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2 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Florida on
Q: Can I create a magazine with the name Pulse
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answered on Sep 11, 2024

Creating a magazine with the name "Pulse" may involve potential trademark issues, as the name is quite common and could already be in use by other entities in various industries. Trademark law is designed to protect brand names and logos that are used to identify goods and services. If... View More

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1 Answer | Asked in Contracts and Education Law on
Q: Ayuda para que Mariajose no se integre a mi sociedad

Hola, necesito que entiendas la situación en la que estoy con la empresa. María José, que se había retirado, quiere reincorporarse y esto tiene varias implicaciones. La empresa tiene una deuda de $80,000 con un interés del 10%, pero si María José se reincorpora, el préstamo sería de... View More

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answered on Sep 10, 2024

ESTO NO ES ASESORIA LEGAL. Sin embargo, con base en los hechos presentados, estan son las precisiones que pueden hacerse:

La reincorporación de María José en la empresa, dada la estructura y el contrato social que para existir exige la aprobación de todos los socios, tiene implicaciones...
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3 Answers | Asked in Trademark for North Carolina on
Q: I have found some cancelled and abandoned trademarks listed on Justia, how would I go about purchasing them?

The trademarks in question were listed as Origin Systems, 710 - Cancelled - Section 8 and Bullfrog Productions, 602 - Abandoned-Failure To Respond Or Late Response. Each trademark expired in 2003 and 2001 respectively.

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answered on Sep 10, 2024

Purchasing a cancelled or abandoned trademark can be a complex process, but it is possible to acquire them if you follow the right steps. Here’s a general guide on how you might proceed with the trademarks you’ve found:

- Use the United States Patent and Trademark Office (USPTO)...
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2 Answers | Asked in Entertainment / Sports and Gaming for Georgia on
Q: I frequent a pub where they feature music bingo.

For the final round, everyone pays $5 per bingo card. The first person to fill their entire card wins the pot, sometimes it's over $1000. Is this completely legal and is there anything to watch out for?

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answered on Jun 12, 2024

Whether a bingo game where players pay for cards and win a cash prize is legal depends on the jurisdiction. Here are some general considerations to keep in mind:

1. Legal Framework

- Gambling Laws: Many regions have specific laws regulating gambling, which include games like bingo....
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1 Answer | Asked in Entertainment / Sports for Wyoming on
Q: Can a volunteer sports program require volunteer coaches to not drink alcohol in between games?
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answered on May 29, 2024

In New York, volunteer sports programs generally have the authority to set conduct standards for their volunteer coaches, including policies about alcohol consumption. These programs aim to ensure the safety and well-being of the participants, maintain a professional environment, and set a positive... View More

3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Is "secret sauce" ( "602 - Abandoned-Failure To Respond Or Late Response" ) available to secure? If Yes, how?
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answered on May 26, 2024

Hypothetically, under U.S. trademark law, if the trademark "secret sauce" has received the status "602 - Abandoned-Failure To Respond Or Late Response," it might be available for another party to secure.

Here's how one might proceed:

1. Check the Trademark...
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2 Answers | Asked in Trademark and Intellectual Property for Minnesota on
Q: Saint-Tropez is trademarked. Ok to use Saint Tropez for 025 clothing?
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answered on May 24, 2024

Using "Saint Tropez" for clothing could be problematic if "Saint-Tropez" is trademarked in a related category, as it might lead to legal issues due to potential consumer confusion. Trademark laws vary by jurisdiction, and geographical names can have specific restrictions.... View More

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I trademark Together We Can since the previos trademark has been abandoned
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answered on Apr 12, 2024

When considering trademarking "Together We Can," it's crucial to conduct thorough research to ensure the name is available and eligible for trademark protection.

Start by searching the United States Patent and Trademark Office (USPTO) database to confirm that the previous...
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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

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answered on Apr 7, 2024

In situations where multiple individuals collaborate on creating music, it's crucial to establish clear agreements regarding ownership, distribution, and compensation. If you've contributed to the creation of music and lyrics but haven't given permission for their use, you may have... View More

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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I show the title and author of book in my short film if i don't' use the cover art?

The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.

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answered on Apr 6, 2024

When featuring the title and author of a book in your short film without using the cover art, you need to consider both copyright and trademark law.

1. Copyright Law: Copyright law protects original works of authorship, including literary works such as books. Displaying the title and...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: The use of famous names/trademarks in word search books.

I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More

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answered on Mar 29, 2024

When considering including the names of famous individuals or games in word search books for the American market, it's essential to navigate copyright and trademark laws cautiously. While individual names typically aren't protected by copyright, using them in a commercial context could... View More

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3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Is it illegal if I take/use pictures of nightclubs using my own phone/camera to use on my app that's based on NYC clubs?

I am creating an app that helps people make smarter decisions when going out. We have a lot of venues on the app and reached out to many to see if we can use their content (from Instagram and their websites) but we have not received a response yet. We have read the privacy terms on various clubs... View More

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answered on Mar 29, 2024

In developing an app aimed at helping users make informed decisions when going out, it's crucial to consider copyright laws when using content from venues, such as photos or videos from Instagram and websites. While reaching out to venues for permission is a commendable step, the absence of a... View More

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2 Answers | Asked in Copyright, Patents (Intellectual Property), Trademark and Intellectual Property for New York on
Q: I want to use a name that's trademarked under the entertainment/toys section, for my new tech company - am I allowed to?
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answered on Mar 29, 2024

Using a trademarked name for your new tech company can be legally complex and potentially risky. Trademarks are protected intellectual property, and using a trademarked name without permission could lead to legal issues, including allegations of trademark infringement.

To determine if you...
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3 Answers | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for New York on
Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.

A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More

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answered on Mar 10, 2023

If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of... View More

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3 Answers | Asked in Civil Litigation, Contracts and Small Claims for New York on
Q: If you have gotten a judgement in small claims court and the contractor refuses to pay, do u have options
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answered on Dec 9, 2022

Usually a judgment includes a time to comply. If the party who loses does not comply you will need to start an action to enforce the judgment. You may request an order to be paid from the contractor assets, like a bank account.

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1 Answer | Asked in Business Formation and Immigration Law for New York on
Q: Can I start a business, register to E-Verify and work on a side startup while maintaining my full-time job on STEM OPT?

Hi, I'm a current Post Completion OPT employee and am in the process of applying for my STEM OPT extension. My OPT and STEM OPT extension are based on my full-time employment in the US.

My question is: Can I start a business of my own, register to E-Verify and work on a side start-up... View More

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answered on Nov 18, 2022

E-Verify is for Established US Employers. You OPT only allows you work for a US employer. This could be interpreted as working without authorizarion. You should get legal counsel first.

1 Answer | Asked in Immigration Law for New York on
Q: Hello, Can a gay G4 visa holder (non decision) from a LGBT-persecuting country apply for a Green Card.

I am a current LGBT G4 holder working for an International Organization (non-decision-making role) and from a country where LGBTQ people are persecuted. Instead of the asylum route can I apply for a Green card under the Section 13 (Diplomat) route?

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answered on Nov 18, 2022

There is a provision of immigration law that allows certain long-term international organization employees and their eligible family members to apply for special immigrant status and become permanent residents of the U.S. (get a Green Card) as long as their organization remains recognized.

3 Answers | Asked in Contracts and Employment Law for New York on
Q: I a am contractor and the contract expired but business still pays me and I still provide service what obligations exist

The contract had a Termination clause that explicitly noted that it ended on a specific date last year. Under the contract IP I created during the period of the agreement would belong to the company. The contract also guarantees a profit share as part of the compensation. The contract is governed... View More

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answered on Nov 7, 2022

If the contract expired but you are still performing services, there maybe an argument that this is a contract agreed to by the conduct of the parties. The problem is that account to the Statute of Frauds can enforce the terms of this non-written agreement if you ask more than $500.

That...
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2 Answers | Asked in Copyright on
Q: Hello im a small business owner and designer using public domain characters and images in my products

Recently my amazon seller account was shut down and I was asked to supply brand authorization (apparently a company had trademarked a public domain character ) I know that Im able to use public domain free of copyright

I have never used any assets from this trademark holder. Is there a way... View More

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answered on Sep 13, 2024

As a small business owner using public domain characters, it's crucial to understand the difference between copyright and trademark law, especially when selling on platforms like Amazon. Public domain works are free from copyright, allowing you to use them without restriction. However,... View More

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1 Answer | Asked in Banking, Business Formation and Contracts for Illinois on
Q: My father has been offered a contract, to purchase distribution rights for his book, needs help from a lawyer

Would like to know if this is a scam or a legitimate offer

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answered on Sep 11, 2024

THIS IS NOT LEGAL ADVICE.

To determine whether the contract offer for distribution rights is legitimate or a potential scam, it’s crucial to have a thorough review of the offer by a lawyer, especially one with experience in intellectual property and publishing contracts. Here are some...
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