Questions Answered by Kevin Christopher

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

2 Answers | Asked in Energy, Oil and Gas and Real Estate Law for Tennessee on
Answered on Mar 1, 2017
Kevin Christopher's answer
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 attach to proceeds from its exploitation.

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

1 Answer | Asked in Trademark and Employment Law for Tennessee on
Answered on Feb 23, 2017
Kevin Christopher's answer
Part of this depends upon how they gave you permission. Was it a written permission to use?

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

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Feb 20, 2017
Kevin Christopher's answer
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: http://www.laet.org/getattachment/89531e25-93b9-4f2c-b3b8-f79b83886bcf/Renter-s_Rights_Combined.aspx.

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

1 Answer | Asked in Business Formation and Legal Malpractice for Tennessee on
Answered on Feb 20, 2017
Kevin Christopher's answer
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?

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

1 Answer | Asked in Civil Litigation and Trademark for Tennessee on
Answered on Feb 20, 2017
Kevin Christopher's answer
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 have difficulty establishing support for the trademark if not actually engaging in whatever services or sales of goods that trademark application indicates.

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

1 Answer | Asked in Trademark for Tennessee on
Answered on Feb 20, 2017
Kevin Christopher's answer
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.

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

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Answered on Feb 20, 2017
Kevin Christopher's answer
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 case on a contingency basis via the copyright claim.

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