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Questions Answered by Drew Chalfant
1 Answer | Asked in Trademark for Kentucky on
Q: We received a cease & desist concerning our business name as another firm has a similar name.They only gave 2 days notic

Our business name was registered with the state of KY and we have the LLC.

Drew Chalfant
Drew Chalfant
answered on Mar 9, 2021

You should have an attorney look into this. Sometimes the opposing side is right, sometimes they are just trying to intimidate you.

2 Answers | Asked in Trademark for Nevada on
Q: What are my options if a trademark has been established but had an abandonment notice Number 88416440.
Drew Chalfant
Drew Chalfant
answered on Mar 8, 2021

Typically, you would do some additional research to determine if the mark you want is still in use, even though the registration application has been abandoned. In the U.S., trademark rights arise out of use of a mark in commerce and the registration simply puts others on notice that you are using... View More

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2 Answers | Asked in Trademark for Florida on
Q: I would like to trademark “KOUTURE” is this available. Also what are the steps to trademarking anything
Drew Chalfant
Drew Chalfant
answered on Feb 27, 2021

A trademark attorney can help break this down for you. Most of them over charge their clients and don’t really give a s*** about your business beyond the trademark filing. Call me if you want a fair price on your trademark and someone who wants to plug in as a legit partner in your company’s growth.

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1 Answer | Asked in Copyright, Gaming and Trademark on
Q: Is selling score sheets for let's say "Yahtzee" or "scrabble" can cause me any trademark problems?

I'm a print-on-demand seller on KDP Amazon, and I want to sell score sheets for some games such as Yahtzee, scrabble knowing that these terms are owned by Hasbro, am I facing a problem if started selling these using: Yahtzee score sheets for example.

Drew Chalfant
Drew Chalfant
answered on Feb 26, 2021

You may receive a nasty letter from them if you directly copy their existing score sheets and attempt to re-sell them. Even if you remove their logos and just re-print the exact design layout of the sheet, they could raise a copyright/trade dress issue with you. All that being said, those companies... View More

2 Answers | Asked in Trademark for Utah on
Q: How much does a trademark cost?
Drew Chalfant
Drew Chalfant
answered on Feb 25, 2021

The application itself will cost $250-$350 for each "class" of goods and services that you file in. For example, if you offer candles for sale, and candle making classes under the trademark "Wickzy", you would likely want to file in both classes in the same application. Many... View More

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2 Answers | Asked in Trademark on
Q: Hello My trademark is been done vis justia agency My trademark number is 5910706

I am trying to register my brand in amazon but they told me that this registration is not on a principal registry but only with agency

Can you please help?

Drew Chalfant
Drew Chalfant
answered on Feb 24, 2021

Assuming, for the benefit of the doubt, that this is a legit question and not just trolling - this mark has been registered on the Supplemental Register with the United States Patent and Trademark Office (not the Principal Register). This is likely because the USPTO initially had issues with the... View More

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1 Answer | Asked in Business Law for Ohio on
Q: Do you need a permit or vendor license or any certification to run a home based business?
Drew Chalfant
Drew Chalfant
answered on Feb 24, 2021

This is going to depend largely on the nature of your business and where your home is located. If your home is in an area that is zoned for residential use only and you open a business, it may violate the zoning ordinance. While a home-based business that operates exclusively online or doesn't... View More

1 Answer | Asked in Uncategorized for Ohio on
Q: You Hi, I am working on my will. Not sure if I need to see an attorney to get this done.

Hi, I am working on my will. Not sure if I need to see an attorney to get this done. It's very basic and simple. One problem I may have is my dad passed away 14 years ago and left the family piano to my older sister. The thing is I have had it all this time because she claims she has no way to... View More

Drew Chalfant
Drew Chalfant
answered on Jan 13, 2021

You will want to reach out to your sister and at the very least get a clear, written statement that she is giving you the piano before you put it in your will and try to pass it on to your children or anyone else. If you don't have clear ownership of the piano and you will it to someone else,... View More

1 Answer | Asked in Business Law, Contracts and Employment Law for Ohio on
Q: I am 1099 employee with employment contract. If I get furloughed , does the company still owe $$ for previous sales?

I have an employment contract/non-compete agreement. Would this agreement be null and void also?

Drew Chalfant
Drew Chalfant
answered on Jan 11, 2021

The terms of your contract between you and "employer" would govern what happens if services are suspended and you had made sales that qualify for payment prior to the suspension. Often times, employers will put people on 1099 arrangements when in fact they have a more traditional... View More

1 Answer | Asked in Election Law for Ohio on
Q: under the constitution of the united states since donald trump lost election in 2020 can he re run again in 2024

just trying to settle a debate at the work place.

Drew Chalfant
Drew Chalfant
answered on Jan 11, 2021

Yes. The 22nd Amendment, ratified by the states in 1951, sets forth the two-term limit standard. It was a reaction to Franklin Roosevelt's FOUR election victories ('32, '36, '40, and '44). He served a portion of his fourth term until his death in office in 1945.... View More

2 Answers | Asked in Arbitration / Mediation Law for Ohio on
Q: If there is a arbitration agreement on my contract, can the company sue me instead of going to arbritration?

This was a roofing contract. I paid half and have not paid the balance because of issues that have not been resolved.

Drew Chalfant
Drew Chalfant
answered on Nov 18, 2020

Ohio courts routinely enforce arbitration clauses in contracts unless there are specific exceptions in the language of the agreement that would apply to your case, or if there is a significant difference in the bargaining power between the two parties to the contract. If the roofing company... View More

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1 Answer | Asked in Civil Rights for Ohio on
Q: I fired a contractor for not making their deadline and doing shoddy work. Do I have a strong case in civil court?

Hired a contractor for a bathroom remodel who let his employees do the job with zero supervision.The contractor didn’t ask for any upfront payment until I began to question the type of work I was seeing them do. They then wanted half of the estimate, which I paid, and didn’t resume work for... View More

Drew Chalfant
Drew Chalfant
answered on Nov 18, 2020

In Ohio you have a number of possible remedies. Home renovations contractors are required to do work in a "professional and workmanlike manner" that is consistent with generally accepted practices in the industry. If your contractor failed to do that and you had to hire someone else, your... View More

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