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Questions Answered by N'kia (NLN)
1 Answer | Asked in Tax Law for North Carolina on
Q: Is it true, If an individual makes less than $600 a year that the individual does not need to sign a W9?
N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

That's not exactly accurate. Generally, whether or not someone is required to complete a Form W9 is related to how much they are paid (or supposed to be paid) by a specific source of reportable income. Unless an exception applies, someone who receives reportable income from multiple sources... Read more »

1 Answer | Asked in Contracts and Tax Law for North Carolina on
Q: Business agrees to hire a local police department for off-duty services. The business is asked to sign a contract from

the PD about the pay rate and duties required. Contact signed, &work has been completed, but now business will not pay officers until w9 is filed. This was not in the contact &the pay for each officer would be under $600.

N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

Depending on such factors as the amount of pay a contractor receives, requiring the contractor to sign a W9 may be required by tax law. The party paying the contractor doesn't necessarily need to spell this out in the contract or disclose it ahead of time, because it isn't a term that the... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My Landlord is selling the house I rent, is he allowed to let people just walk through the house without 24hr notice?

They have a key to get in the house on the sign but don’t give us a 24hr notice and enter our home without our approval. Is that allowed? And can they evict us with a lease?

N'kia (NLN)
N'kia (NLN)
answered on Jun 1, 2023

If a residential lease agreement says the landlord must provide at least 24 hours' notice, then the landlord must abide by this requirement. If the agreement doesn't say how much notice is required, the parties should expressly agree to a reasonable time frame. 24 hours is considered... Read more »

2 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Being evicted NOT due to non-payment or illegal activity

Been renting for 6 years on an agreement, no lease. Landlord now say he needs the house, no other reason, and giving us 30 days.What rights do I have?

N'kia (NLN)
N'kia (NLN)
answered on Jun 1, 2023

In North Carolina, without a written lease agreement saying otherwise, residential tenancy is month-to-month. That means that either party can terminate by providing notice of 30 days or more. The terminating party isn't required to give a reason, as it is merely a termination, not an... Read more »

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I need to know the status of the trademark for the triple goddess image. Triple moon image it seems as it is inactive

If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it

N'kia (NLN)
N'kia (NLN)
answered on May 24, 2023

For federal trademark registration status, you could search the records of the US Patent and Trademark Office (USPTO). The database is known as "TESS." For state trademark registration status, you would need to search the records for each state.

However, keep in mind that the US...
Read more »

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1 Answer | Asked in Employment Law and Civil Rights for North Carolina on
Q: Can the company that I am working with now prevent me from leaving the company by asking other companies no to hire me?

I have been treated differently in my company, no promotion, and no pay rise during 10 years of working. I decided to leave the company. I found the job the fitted me very well. I was notified by the hiring companies that despite my qualification for the job they cannot hire me because they have an... Read more »

N'kia (NLN)
N'kia (NLN)
answered on May 23, 2023

An agreement between two companies prohibiting one from hiring the other's employees is not strictly forbidden in North Carolina, although it must be written to comply with some fairly specific rules. Depending on how it is written and what purpose it is intended to serve, such an agreement... Read more »

1 Answer | Asked in Copyright, Personal Injury, Identity Theft and Intellectual Property on
Q: How to correctly compose a letter under Article 17 U.S. Code § 512?

I want to file a complaint about the removal of content that was not public and is used without permission.

N'kia (NLN)
N'kia (NLN)
answered on May 20, 2023

A DMCA Takedown Notice must be tailored to each specific situation. So, an attorney would need to review the evidence to be able to compose one or help someone else compose one. Also, keep in mind that a response other than or in addition to standard DMCA Takedown Notice language might be... Read more »

2 Answers | Asked in Trademark and Intellectual Property on
Q: am i aloud to use the Lorax trademarked name if its not for a childrens media and instead for an adult media?
N'kia (NLN)
N'kia (NLN)
answered on May 18, 2023

Any time that you're considering using a trademark BECAUSE it's already famous, that's usually a clue that you could be headed down the road toward infringement. You can always ask permission to use someone else's trademark. But if the owner is a big company, there's... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: If "I Am Unique!" is trademarked, can I use "i am UNIQUE"?

I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.

Would this be permissible, or enfringe on the trademark?

N'kia (NLN)
N'kia (NLN)
answered on May 17, 2023

It would depend in part on what each seller is selling. The purpose of a trademark is to help consumers distinguish between sellers, so that consumers know the specific "source" of the products/services they're buying. Using a phrase that someone else is already using to sell... Read more »

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2 Answers | Asked in Intellectual Property and Trademark on
Q: Hello,My wife runs a etsy shop and one of her items she designed was deactivated for infringement.

We would like to understand the nature of the infringement. These are the details.

Lightcage LLC Intellectual Property

US Word Trademark "Bullet Journal" No.5573248 in class 16 trademark

Trademark registration number: 5573248

Trademark jurisdiction: US... Read more »

N'kia (NLN)
N'kia (NLN)
answered on May 16, 2023

An attorney couldn't tell you exactly what's going on without reviewing the notice and your wife's listing. However, if the listing included the phrase "bullet journal" for anything like THE bullet journal, the trademark owner of that phrase would be well within their... Read more »

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1 Answer | Asked in Employment Law for Mississippi on
Q: IF FSLA guidelines for classifying Independent Contractors was in question from January 2021 until about October 13 2022

when a final ruling was made October 2022 for the Economic reality test.

How can they determine and force me to classify Independent contractors as employees for period Jan 2021 through Jan 2023?

N'kia (NLN)
N'kia (NLN)
answered on May 16, 2023

The economic reality test has been in place for years, although there have been several changes/attempted changes and clarifications/attempted clarifications in recent years. Also, in any given situation, there are numerous independent contractor rules that could apply. While there are the DOL rule... Read more »

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: My daughter is a paid hair model. Amazon and Temu sellers use her photos frequently. She has filed reports. Can she sue?

Some merchants are actually changing the hair in her pics or editing her face. It’s been stressful and humiliating and she’s lost hundreds of thousands in potential revenue.

N'kia (NLN)
N'kia (NLN)
answered on May 9, 2023

Whether your daughter might be able to win a lawsuit depends in part on who owns the copyrights to the images. Since she was modeling for someone else, it is likely that they own the copyrights. Therefore, they would have the right to allow others to use the images. She should start by speaking... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Michigan on
Q: I authored an article with multiple other authors, the book is copyrighted. Can I publish my own article?
N'kia (NLN)
N'kia (NLN)
answered on May 5, 2023

Although the author will always be the author of their own work, whether the author is also the copyright owner often depends on the terms of the publishing agreement.

Review your agreement, paying close attention to terms like "copyright"/"intellectual property" and...
Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: This girl has been stalking and harassing me for almost 3 years , She even made a fake dating profile using my images

What’s the best route to go

N'kia (NLN)
N'kia (NLN)
answered on May 4, 2023

If you believe someone has committed a criminal offense against you, you could file a police report. (The police will then decide whether to bring charges and, if so, which ones.) If you believe someone has committed a civil offense against you, you could file a lawsuit. (You can usually file... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New Jersey on
Q: Are the bluey images and text copyrighted?

I make cups with bluey images on them. Are bluey images copyrighted?

N'kia (NLN)
N'kia (NLN)
answered on May 2, 2023

Generally, copyright belongs to the creator or author from the moment they create or author something, whether they register it or not, and you can only use something for commercial purposes if you created it, bought it, or "licensed" it. (There are some exceptions to the general rules,... Read more »

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2 Answers | Asked in Trademark and Intellectual Property for California on
Q: Could I trademark a name that is not trademarked but that person has added their name to the same phrase?

I was wondering about a very confusing situation for me. Say my DBA name is colorful tees(not real name) but the name is not trademarked. After searching Google, I found someone else is using it but it's named "Colorful Tees by Diane" I registered the website three years before this... Read more »

N'kia (NLN)
N'kia (NLN)
answered on May 2, 2023

A trademark is something that distinguishes the "source" of particular goods and services from other sellers. Generally, when a term used to market products or services merely describes those products or services, it fails to function as a trademark because it lacks distinctiveness.... Read more »

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1 Answer | Asked in Contracts for North Carolina on
Q: Have a OneMain title Loan, looking for surrender car but willing to still pay difference after car value on Loan

All I want is the difference taken off with the value of my car and finish paying the difference on my Loan

N'kia (NLN)
N'kia (NLN)
answered on Apr 26, 2023

A few things to consider:

The amount owed after surrender a car to the lender may be the difference between the loan and the SALE PRICE (not the "value").

Surrender may be considered a voluntary "repossession," and it will likely show on a credit report as such...
Read more »

1 Answer | Asked in Employment Law and Libel & Slander for North Carolina on
Q: Do I have recourse if a former employer implies I was fired for cause when, in fact, I resigned with no issues?

I recently went through a background check as part of an application process for a job. Although the check indicated I was eligible for rehire by a former employer, I noticed that they listed my reason for leaving as “Against Company Policy.” I gave them four weeks notice as required in the... Read more »

N'kia (NLN)
N'kia (NLN)
answered on Apr 26, 2023

I am sorry to hear that you're experiencing this, especially after working so hard to maintain a good record with your former employer. There seems to be a lot of confusion about what constitutes a policy violation and the proper way to handle it, especially for an employee who is leaving.... Read more »

1 Answer | Asked in Libel & Slander for North Carolina on
Q: In the state of North Carolina can you get sued for a snap chat argument after you delete messages and blocked them
N'kia (NLN)
N'kia (NLN)
answered on Apr 25, 2023

Defamation (libel and slander) requires making a false statement about one person to someone other than that person. A conversation between just two people doesn't typically constitute defamation, but it could constitute something else unlawful (like harassment).

Deleting a statement...
Read more »

1 Answer | Asked in Civil Litigation on
Q: Can I sue someone for selling me a car with unfixable damage if the problems aren’t listed in the description?

I purchased a car under two months ago and it was sold to me with an unfixable problem that was not listed in the sale, the car was advertised as “reliable” but when I took it to a mechanic a month after the purchase they told me the engine was beyond repair and there was no point in keeping... Read more »

N'kia (NLN)
N'kia (NLN)
answered on Apr 20, 2023

Generally, buying a used vehicle means buying it as-is and at your own risk. It also means that a buyer's failure to get an inspection before buying can be a huge problem in a lawsuit. On the other hand, depending on the applicable law, a buyer might be able to win a lawsuit against a seller... Read more »

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