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Questions Answered by Dan Robinson
3 Answers | Asked in Business Law and Trademark for California on
Q: Somebody is selling goods using my mark. They claim to have been using it before I filled. What can I do?

I have sent out a cease and desist letter.

Dan Robinson
Dan Robinson answered on Jul 13, 2020

If your mark is registered, and assuming that they are telling the truth about using the mark first, you can sue to have their mark limited to a certain geographic area or a certain type of product/service. In a case I dealt with like this, a lawsuit was filed but the parties came to an agreement... Read more »

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2 Answers | Asked in Business Law and Civil Litigation for California on
Q: Hi, Can I sue someone who took my company van picture at gas station and posted 1 star review on Yelp?

The guy took pictures of my van and the person who put gas on open air without mask keeping 6 feet distance. The person who took a picture posted it on my business yelp page and put 1 star review. I have all 5 star reviews. He is not my customer and he is just trying to ruin my business. Because of... Read more »

Dan Robinson
Dan Robinson answered on Jul 11, 2020

As Maurice said, you can sue anybody for anything. The question is whether you have a chance of winning. Here, the question is whether the reviewer said or implied anything false. If so, then depending on the specific circumstances, you may be able to sue for a court order forcing him to take down... Read more »

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1 Answer | Asked in Business Law for California on
Q: Should respondeat superior apply to a principal’s liability for torts committed by independent contractors?
Dan Robinson
Dan Robinson answered on Jun 12, 2020

It depends. I have sued a property owner for damage caused by its contractor. But it's unlikely that respondeat superior will apply. A principal can instead be held liable based on its own negligence in hiring, instructing, equipping, or directing the contractor.

But there's a...
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