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Questions Answered by Jim Boness
1 Answer | Asked in Business Law for Oregon on
Q: corporation law. Small corp C Who is supposed to schedule the annual meetings?

Have a secretary in place for 16 years and has done zero for the company. also 50% shareholder.

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answered on Jan 30, 2024

First, the governance of corporations is dictated by Oregon statute, however, the corporations' bylaws, which can and often do override default rules for many things, would be the first place to look when attempting to answer this question. As stated in ORS § 60.061 and ORS § 65.061, bylaws... View More

1 Answer | Asked in Entertainment / Sports and Civil Rights for Oregon on
Q: I am a member of a band that plays music for family dances and retirement centers. I also maintain the Facebook page

and website for this band. We have videos on these sites of our events. I'm particularly concerned with the retirement centers as those performances might be considered a more private event. Do I need written permission to post the videos? Could someone sue me for having a video out there?... View More

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answered on Dec 5, 2023

Your question asked if someone 'could' sue you for the described action. Unfortunately, yes, someone could and might. Could they win? That is a different story. This questions deals with the right to privacy in Oregon. (Oregon really does not have a right to publicity unless you have a... View More

3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license

Do I need to get a trademark or register it?

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answered on Dec 5, 2023

You have a couple of options for protecting your original work, as described. The first would be to copyright the book, or books, you write. You could do them individually (single author, same claimant, one work, not for hire) and pay the $45 dollar e-copyright registration fees for each.... View More

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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Collections for Oregon on
Q: Rent a center threats

Rent a center is harassing me threating me with jail and being arrested I paid on time every time I recently went on fmla 4weeks ago and can't pay at the time they won't accept what I can pay I just wanna know my legal rights I live in oregon the rent a center is in washington state can... View More

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answered on Oct 19, 2023

As far as your question, if you rented from a Rent-A-Center in Washington, the contract probably will be governed under Washington law. Check your contract to see if that is the case. If so, you will need to speak with a Washington licensed attorney.

As far as any rights to keep the...
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2 Answers | Asked in Real Estate Law for Oregon on
Q: Is it really a law that a realtor can ask me to send my DL or Passport to them over the internet.
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answered on Oct 10, 2023

There is no Oregon law that requires you to provide any particular information over the internet for a real estate transaction. There are no civil or criminal sanctions for refusing this request. The request may be the realtors preferred practice, but you are not obligated to comply with the... View More

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2 Answers | Asked in Intellectual Property and Trademark for Oregon on
Q: Could I legally use the name all the smoke as the name of my spice blend. Of course, it wouldn't be the company name
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answered on Oct 2, 2023

This is not a copyright question, but really belongs in the realm of trademark law. Whether you can use any particular name for a product or business cannot be answered unless and until you do a thorough name clearance search. Yes, they do cost money, but the money spent upfront can be considered... View More

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2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: How do I trademark my art work so I can share it to my business social media safely
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answered on Mar 3, 2023

Trademark signifies a source of goods or services. Unless your artwork serves as a logo (which can be trademarked), you would have to demonstrate to the USPTO that the elements of your artwork are distinctive and unique enough (secondary meaning) to qualify as a source of goods. This can be... View More

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2 Answers | Asked in Employment Law for Oregon on
Q: If you quit without notice in Oregon are they required to pay your acquired vacation time?
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answered on Aug 10, 2022

Payout of vacation time will be dictated by your employment agreement and the company policies regarding that payment. If the company has a pto benefit and you have accrued PTO that has gone unused, you should be entitled to that unused time as pay. Most employment contracts are at-will contracts... View More

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1 Answer | Asked in Business Law for Oregon on
Q: Does a lawyer have to draw up the sale agreement in the sale of a sole proprietorship?

Selling at a very low price/loss so can't afford lawyer/attorney fees to draw up a contract. I don't mind drawing it up myself but I want to make sure it would be legal to do so.

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answered on Apr 15, 2022

To answer your question, yes, you certainly can draft your own sales agreement. However, it would be more advisable to have counsel prepare one if you can. The money spent on counsel may be tax deductible.

Notwithstanding, as you indicate you have a sole proprietorship, what you are...
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2 Answers | Asked in Trademark for Oregon on
Q: if a trademark has been abandoned or canceled can you print clothing with it on without getting in legal trouble

specifially the grateful dead dancing bear graphic

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answered on Mar 1, 2022

I agree with my colleague's previous answer and would just add for some background that one obtains trademark rights through use of a mark on goods or services. Registration of a mark is not required for protection but is most definitely helpful. It puts others' on notice that the mark is... View More

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1 Answer | Asked in Trademark for Maryland on
Q: A trademarked name I want to use says that it is status is 606 - abandoned- No statement of use filed Can I use the name

I want to use the name for a sweatshirt Brand I’m thinking of starting and I looked up if the name is trademarked on Justia Trademarks and it says Status: 606 -Abandoned - No statement of use filed. Status date : 2020 -06-15

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answered on Dec 5, 2021

The more appropriate place to be checking to see if a trademark might be valid to use would be the USPTO site, not Justia. I would advise doing a cursory search there first. However, this is just a preliminary step and would only pick up obvious instances of your proposed Mark being used. You... View More

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