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Questions Answered by J. Tanner James
2 Answers | Asked in Contracts and Employment Law for West Virginia on
Q: How legally binding is a non-compete clause if a client wants to continue services after terminating your contract?

I am a Licensed Professional Counselor working as an Independent Contractor for a small private practice. I am planning on starting my own practice in the near future and have a handful of long-term clients that the current practice will not be able to absorb. If the clients want to continue... View More

J. Tanner James
J. Tanner James
answered on Sep 22, 2022

Firstly, judicial enforcement of non-compete agreements (often called "Covenants Not to Compete" in WV) is heavily fact-dependent, with consideration given to the reasonableness of the agreement, the legitimate interests of an employer seeking protection, the adverse impact on the... View More

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1 Answer | Asked in Internet Law, Juvenile Law, Municipal Law and Civil Litigation for Florida on
Q: Do I need a consent form from a stranger to show them in a monetized YouTube video?

I'm planning on making YouTube videos in which I record conversations with people in public places (with a cashier, waiter, person at the park, etc.) and then use that clip to help teach people English by explaining the meaning of what I and the stranger said. My YouTube channel is... View More

J. Tanner James
J. Tanner James
answered on Sep 20, 2022

A signed release is always your best option. Depending on your location, you could be dealing with privacy laws AND publicity laws, and a failure to obtain a signed release could expose you to serious civil liability. Given the purported nature of your videos, I would imagine participants would... View More

2 Answers | Asked in Trademark for Georgia on
Q: is registration # 87390926 tired of dreaming active or dead? if active how to maneuver through likelihood of confusion

In the process of TM and see parts of application name trademarked but I don’t understand action refusal for this trademark and if it would impact my application as well

J. Tanner James
J. Tanner James
answered on Sep 20, 2022

This application was abandoned for failure to timely file a Statement of Use or a request for extension.

However, this does not necessarily mean that the mark “TiredOfDreamin” is unprotected. Common law trademark rights exist the moment a mark is used in commerce and require no formal...
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