Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Donovan A Rodriques
4 Answers | Asked in Business Law for New York on
Q: Can I include a closely partnered business into my non-compete agreement?

First and foremost - I have no law experience.

I've been tasked with drafting the non-compete agreement for our company. We are a manufacturing business that has a close marriage to another business that acts as our storefront for our product. Is it within enforceable legal bounds to... Read more »

Donovan A Rodriques
Donovan A Rodriques answered on Mar 30, 2017

You may, but you should pay close attention to the scope and term of any restrictive covenant. You will also want to address other issues, such as, use of your trademark, copyright and other property. You should consult with a qualified business lawyer for advice.

View More Answers

2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for New York on
Q: Displaying others' marks in ads

In a video advertisement for a home services company, which was shot in an actual customer's home, household products are seen in the background and in use, with labels visible. These are shown for less than 2 seconds. Should these labels be redacted and/or does the owner of the marks of those... Read more »

Donovan A Rodriques
Donovan A Rodriques answered on Mar 10, 2017

You should be fine if the products shot are portrayed in the manner they are commonly portrayed and the audience is not led to believe that the product brands are sponsoring or associated with the product/service being featured in your video ad. That does not mean you won't get sued or receive... Read more »

View More Answers

1 Answer | Asked in Entertainment / Sports and Intellectual Property for California on
Q: Can I still release a comedy film if another production released a project with the same name?

I wrote a comedy script years ago and registered it through the Writers Guild of America. It took some time to raise funds to shoot the pilot and by the time we did, another production put their concept with the same title online before we could. Did I lose out on using the title? I have a finished... Read more »

Donovan A Rodriques
Donovan A Rodriques answered on Mar 5, 2017

You can use the title, provided that there are no prohibitions under unfair competition and trademark law, and both you and the owner of the other title are not members of the Motion Picture Association of America.

1 Answer | Asked in Copyright for New York on
Q: I sell trivia and would it be legal to sell an audio round using clips of songs (incl. movie soundtracks)?

This audio round would be sold along with a trivia packet of questions and answers, forms, etc, not just on its own. Only a few seconds of each song would be used (with the idea that players guess the song, artist, film, etc.)

Donovan A Rodriques
Donovan A Rodriques answered on Feb 23, 2017

In general, the unauthorized copying and sale of copyrighted songs is illegal, even if small portions of the works are used. You may need to obtain a license from the music publisher(s), or a compulsory mechanical license(s) through a licensing provider, such as, the Harry Fox Agency. You should... Read more »

1 Answer | Asked in Mergers & Acquisitions for New York on
Q: When is the best time to secure an NDA when discussing the possible acquisition of my company by another?
Donovan A Rodriques
Donovan A Rodriques answered on Feb 17, 2017

Usually about the time you are set to begin any serious discussions and/or exchange of information, and definitely prior to conducting due diligence.

The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice....
Read more »

1 Answer | Asked in Copyright on
Q: A member of my band wrote some songs copywrote them before joining the band. we played them as a band recorded them

as a band both audio and video and put them in the public domain. the songwriter has now left the band and says we cant use them do we still have a right to use them as long as we give him the credit as song writer. we are not making any money off of them.

Donovan A Rodriques
Donovan A Rodriques answered on Feb 16, 2017

You can use the songs by obtaining a compulsory license. Once phonorecords of a musical work have been publicly distributed in the United States with the copyright owner’s consent, anyone else may, under certain circumstances and subject to limited conditions, obtain a “compulsory license” to... Read more »

1 Answer | Asked in Trademark for New Jersey on
Q: I have a registered trademark. Am I limited to using it only for the services listed on my trademark registration listin

My trademark is Gurlie Locks. I am branching out to other items and was hoping to be able to brand them as Gurlie Locks since I own the name. Thanks!

Donovan A Rodriques
Donovan A Rodriques answered on Feb 16, 2017

You may start using your trademark for the new services, provided that no one else is using the mark in your geographic area for similar services. You may then file a new application to add a new class of goods and services. You would also pay an additional application fee.

The materials...
Read more »

1 Answer | Asked in Copyright and Trademark on
Q: Is the name New York Tribune covered by any existing copyrights or trademarks?

I'm making a video game that uses newspapers to drive some story elements. I would like to call the paper the New York Tribune, which from what I can tell was a very popular paper in the 1800s but was sold/rebranded to New York Herald Tribune in 1924. Link to wikipedia below:... Read more »

Donovan A Rodriques
Donovan A Rodriques answered on Feb 13, 2017

You should contact an IP attorney for legal advice and conduct a comprehensive trademark search.

2 Answers | Asked in Trademark for New York on
Q: How do trademark rights accrue to people and organizations without any formal registration?
Donovan A Rodriques
Donovan A Rodriques answered on Feb 9, 2017

Trademark rights in the United States are obtained through actual use of a mark in commerce, i.e., being the first to use the mark on or in connection with specific goods and/or services in the marketplace. No formal registration is required to acquire trademark rights.

The materials...
Read more »

View More Answers

1 Answer | Asked in Trademark for Washington on
Q: Looking to trademark my stage name as a DJ / Producer.

There is an unregistered band with the same name as I want "Ugly Sweater Party"

Donovan A Rodriques
Donovan A Rodriques answered on Feb 8, 2017

You should contact a qualified entertainment or IP attorney for legal advice. For your name to be protectable as a trademark you will have to show that it is being used in commerce. Although a mark is not a registered trademark, the user can claim a common law right, by showing priority of use, in... Read more »

2 Answers | Asked in Trademark for New York on
Q: Can I file for a trademark?

The word "HypeFit" is taken as a standard charter mark, but I want to trademark the word but spelled as in "hypefit" instead. Is this possible?

Donovan A Rodriques
Donovan A Rodriques answered on Feb 6, 2017

Your application to register your mark may be rejected on the ground that it is confusingly similar to another registered trademark.

The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should...
Read more »

View More Answers

1 Answer | Asked in Copyright and Intellectual Property on
Q: can i rise a case against a US company in the US courts while im outside the USA and im not a US citizen ?

hi im scriptwriter from egypt and im chatting with american script agency and they asked me about a brief to my script ,what im asking for can i send them the brief without registration of copyright and is my chatting and email to them is enough evidence that the script is mine and can i rise a... Read more »

Donovan A Rodriques
Donovan A Rodriques answered on Jan 30, 2017

You should register the copyright in your script before submitting it to third parties. You may register your script at the following link: https://www.copyright.gov/registration/

You can bring a claim in the US courts against another party in the US. You will need to hire a US copyright...
Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: I would like to know if I can alter ( change, shorten ) the existing trademark name or should I file a new app?

for example the trademark is first and last name and I want to leave only last name for the trademark ( use in commerce)

Donovan A Rodriques
Donovan A Rodriques answered on Jan 28, 2017

You will file a new trademark application for the new name as used in commerce.

View More Answers

1 Answer | Asked in Mergers & Acquisitions for New York on
Q: where can I find form 904- merger the foreign corporation into domestic corporation, new york?

I am trying to merge my NJ based corporation with my NY based

Donovan A Rodriques
Donovan A Rodriques answered on Jan 27, 2017

What you are probably looking for is a Certificate of merger (or consolidation). You should contact a business attorney for assistance.

The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should...
Read more »

1 Answer | Asked in Mergers & Acquisitions for New York on
Q: Are there any good reasons to choose a merger over an acquisition if it's my company that may be bought out?
Donovan A Rodriques
Donovan A Rodriques answered on Jan 27, 2017

There are tax considerations involved. These vary depending on the whether the transaction is a merger or acquisition, asset sale or stock sale, and the types of entities involved. You should speak with a qualified M&A attorney and an accountant or tax attorney for tax advice.

The...
Read more »

1 Answer | Asked in Internet Law for New York on
Q: Is it true that you may not have to pay an internet defamation judgment from another country?
Donovan A Rodriques
Donovan A Rodriques answered on Jan 26, 2017

Refusing to pay a judgment debt from another country is not an act you should take lightly, and that decision should be made in consultation with an attorney. If you do not have any assets, employees, or other interests in and do not plan to travel to the country from which the defamation judgment... Read more »

1 Answer | Asked in Copyright, International Law and Internet Law on
Q: Does my app need any legal documents like terms and services or a privacy policy or an EULA.

Hi, i am about to launch an app which will use users location, and some personal information gathered from the user's facebook account. My questions is do i need any legal documents to protect myself from privacy violations, and also if something happens to the user while using the app.

Donovan A Rodriques
Donovan A Rodriques answered on Jan 26, 2017

You should clearly disclose what information you are collecting, how it will be used, dispute resolution and any disclaimers in a privacy policy and terms of use statement.

The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or...
Read more »

1 Answer | Asked in Consumer Law, Copyright and Intellectual Property on
Q: If I take an audio clip from a film and speed it up so as to change the pitch, can I use it in an original composition?
Donovan A Rodriques
Donovan A Rodriques answered on Jan 25, 2017

You can use it in an original composition, so long as you have permission from the copyright owner of the film or the soundtrack.

The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not...
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: My Item Was Removed For Copyright Violation ... Rightfully?

Hello, here you can see original item and my item: http://goo.gl/9t0jKP

I was selling my item on Amazon and in the message I received from Amazon they notified me about copyright infringement and removal of my item.

They said if I believe I didn't infringe on any copyrights I... Read more »

Donovan A Rodriques
Donovan A Rodriques answered on Jan 24, 2017

You should get in touch with an IP attorney for legal assistance.

The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it...
Read more »

Q: One of the parties joining our LLC appears to have secured an FSA loan with LLC crops and acreage. Is this legal?

One of the three partners was responsible for securing operating funds and was the former tenant of the acreage involved. He applied for and was approved for an FSA microloan prior the formation of the LLC. He invested part of the FSA sourced funds back into the LLC farm but at a reduced stake in... Read more »

Donovan A Rodriques
Donovan A Rodriques answered on Jan 23, 2017

You should speak with a qualified business lawyer regarding the facts of your particular matter. The LLC can become liable for repayment of the loan if it adopted the loan agreement entered into by by the three partners. If an asset that was used to secure the loan subsequently was assigned to the... Read more »

View More Answers

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.