order to have all the cash to pay him which I did last Saturday. As soon as I had the cash, he drove to my location with my new car and I paid him and... View More

Linda Liang
Linda Liang
answered on Oct 27, 2021

A contract is enforceable even when it is verbal. Not signing the title does not mean there was not a contract. Your conduct of paying him and getting a car are sufficient proof. You may have other right to get your money back depending on the circumstances and the promises made. There is no way to... View More

1 Answer | Asked in Trademark on
Q: Would smeg be able to sue me for trademark infringement if I used the name smug on toy kitchens?
Linda Liang
Linda Liang
answered on Oct 25, 2021

You mean whether they could win if they sue you for using trademark "smug" on toy kitchens? It depends on where consumers buy the toy kitchens? Everything comes down to the likelihood that an ordinary consumer would purchase your product based on mistaken belief that they were buying Smeg... View More

3 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Can I request that a contract to purchase land in Florida be extended 30 days beyond closing date?

The attorney is getting close to obtaining clear title, however due to Covid-19 it is delayed but hopefully will be resolved soon. I asked that the contract be extended but the seller does not want to do this. Can I request to extend 30 days under the Force Majeure?

Linda Liang
Linda Liang
answered on Oct 25, 2021

I agree with my colleague that this is a question best answered by your attorney who knows about your circumstances. Force Majeure means "unforeseeable circumstances" that prevent someone from fulfilling a contract. At this point, I suspect Covid-19 can be quoted as unforseeable for this... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: Question regarding the New Nov 8 travel rules and how it would affect unvaccinated H1b and H4 visa holders

Hi,

I have an H1b visa and my wife has an H4 visa. We are currently in Canada and unvaccinated for COVID. So, based on the new travel policy of Nov 8 of the US government, will we be allowed to enter the US by land border post-Nov 8 irrespective of our vaccination status?

The US... View More

Linda Liang
Linda Liang
answered on Oct 25, 2021

First of all, what type of visa you and your wife have has no bearing on whether you are essential workers or not. Secondly, you have a counsel on record. It is his or her job to read the policy for you and advise based on your circumstance.

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2 Answers | Asked in Trademark on
Q: I’m not too familiar with trademark laws and want to know if I can use “JUICE WRLD” on an NFT that will be sold.

I am currently working on an NFT (non-fungible token) project and want to know if I can use music artist’s name and/or photos in the designs. These will be sold for profit.

Linda Liang
Linda Liang
answered on Oct 25, 2021

Music artist's name and/or photos right is not trademark right. It is apparent that you need an attorney's guidance on this.

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1 Answer | Asked in Real Estate Law, Business Law, Civil Rights and Sexual Harassment for Florida on
Q: The Apartment complex we live in seems super sketchy please help!

We Live in volusia county florida, my fiancée and I are disabled, my fiancée is pregnant, lots of code violations unresolved, apartment complex has come under new management, both old and new show extreme bias against the LGBTQ+ (I am transgender, my fiancée is genderfluid manager and... View More

Linda Liang
Linda Liang
answered on Oct 23, 2021

Is your question what you can do to renew the lease with them? The only ground on whihc you could get them to renew is to prove that, other than you are transgender, they have no reason not to renew the lease. With that being said, you have had no conduct in violation of codes or you have been... View More

2 Answers | Asked in Trademark for Kentucky on
Q: Hello, if the I have a company Care On Time would that infringe on a trademark for a company called Care on your time

The the LLC. That I would like to form by the with the name of Care On Time Heathcare Staffing is in the state of Kentucky,and the company with the name of Care on Your Time is located in Florida and the name is Trademarked..I would like to know if the name of my company would infringe on their... View More

Linda Liang
Linda Liang
answered on Oct 22, 2021

Trademark is a federal matter. There is no state boundary of use. If your profession is close to the other company's profession and you use the name to market your service, yet, you would be infringing upon the Florida company's trademark. To know how you can avoid, you should for sure... View More

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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: As a song author, how can I protect a song without having to initially copyright it?

Fees to copyright songs have risen greatly. While one can copyright a batch of songs (10) to save on fees I am looking for an alternative. As a song author, how can I protect a song without having to initially copyright it?

If the interest was to be had in a particular work I'd... View More

Linda Liang
Linda Liang
answered on Oct 22, 2021

Registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Is seller in breach of contract purchasing a duplex? We did not have closing on time.

Signed contract to build a duplex with a builder closing was supposed to be on October 7. Builder states that he cannot extend contract because did not know the investor was on the deed and cannot sign an extension on the contract for the original price. It is now October 21 and nothing has... View More

Linda Liang
Linda Liang
answered on Oct 21, 2021

The question is confusing. You were saying there was no closing on time. then you said the builder was supposed to close on Oct. 7. Then you said the builder did not want to extend contract. Why is it a need to extend the contract? to postpone closing on a time that has never been set? You also... View More

3 Answers | Asked in Contracts for Florida on
Q: I was employed by a small business owner, the CEO & friend. During my employment he made a verbal agreement to pay me

$13,000 based on the presidential election results (a bet). He began paying me 2/4/21. He made 7 payments & changed the terms of payments verbally 3 times. On 9/15/21, without warning or cause ‘eliminated my position’ within the company (which has 7 employees including him). During the... View More

Linda Liang
Linda Liang
answered on Oct 20, 2021

You have two contract issues here. One is your verbal employment contract and another is a verbal contract based on a bet. With regard to your verbal employment contract, Florida is an at will employment state which means employer can terminate the employment with or without a cause, vise versa.... View More

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2 Answers | Asked in Trademark for California on
Q: Can I file a trademark for a brand with an apostrophe? For example O’NEILL brand has a apostrophe after the O.

An apostrophe is used but not necessarily to indicate a plural.

Linda Liang
Linda Liang
answered on Oct 20, 2021

It depends on what industry you are in and whether it is closely related to O'Neill's products sold under this trademark.

If an average consumer could possibly misunderstand your product as from O'Neill's, using the trademark could constitute infringement of trademark right.

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5 Answers | Asked in Immigration Law for Florida on
Q: I need a lawyer to assist me with the inmigration services for my husband getting his green card. He is ilegal.
Linda Liang
Linda Liang
answered on Oct 20, 2021

You can start by talking to immigration attorneys and see who you are comfortable with. You should be ready to disclose enough facts so that the attorneys can accurately assess his situation and advise accordingly.

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2 Answers | Asked in Trademark for Georgia on
Q: Can I use a trademarked word in my brand name? Is the word Redrum trademarked?
Linda Liang
Linda Liang
answered on Oct 19, 2021

It depends on what your profession is. If the use of the trademark of the other could leave average person to be confused about the source of the goods, it could be. Whether it is registered can be found out with the help of an attorney.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How can I change child Custody agreement if there was no Substantial change since it was approved?

Agreement states I see my kids every other weekend, i requested my ex for more time, she refused. My kids requested to spend more time with me, their mom refused. They dont want to go back to their mom after their visit, they feel overly stressed and distraught. A Lawyer i spoke to said there is... View More

Linda Liang
Linda Liang
answered on Oct 18, 2021

Mental abuse can be qualified as substantial change. The key is that you need to have evidence. Once you do, find an attorney.

2 Answers | Asked in Copyright and Trademark on
Q: Am I infringing copyright/trademark if I use a phrase similar (but different) to a trademark in a parody?

I created a design for a t-shirt featuring a dog face with an expression that would read as "seriously?" in front of a milk bowl. Above the drawing, there's a text reading: "got beer?"

There was a copyright infringement complaint in relation to the "got... View More

Linda Liang
Linda Liang
answered on Oct 18, 2021

Copyright infringement and trademark right infringement are two different things. If that's your trademark, and your trademark is confusingly similar to that of some other's, meaning if an average consumer would mistake source of their product as from you, there is infringement. An... View More

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2 Answers | Asked in Business Law for Florida on
Q: Can an employer open an LLC in different state under my name? Now they ask me to open a business account under my name.

Without my knowledge. They already opened an LLC and sent me the paperwork to open the business bank account. Is it legal? I don’t understand how can someone open an LLC under my name without me being involved?

Linda Liang
Linda Liang
answered on Oct 15, 2021

Are you saying they open the LLC appointing you as an officer? Only a listed officer can open an account. If this is the case, you have right to decline. You don't need to be forced to do anything you do not want to.

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2 Answers | Asked in Business Formation for Florida on
Q: Can I have a copyrighted word in my business name? (LLC)

The word is Expedair. Looks like it is an Air Cananda copyrighted word for one of their services.

Linda Liang
Linda Liang
answered on Oct 14, 2021

This is not issue of copyright. It seems more like a trademark matter. If it is registered trademark of Air Canada, using it in industries they registered for constitutes infringement. You definitely need some help to get to the bottom of it. You should contact a trademark lawyer to conduct a... View More

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3 Answers | Asked in Civil Litigation and Family Law for Florida on
Q: Do I have to sign over 50% of my business to my soon to be ex husband?

He is trying to force me to sign over half of the business or he will keep our son from me until we go to court.

Linda Liang
Linda Liang
answered on Oct 12, 2021

You do not have to sign anything. You should hire an attorney to start the divorce process. Your soon to be ex-husband has no right to keep your son from you. You can seek the court for an order to stop him from doing so.

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