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I am interested in acquiring ownership of a defunct company that ceased operations in 1968, along with its key original filed trademarks. Some of these trademarks are still actively used by an owner within the same industry, while others are expired or have limited use. I want to continue the... View More 
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answered on May 13, 2025
Trademark rights in the United States are primarily governed by federal law and adjudicated through the U.S. Patent and Trademark Office (USPTO) and the federal court system, rather than through state registration systems. While some states, including Illinois, do maintain their own trademark... View More
I was staying at a hotel with a friend who was arrested and has an outstanding balance with the hotel. The hotel is now keeping my belongings, even though I am not responsible for my friend's debts. I've tried to retrieve my belongings, but they have not been returned to me. Can the hotel... View More
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answered on May 4, 2025
In North Carolina, a hotel (or “innkeeper”) does have certain rights under state law to hold a guest’s property for unpaid charges through what’s known as an innkeeper’s lien. However, that lien applies specifically to the property of the guest who owes the debt. The hotel generally does... View More
I'm in the process of designing a logo for my professional nursing business. Are there specific legal restrictions or considerations I should be aware of regarding the use of particular symbols or terminology in the logo?
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answered on May 4, 2025
If you're designing a logo for your professional nursing business, there are a few legal considerations to be aware of, especially depending on whether your business is accredited or subject to oversight by a licensing board in your state. Symbols like the Red Cross emblem (a red cross on a... View More
I am part of a homeowners association in Tennessee where our bylaws state that a homeowner must have lived in their condo for 24 months before renting. A homeowner living in the condo is allowed a roommate but cannot rent it out. Currently, someone is attempting to circumvent this rule by setting... View More
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answered on Apr 23, 2025
The key to answering this question lies in a careful review of the HOA’s bylaws and covenants, as these governing documents likely define what qualifies as ownership and occupancy within the community. I would advise speaking with an attorney to review those bylaws, such as my office.... View More
I recently received a phone confirmation from a company stating that my refund would be processed and would appear on my credit card within 3-5 days. Approximately 3 hours after the call, I received an email from the company detailing the refund amount and the last four digits of my credit card.... View More
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answered on Apr 23, 2025
Whether the company must honor the refund may depend on whether a binding contract was formed, which typically requires offer, acceptance, and consideration. If the refund was simply a voluntary promise without any action or agreement from you in exchange, there may be no enforceable contract due... View More
I am concerned that Kaplan Test Preparation's "All Access" program, which provides free test preparation courses to university students in exchange for the universities’ agreement not to introduce competitors, constitutes a monopoly over certain universities. This exclusivity... View More
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answered on Apr 23, 2025
Exclusivity agreements, where a buyer agrees to purchase only from a particular seller for a set period of time, are a common form of nonprice vertical restraint and are not per se unlawful under U.S. antitrust law. Courts analyze such arrangements under the rule of reason, weighing both their... View More
I signed an online agreement with the Wesley Final Group to cancel a timeshare on April 14, 2025. The timeshare is located in Tennessee. Can this service contract agreement be canceled within three days?
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answered on Apr 16, 2025
In Tennessee, the ability to cancel a timeshare service contract depends not only on state law but also on the specific terms of your agreement and the location, or situs, of the actual timeshare property. Even if you reside in Tennessee or signed the service contract there, your cancellation... View More
I registered the trademark "Kinzaap Kitchen" in June 2024. Recently, I discovered another restaurant named "Kinzaap Thai Restaurant" operating in a different state. I have not yet taken any legal action or sent a cease and desist letter to them. Can I ask them to stop using the word "Kinzaap"?
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answered on Apr 13, 2025
Possibly. It is advised that you speak to counsel.
However, if the "infringer" is using a similar name prior to your federal registration, then they might be protected by common-law trademark rights. If you need more information, then I would recommend reading "Burger King... View More
I'm planning to start a business under the name "Kadosh" and intend to use "kadosh.global" as my website. The name isn't trademarked currently, but I aim to trademark it at the federal level in the future when affordable. My business will focus on ministry, clothing,... View More
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answered on Apr 13, 2025
Initially, I would advise seeking trademark counsel to fully advise you on your situation.
There are multiple factors that are at play here. First is your name "Kadosh" which is Hebrew for "holy" or "sacred". Examiners might view this word as descriptive of... View More
In North Carolina, is it legal for an independent car salesman to avoid obtaining a dealer's license by purchasing and selling cars under multiple LLCs to stay under the five-cars-per-year limit? In this scenario, there are active complaints as the salesman sells cars under a "rent to... View More
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answered on Apr 10, 2025
Please refer to North Carolina General Statutes Section 20-286(11)(a)(2) which states that a Motor vehicle dealer or dealer is defined as "[a] person who... [o]n behalf of another and for commission, money, or other thing of value, arranges, offers, attempts to solicit, or attempts to... View More
I am working as a 1099 contractor in the photobooth industry and have signed a two-year non-compete agreement with a 100-mile radius restriction. There was no compensation or benefits added for agreeing to this non-compete clause. Is this contract legally enforceable?
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answered on Apr 10, 2025
Every situation is different and a full analysis of your particular matter would be necessary. However, generally, South Carolina allows non-compete agreements to be enforceable as long as they are "reasonable" and "necessary" to protect a legitimate business interest which is... View More
I'm dealing with an estate proceeding in South Carolina where three different lawyers from the same law group have consecutively handled my case without notifications when the changeovers occurred. They've been charging an hourly rate directly from the estate itself. I'm concerned... View More
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answered on Apr 10, 2025
In South Carolina, individuals involved in legal disputes who have concerns about attorney conduct may wish to review the South Carolina Rules of Professional Conduct, particularly those relating to communication, fees, and competence. For example, Rule 1.5 addresses the requirement that attorney... View More
I have been receiving phone calls threatening to take away my rights to the image and work I created. I started a trademark application for them several years ago, but it was marked as abandoned due to failure to respond; I may have missed a communication. The callers have not disclosed who they... View More
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answered on Apr 6, 2025
There has been a rise in reports of scammers targeting individuals with threats related to their intellectual property. These bad actors often try to intimidate creators by making unfounded claims, and sometimes even misuse the name of a legitimate attorney or invent a fake organization to seem... View More
I'm considering starting a brand called "Nuke Town Skate Co." that sells originally designed clothing, skateboards, and stickers. While none of our products would visually reference Activision's "Nuketown" map, I'm concerned about potential copyright or trademark... View More
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answered on Mar 14, 2025
There are multiple factors to consider. Using the name "Nuke Town Skate Co." could potentially run into trademark issues with Activision if they have "Nuketown" trademarked for merchandise like clothing, skateboards, or accessories. Even if your brand doesn’t reference the... View More
I plan to launch a clothing brand named "Built from Broken," with a product line called "Fragment: Built from Broken." However, the word "Fragment" is already trademarked in the clothing industry. Our logo and style are different from the existing brand. Can I proceed... View More
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answered on May 7, 2025
This is a fact-specific question that really depends on how the trademark “Fragment” is being used by the existing brand, how strong and well-known that mark is, and how similar your use would appear to consumers. Even though your full product name is “Fragment: Built from Broken” and your... View More
I am both a beneficiary and personal representative in a probate case in South Carolina. There are two beneficiaries named in the will, but one intends to give up their rights or gift their inheritance to the other beneficiary. Can a quitclaim deed be used at the same time as a deed of distribution... View More
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answered on May 4, 2025
In this situation, it’s strongly recommended that you work with a South Carolina probate or real estate attorney to draft the necessary documentation. Because you are both the personal representative and a beneficiary, and another beneficiary wishes to transfer or disclaim their interest, having... View More
I would like to use the name "Roronoa" as my author name on Amazon KDP for multiple works. "Roronoa" is also a character name from the popular Japanese cartoon "One Piece." While I found a related trademark for jewelry, my content is not related to "One... View More
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answered on May 4, 2025
When considering the use of a name like “Roronoa” as an author name on Amazon KDP, it’s important to be aware of both legal and platform-specific considerations. Amazon, as a private company, sets its own rules and guidelines for author names and content, and these policies can change at any... View More
I am interested in using the brand name "Nomad Bearworks" for a company I am starting, which will offer animated videos on YouTube as well as hats and shirts. I plan to launch the YouTube channel within a week and market primarily to English-speaking countries. The "Nomad" brand... View More
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answered on May 4, 2025
Trademarks serve as identifiers of the source of goods or services, helping consumers distinguish one brand from another in the marketplace. Generally, trademark protection is tied to the specific categories of goods or services with which the mark is used. This means that two businesses can... View More
I am a physician working in healthcare in a small community in Tennessee. My non-compete agreement restricts me from working in my field or any other medical field within a 20-mile radius for two years after leaving my current position. Given these restrictions, what are the chances of this... View More
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answered on May 4, 2025
In Tennessee, physician non-compete agreements are generally enforceable but are subject to specific statutory limits under Tenn. Code Ann. § 63-1-148. The law permits non-compete restrictions for physicians as long as they are reasonable in both geographic scope and duration. Typically, the... View More
I am planning to register a trademark for clothing similar to one that was marked as abandoned. I found this trademark during my search, and I would like to understand if I can use or register a similar one for my clothing products. What should I consider about its abandoned status when proceeding... View More
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answered on Apr 23, 2025
An abandoned trademark registration at the USPTO simply means the federal registration is no longer active, it does not automatically mean the trademark itself is free for use or registration. In many cases, businesses may let a registration lapse by mistake or fail to renew it, even though they... View More
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