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Questions Answered by Will Blackton
1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can a home owner in an HOA collect email addresses of other home owners using a glitch in the HOA online portal?

I am receiving emails once a week from a particular homeowner who misused a glitch in our HOA's online portal to download all home owner information and is now using those email addresses to run a campaign against our current HOA. He is quoting Article 55A and claiming these email addresses are... Read more »

Will Blackton
Will Blackton answered on Oct 30, 2019

It depends, but probably doesn't matter. There is unlikely to be a legal cause of action against someone emailing everyone in a neighborhood.

Federal law prohibits accessing a computer without authorization, or in excess of authorization, but that law is probably inapplicable here....
Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: I signed a DocuSign where someone said they would pay 825 a month now they say they were drunk. Is my DocuSign legal

I signed the DocuSign and everything even he did now he's saying he doesn't remember

Will Blackton
Will Blackton answered on Oct 30, 2019

Electronic signatures are the same as original inked signatures under North Carolina law. So, without considering intoxication here, the contract would be valid if the only question is electronic signature compared to ink siganature.

Now, whether the contract is invalid or voidable because...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I rent a lot in a mobile home park but I own the home can a landlord force an inspection of the interior of the home?
Will Blackton
Will Blackton answered on Oct 30, 2019

This is going to depend on the terms of the lease agreement you have with your landlord. Review your written lease and see what it says about interior inspections of the home or landlord's access. The landlord's motivation for inspecting the interior of the home may also matter: less likely to be... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: Good Afternoon. Have a question? How much in a price range to get a petition the court to get removed off the registry
Will Blackton
Will Blackton answered on Oct 30, 2019

There is generally a $175 court fee to file for an expunction. The fee for an attorney's assistance is going to range depending on whether you're entitled to statutory relief (will automatically happen depending on your age at the time a crime was committed and the age and nature of the offense)... Read more »

1 Answer | Asked in Business Law on
Q: Can a company buy shares from a new startup
Will Blackton
Will Blackton answered on Jul 23, 2019

Yes, a company can own shares in certain situations (notably, if you're filing taxes as an S-corp, only a limited number of humans can own shares). There are strict state and federal securities laws relating to selling shares in companies. Contact an attorney in your state who focuses on business... Read more »

1 Answer | Asked in Business Law on
Q: Can a company buy shares from a new startup and be a board member

I am starting a new company and the co founders I talked to said they want their company to be the shareholder than individually. So can I sell shares to a company

Will Blackton
Will Blackton answered on Jul 23, 2019

Yes, a company can own shares in certain situations (notably, if you're filing taxes as an S-corp, only a limited number of humans can own shares). There are strict state and federal securities laws relating to selling shares in companies. That is to say, if you take a substantial amount of money... Read more »

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts on
Q: I have an financing agreement between me and a friend, how do i enforce the document? Thank you
Will Blackton
Will Blackton answered on Jul 23, 2019

By contacting the attorney who drafted that financing agreement or an attorney in your state who specializes in business disputes.

1 Answer | Asked in Intellectual Property and Trademark on
Q: Can I get stuck in trademark infringement issues from a different industry?

I have a comic book series that I'm currently writing. I have a title in mind and did a search on existing trademarks. I found one conflict exists for a brand of beer with the same name under classification 32. Considering they're in completely different industries, what are the issues, if any,... Read more »

Will Blackton
Will Blackton answered on Jul 23, 2019

If you use another company's name, brand, logo, mascot, etc. in a way that could cause consumer confusion (lead customers to think your product is affiliated with the company or officially licensed by the company with the same name) then you can be sued for trademark infringement. So, the key... Read more »

1 Answer | Asked in Contracts, Copyright, Intellectual Property and Employment Law on
Q: Company is reselling my software I created can I do anything about it?

Quick background, I was working in a different role within this company, they then braught me on todo some development for them as a trial, i have now been working for the company for months in the same role but they havent updated my contract - so in my terms im not technically employed to do... Read more »

Will Blackton
Will Blackton answered on Sep 28, 2018

You need to speak with an attorney licensed in your state who deals with intellectual property issues for more insight into your specific situation, but I can describe the legal principles in play here generally:

Absent a written agreement addressing work for hire, you cannot stop your...
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1 Answer | Asked in Business Formation, Trademark and Intellectual Property for North Carolina on
Q: Can I register my new business name as an LLC if it's different from an incorporated company's name by only one letter?

I'm rebranding my graphic design business in Raleigh, NC and I've found the perfect name. However, the name is similar to another company's name; the only difference is my new name has an additional letter in it to distinguish it from this other company. My company would be registered as an LLC;... Read more »

Will Blackton
Will Blackton answered on Sep 28, 2018

Your question can be answered a few ways:

Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long as...
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1 Answer | Asked in Estate Planning for North Carolina on
Q: Should a POA be recorded in the NC county in which it was notarized or the county where I am presently residing in NC?

The POA was notarized in Mitchell Co NC in 2006. It was not recorded. I now live in Henderson Co NC.

Will Blackton
Will Blackton answered on Sep 26, 2018

This may depend on how the PoA will be used. If, for example, the PoA is granted to allow one spouse to purchase a residential home in Wake County in the names of both spouses, it would make sense to record the PoA in Wake County.

Who is supposed to honor this PoA? Many...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Trademark / copyright question - little help needed.

Hi Dear Trademark Justia. I think I asked this question before, but I didn't get answer 125% right. My question is; if someone for example trademarks stuff like; "Juan Pablo Tequila" or "Juan Pablo Cigars" ... Can I use term "Juan Pablo" for I don't know ... "Clothes"? Can I have "Juan Pablo... Read more »

Will Blackton
Will Blackton answered on Apr 3, 2018

Attorneys on the Justia Ask a Lawyer board are generally restricted to providing general information about the law. Attorneys cannot provide specific legal advice without raising a host of potential ethical and malpractice issues, which is why you're unlikely to receive the answer you want.... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: What can I do about my landlord placing the house that I'm currently living in online for rent without my knowledge

I have people come by all times of day and night trying to see the house. The first time I came out of the shower and someone was in my house saying that the house was online for rent. I called my landlord and asked him why he didn't tell me that he was doing that he said that he didn't have to,... Read more »

Will Blackton
Will Blackton answered on Mar 6, 2018

That is going to depend on what your lease agreement says about this situation.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Home builder wants to give us 100k to pay off our current home to be able to purchase his new home.

We are interested in a new home, but need to sell our current home 1st. Builder offered us 100k to pay off our home(we owe 83k) so that we can get the loan to buy the house he’s building. We would still have to sell our current home within 1 year, and give him 100k plus 3900 when ours sells, or... Read more »

Will Blackton
Will Blackton answered on Mar 6, 2018

It's possible that this is not a scam; ensure you have your own attorney review all of the documents associated with the transaction.

1 Answer | Asked in Business Formation for North Carolina on
Q: What if a person filed an Limited liability company with the name of the business will they still need to file for DBA?

Will they still need to file for a doing business as name?

Will Blackton
Will Blackton answered on Mar 6, 2018

A business should file a certificate of assumed name or d/b/a if the business is using a name /other/ than the name it has registered with the N.C. Secretary of State in organizing its LLC.

1 Answer | Asked in Business Formation for North Carolina on
Q: How do I start a Sole Proprietary Business in NC selling hand made goods?

I want to start my own business selling hand made goods and I'm not sure where to start.

Will Blackton
Will Blackton answered on Mar 6, 2018

A sole proprietorship is a business owned by one person, which has little legal significance separate from its owner and usually requires no governmental filing except a fictitious-business-name statement, which discloses the name under which the business will be conducted and the owner's name and... Read more »

1 Answer | Asked in Copyright for California on
Q: Is it legal for people to sell car manuals (from the car mfg.) on ebay, no one ever answers this question

....because people need the info. And its hard to find....

Will Blackton
Will Blackton answered on Mar 1, 2018

You haven't provided very many details regarding your situation: are you reproducing these car manuals? Are you interested in reselling physical copies you purchased from the car manufacturer?

Research the "first sale doctrine" which may provide some insight into your question.

1 Answer | Asked in Contracts, Copyright and Intellectual Property for Massachusetts on
Q: What is the usual fee or percentage given to the person who's intellectual property I'll be teaching?

I've trained as certified coach and I'm planning on teaching and certifying people in the same coaching in a different language. The person who certified me and I are creating a royalty, license agreement and I'd like to know what is the usual profit % or fee that is standard or usual.

I... Read more »

Will Blackton
Will Blackton answered on Mar 1, 2018

It depends!

What are you coaching?

From what language are you translating and to which language? That's an atypical piece of the puzzle.

What type of IP are you using?

How will you be reselling the IP?

The answers to those questions and more will...
Read more »

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I copyright screenplay of my conceived story?

I hired a student in movie college to convert my concept , story into a screenplay . She did . I paid her $300 for her work as mutually agreed. However it seems she now wants to share ownership rights with me . She really believes it came from her (also) along with me. Conveniently forgetting I... Read more »

Will Blackton
Will Blackton answered on Feb 26, 2018

Who owns the screenplay? It depends.

Is the student an employee or independent contractor?

Any copyrightable work created by an employee acting within the scope of his or her employment is a “work made for hire.” The parties do not need to address works made for hire in their...
Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Uncle died left no will. Has 2 living siblings but we are heirs thru our deceased dad what are our rights.
Will Blackton
Will Blackton answered on Feb 23, 2018

North Carolina's Intestate Succession Act (describing how an estate is divided if someone doesn't have a will) is available at:

https://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_29.pdf

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