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Questions Answered by Will Blackton

1 Answer | Asked in Business Law on

Q: Can a company buy shares from a new startup

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 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 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 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 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...
Read more »

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 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...
Read more »

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 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...
Read more »

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 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 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 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 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 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 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 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 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 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

1 Answer | Asked in Probate and Estate Planning for North Carolina on

Q: If the beneficiary has passed, who is entitled to the devise, the children or the surviving spouse?

My grandfather's will States that at the sale of his property, that $20000, be equally divided among 4 grandchildren. Any additional money made from the sale will be divided among his 3 children. However one of the 3 children(My father) has since passed. Will his third go to, the state, My father's... Read more »

Will Blackton answered on Feb 23, 2018

How your father's share will be distributed should be described in your Grandfather's Will. Did your father pass before or after your grandfather? If after your grandfather, more than five days after?

If your father passed after your grandfather, your father's estate will receive his...
Read more »

1 Answer | Asked in Contracts and Copyright for Georgia on

Q: Are photographers owners of their photos if there is no written contract?

I had a recurring client for about a year and we've always had verbal agreements, no written contracts. The client now owes me money for services rendered and refuses to pay due to an issue they has with me personally. They've threatened me with legal action, requesting that I remove all of their... Read more »

Will Blackton answered on Feb 23, 2018

Who owns the photographs? It depends.

Could you be considered an employee?

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 employment...
Read more »

1 Answer | Asked in Copyright for Texas on

Q: Fan Made Video Game

I am writing this to inquire about reporting copyright infringement on behalf of a video game company. I have recently become aware of sources that are copying and altering material from the official video game company. As a concerned fan of the official games, I was wondering what official steps... Read more »

Will Blackton answered on Feb 20, 2018

Contact the video game company and tell them about the infringement if it's bothering you. It's up to the rights holder (video game company) to pursue copyright infringement claims.

1 Answer | Asked in Stockbroker Fraud for North Carolina on

Q: Hello I am an International student and I have been scammed $ 4700 by somebody, how could I sue him?

I am an international student, I wanted to learn how to trade forex and I made some research and found good feedback about somebody. I contacted him in order to learn with him but he scammed me $4700. He puts me in a terrible situation because I have almost been expelled form the country because I... Read more »

Will Blackton answered on Feb 15, 2018

Do you know this person's real identity and are they located in North Carolina, or at least in the US?

If so, you may have a chance at suing them to recover your money.

You can contact the North Carolina Secretary of State's Securities Division to file a complaint if this person...
Read more »

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