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Questions Answered by Kevin Christopher

2 Answers | Asked in Energy, Oil and Gas and Real Estate Law for Tennessee on

Q: Can you put a lean on mineral rights in Tennessee? If so, what are the implications, procedures, and requirements?

Kevin Christopher answered on Mar 1, 2017

There's no straightforward answer without more of the story. For instance, a recent Tennessee case involved a dispute as to whether sandstone qualified as a mineral. Also, in order to qualify you would likely need to have provided some sort of services in connection with the mineral in order to... Read more »

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1 Answer | Asked in Trademark and Employment Law for Tennessee on

Q: Trademark ownership... implied ownership???

If the owner of a company lets me work for them, as a part-time employee, can I then take ownership of their company?

Kevin Christopher answered on Feb 23, 2017

Part of this depends upon how they gave you permission. Was it a written permission to use?

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: How long do you have to move if you are evicted.

Help

Kevin Christopher answered on Feb 20, 2017

This depends upon local laws of your jurisdiction. In some cases, you may be able to hold over for some time. Contact your regional Legal Aid Society for more info. Legal Aid publishes a helpful booklet for East Tennessee tenants:... Read more »

1 Answer | Asked in Business Formation and Legal Malpractice for Tennessee on

Q: In Tn. do you have to be a lawyer to open a law firm

Can a non-lawyer start a law firm in TN

Kevin Christopher answered on Feb 20, 2017

You cannot practice law in Tennessee without admission to the bar or in limited circumstances being supervised by someone who is admitted. Is your question about entering into a business partnership with a lawyer?

1 Answer | Asked in Civil Litigation and Trademark for Tennessee on

Q: Can a non-profit organizations name and logo be owned by an individual and not the organization.

The organization has been around since 2012, one board member resigned and board denied him to return in November and he files a trademark on the name and logo in December. Is that even legal?

Kevin Christopher answered on Feb 20, 2017

There are common law (i.e. state law) protections available when a name or logo has been used in conjunction with a business activity before it is officially registered or an application made for registration. These rights would in most cases supersede a new application. Also, the individual could... Read more »

1 Answer | Asked in Trademark for Tennessee on

Q: If someone has trademarked a name for a good, can I use a similar name for a service?

Kevin Christopher answered on Feb 20, 2017

Possibly, so long as the good and service are not confusingly similar to the average Joe. You might also be able to vary the mark by stylizing the name of the good in the creation of your logo, providing more grounds for a successful application.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Tennessee on

Q: Copyright/trademark infringement by a third-party who isn't stopping.

I am a Seattle-based freelance designer that created a logo in 2014 for a client in TN. That client is AnchorYourSoul.com, and the logo was discovered to being used by someone else in 2015. We both told her to cease and desist using it in her social media channels and website. She complied, but... Read more »

Kevin Christopher answered on Feb 20, 2017

Will refers to the fact that under copyright law the infringed party may be able to collect statutory damages, which do not require a finding of actual harm / damages. You very well may be able to prove damages under a different theory of infringement, but a lawyer would be more likely to take your... Read more »

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