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Questions Answered by Will Blackton
1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Consumer Law for Massachusetts on
Q: Who and where should I file a lawsuit against a company that is not in my state?

I was wondering who I should contact or just to go through small claims court in regards to a travel agency that promised to refund me and is giving the run-around as to why they can't refund me, after already promising to do so. Any information is greatly appreciated.

Will Blackton
Will Blackton
answered on Aug 29, 2017

If you signed a contract with the travel agency (most likely for your original transaction, not the refund), that contract may contain a provision regarding consent to jurisdiction and governing law. If that provision exists, contact an attorney in the state described in that provision.

If...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: Is it legal to use verses from the bible on "print on demand items" to sell online? Do I need a license? I live in MN.
Will Blackton
Will Blackton
answered on Aug 29, 2017

It depends on what version (edition/translation) of the bible you're quoting.

The ancient versions of religious texts are almost certainly in the public domain, and freely usable. However, any quote you're likely to come across in the "print on demand" context is...
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1 Answer | Asked in Copyright for Michigan on
Q: I want to create a mobile app that uses data from a book. is this a infringement if my data is presented differently?

for instance, the page shows words and numbers, and my app will prompt for words and display those numbers.

is the data or the style copyrighted?

Thanks

Will Blackton
Will Blackton
answered on Aug 29, 2017

The short answer is: it depends.

Generally, facts cannot be copyrighted, however the display and organization of facts can be copyrighted. To answer whether the particular organization of information you're talking about contains the required level of creativity to receive copyright...
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2 Answers | Asked in Contracts, Copyright, Business Law and Intellectual Property for California on
Q: I'm looking to start an online t shirt company and need pay someone a one time fee to make a design for the shirt.

I would like to be given ownership of the designs and would take complete control and profit from it. what contacts will i need to have signed or made? is this even possible?

Will Blackton
Will Blackton
answered on Aug 28, 2017

Yes, this is possible.

From your description, it sounds like you want a work-for-hire contract for a graphic designer or photographer. An attorney specializing in intellectual property or copyright law will be able to assist you. Use the Find a Lawyer function on Justia or contact your...
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1 Answer | Asked in Contracts and Business Law for North Carolina on
Q: What is considered disclosing information?

I am writing a follow up question. I work as an independent contractor and the company I contract for says disclosing informagion to others is a breach of contract. They say that having children present is disclosing information. They claim that by having children (my 18 month old) in the... View More

Will Blackton
Will Blackton
answered on Aug 25, 2017

I have a story about a boy who never grew up. My question is: Is Tinker Bell a fairy or magical child? The question can't really be answered without reading the book. Similarly, it's unlikely that an attorney is going to be able to offer you any substantive advice about a contract... View More

1 Answer | Asked in Business Law for New York on
Q: I want to know whether it is poonzi or mlm

My question is a Ponzi scheme. I have seen a legitimate business marked as a clubs sells subscriptions only and member of the club can recruit other members as well for a share of their proportion of the new members' subscription. Is this MLM or Ponzi

I think you have a very legitimate... View More

Will Blackton
Will Blackton
answered on Aug 25, 2017

This isn't really a legal question, however, a Ponzi scheme's defining feature is using incoming money from one member or account to pay money to an unrelated member or account. New money must always be coming in to sustain a Ponzi scheme, because the "business" isn't... View More

1 Answer | Asked in Business Formation and Business Law on
Q: Iwanna now how to write a legal law concerning starting a new company??
Will Blackton
Will Blackton
answered on Aug 25, 2017

If you're looking for more information about how to enact a law dealing with business formation, contact your representative in your state's legislative body. You can Google: "who is my representative in [your county] [your state]." Many state government websites have... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Could documented proof (not temporary patents or signed papers) be enough to sue someone for stealing my invention ide?

I have a great invention idea and want to go to a patent lawyer because getting a patent on my own seems complicated and I don't want to mess up. However, I don't want to tell anyone about my product idea because even if they sign non-disclosure papers, they could secretly tell others... View More

Will Blackton
Will Blackton
answered on Aug 25, 2017

You should not be concerned that a patent attorney is going to steal the idea underlying your potential patent application. There are robust legal protections in place to protect your private and confidential information when you discuss legal matters with an attorney. If an attorney were to... View More

1 Answer | Asked in Business Law and Trademark for Georgia on
Q: There is a company with the same that I want to use, but the services we provide are different. Can I still use mine?

The other company is also in another state.

Will Blackton
Will Blackton
answered on Aug 25, 2017

Can you? Certainly. the Georgia Secretary of State isn't going to search for companies outside of your state when you register your business name.

Should you? That depends on your tolerance for risk of a lawsuit. You would have to consult with an attorney in your state, ideally one...
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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I want to know how are people able to create gifs from copyright content and not be sued?

I see gifs on social media all the time. Since the music industry doesn't allow copyrighted songs on video people make on youtube, how can we create gifs and not be sued?

Will Blackton
Will Blackton
answered on Aug 25, 2017

You've asked two different questions here:

(1) why aren't people who create gifs from copyright content sued and

(2) how can you create gifs and ensure you aren't sued.

To respond to the first question: someone has to enforce their interest in copyrighted...
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1 Answer | Asked in Estate Planning for North Carolina on
Q: What reason might an individual want an irrevocable v. revocable trust if his total assets are below $3,000,000?
Will Blackton
Will Blackton
answered on Aug 10, 2017

Total asset value isn't the only consideration for creating a revocable or irrevocable trust.

Generally, irrevocable trusts offer greater asset protection and certain tax advantages. Irrevocable trusts are treated like a totally separate and individual entity because the assets are...
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1 Answer | Asked in Intellectual Property and Trademark for North Carolina on
Q: Can I use a theme from something that's trademarked if I'm using it in a completely different field/context?

I'm writing software that's named something similar to, but different from, "Jiffy" (the popcorn). I'd like to use an cartoon version of popcorn popping in a tin bubble for a stylistic effect as a logo. The software has nothing to do with food (popcorn or otherwise).... View More

Will Blackton
Will Blackton
answered on Aug 10, 2017

The key question is: will this cause consumer confusion?

This is a question that can only be answered by a judge, but an attorney can assist you. I am not your attorney, and this incredibly fact-specific question would require careful examination of facts outside of what is contained in...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I would like to remove some deed restrictions from land I purchased. it is not an established HOA, Can it be done?
Will Blackton
Will Blackton
answered on Aug 10, 2017

There are a few modes of terminating restrictive covenants in North Carolina. Provisions are often drafted whereby they will expire by their own terms after some number of years (usually 3-4 decades). Also, provisions can be drafted whereby there is some mechanism for terminating the... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: May I use Lawyer to represent me for Sale of Home?

I will be traveling to overseas, and would not be here for the House Sale Closing

Will Blackton
Will Blackton
answered on Aug 10, 2017

Yes, you could hire a lawyer to represent you for the sale of a home. An alternative and probably a less expensive option is to have a lawyer draft a power of attorney document, appointing someone as your limited attorney-in-fact for the purpose of selling specific property. Then a friend or... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: My landlord sold the property and I did not sign a new lease at the beginning of the yr. Can I get evicted?

Like if I'm behind on rent and I didn't resign my lease what can the new landlord do

Will Blackton
Will Blackton
answered on Aug 10, 2017

If you previously signed a one year lease which has expired, you are likely a month-to-month holdover tenant. The landlord can give you notice that they intend to terminate your month-to-month lease. If you don't move out, the new landlord can then evict you. Alternatively, if you have not... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: I invested in a real estate deal and we have a notarized contract. He has not paid as he said he would. Can I sue?

I signed a contract with a developer and invested in a deal to finish a house. The contract states that if I am not paid, I can seize the house and/or seize assets to get my investment money + principal + fees. I would like to start this process. Can someone help me?

Will Blackton
Will Blackton
answered on Aug 10, 2017

Yes, use the Justia Find a Lawyer tool to locate a North Carolina attorney with real estate and construction litigation experience.

1 Answer | Asked in Copyright and Trademark for Oklahoma on
Q: I am having a logo created for a startup company and I find a image on google that I want it to look exactly like...

Is that okay?

Will Blackton
Will Blackton
answered on Aug 10, 2017

It is not legally permissible to have someone recreate an image exactly or copy an image directly to use for your logo. Contact the artist who created the image that you want to use and see if you can purchase the rights to use that image for your logo.

2 Answers | Asked in Copyright and Trademark for Maryland on
Q: Can I get the document that says you registered for a trademark?
Will Blackton
Will Blackton
answered on Jul 27, 2017

If you registered for a trademark, yes. If you worked with an attorney, contact your attorney.

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1 Answer | Asked in Copyright for Arkansas on
Q: Am I immune from copyright infringement if I download so-called abandnware from archive.org since they're DMCA exempted?

Archive.org states that they've been exempted from copyright issues(https://archive.org/about/dmca.php) under the fair use doctrine and due to its educational purpose.

They have alot of vintage stuff available, which I'm crazy about, such as having magazine copies of old software... View More

Will Blackton
Will Blackton
answered on Jul 27, 2017

You're almost certainly *not* immune from copyright infringement liability. The best Archive.org can warrant, if it is not the creator of the content you're downloading, is that it will cover the costs of a lawsuit based on downloading from their website (indemnification). To my... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Hi, I own an online shop selling digital designs, just wonder how to trademark an image. Thank you
Will Blackton
Will Blackton
answered on Jul 27, 2017

A trademark generally protects images or items that identify a company broadly, such as its logo. The U.S. Patent and Trademark Office has some resources on their website, which walk applicants through the process.

Copyright protection may be more appropriate for what you're...
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