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My credit union says that no institution has the option to restrict withdrawals from a joint account unless both parties sign for the withdrawals. However, a contract I've created gives such an option. How valid is a notarized contract in this case if institutions do not offer mandatory... View More 
answered on Apr 20, 2018
Generally, a contract is only binding on the parties who sign the contract. If the bank is not a party to the contract, it does not have to follow it. You and your business partner can contractually agree to limit the money each of you can withdraw from the account. However, you would not be... View More
The game in question has had no activity in 2 years from the developer of the game. I can not seem to be able to contact him though as he has not responded to messages i have sent. Is there any way that someone could help me get in contact with him?
answered on Apr 20, 2018
You may not need to buy the rights. A game is typically not protected by intellectual property rights. There may be trademark and copyright protection for certain game elements, such as illustrations or logos. Although, you could design around those. I recommend speaking with an intellectual... View More
Hello..I want to list the product on the FBA. I clarified that this product is not patented, but I want confirmation from you..
answered on Apr 19, 2018
You will need to hire a patent attorney to provide an opinion letter on whether the product infringes a valid patent. This is a complex analysis and cannot be answered easily.
When we post these photos, do we need to credit photos? Ask for permission? Does it fall under fair use? I'm worried we'd get into trouble if we started posting other people's photos of this politician for their campaign without photographer/owner's permission.
answered on Apr 19, 2018
What you are proposing is not legal. To publish photos taken by someone else, you would need to obtain permission from the person or business that owns the rights to those photos.
So if I was to create my own artwork then sell it as "Fortnite Inspired T-Shirt" would this be considered illegal?
answered on Apr 19, 2018
Possibly so. An attorney would need to review the design and the trademark registration to answer this questions.
I have a business idea for a blog that I've been trying to get off the ground. I just came across a similar (not 100% but in the same vein) blog. I am considering contacting them to see if I could purchase the existing business, but I don't want to if it might imply that I'm copying... View More
answered on Apr 17, 2018
It is not illegal to copy a business idea. Your business model could be 100% identical and it would be fine. You just cannot copy the articles on the other blog or use the same name as the other business.
I'm changing the name of my business. I want to know what should be trademarked, included on all advertizing, logo's, and signage. Is it okay for the business to legally have one name, registered with the State of Missouri and still have a logo that identifies the business by another... View More
answered on Apr 17, 2018
If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so.... View More
Want a federal trademark for a Colorado based business (local and online sales), but the same name is in use in California by another business (same type of product, just not trademarked). We could ship online orders to California based customers, and are concerned about lawsuits based on Common... View More
answered on Apr 17, 2018
The other business would likely continue to have common law rights to the mark in California. Generally a senior user of a mark retains the right to use the mark in geographic locations where their business operates, even if a subsequent user registers the mark on the federal registry. Depending... View More
The person that filed for the trademark of our team is no longer in charge of the team and I want to update it
answered on Apr 17, 2018
Trademark rights are acquired by using the mark. The fact that a trademark registration or application is abandoned does not mean that it is open for anyone to take. If the owner of the mark you are interested in no longer uses it, and you begin using it, you may be able to register the mark. An... View More
answered on Apr 17, 2018
Yes, you can register a trademark in the US even if that same mark is registered in another country.
The agreement was for app development. However it was not usual. I agreed to accept 25% of the contract while the remaining balance is to be paid once the project gets funded. The client stated that they own the intellectual properties of the idea and that it is legally "clean". A few... View More
answered on Apr 9, 2018
If the owner personally made a material misrepresentation, then yes, you would be able to sue him or her personally. I recommend speaking with an attorney would has handled these type cases in your state.
We are looking to register our trademark, but research has shown, that another company with the same name and a registered trademark already exists.
But not only this, their trademark is registered in the same class 9.
However, they are producing heavy CNC machinery, where our... View More
answered on Apr 9, 2018
Yes, it is possible for two different products to share the same trademark, even though both products fall under the same trademark class.
Copyright material would include a brief video clip, a painting or a photo image.
answered on Mar 27, 2018
It depends on how much of the content is used, the context of the use, and the original work. A copyright attorney would need to review your proposed work and the original work to determine if the new work is protected by fair use. Nonprofits are not automatically exempt from copyright... View More
I know it is illegal to sell counterfeit handbags but resale stores have them listed as "faux" and at a fraction of the price. My question is, is it illegal?
answered on Mar 27, 2018
Yes, it is illegal. Trademark infringement is not excused by disclosing that the goods are counterfeit.
under this abandoned trademark. Can I register the name? IS there any conflict since it has been abandoned for over a year.
Would the person have to be notified before I was able to register?
answered on Mar 27, 2018
A trademark attorney would need to review all the facts to determine if you can register the trademark. The fact the trademark has been abandoned alone is not enough to know you can use the trademark. It would be helpful to know what goods or services were claimed, what goods or services are... View More
Hi. I wanted to register a trademark and wanted to know if I wanted to use it for selling clothing and a Magazine, would these be two separate classes?
answered on Mar 20, 2018
Yes, clothing and magazines are in two different trademark classes.
answered on Mar 19, 2018
You will want to seek the assistance of an attorney, as there can be considerable differences between the business law in the United States and the Philippines. A United States business law attorney can set up a business in the United States.
the name Orca. A week ago a trademark for the words was granted to someone who has not been using those words before. Can my company protest the issuance of such a trademark (words) to that party?
answered on Mar 19, 2018
It depends on the context in which you use the word Orca and the context that the trademark applicant plans to use the word in. You may have grounds to cancel the trademark. An attorney would need to review all the facts to determine if you have a case.
What is the level of responsibility that a seller has if he dissolves an llc after selling property with a general warranty deed in Oklahoma in terms of liens or title disputes?
answered on Mar 16, 2018
I would speak with your title insurance company about this. In most cases, it is the title insurance company that ends up handling problems with deed warranties rather than the seller individually.
Or do I need to file for registration in every country that my company does business in?
answered on Mar 16, 2018
A United States trademark is enforceable only in the United States. If you want to enforce your trademark in another county, you would need to file a trademark application there. There is a simplified international registration process that may be available depending on when your US trademark... View More
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