Lawyers, Answer Questions  & Get Points Log In
Questions Answered by N'kia (NLN)
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...
View More

View More Answers

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... View 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... View 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... View 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... View More

View More Answers

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... View More

View More Answers

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... View 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... View More

View More Answers

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... View 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... View 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...
View More

View More Answers

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... View 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,... View More

View More Answers

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... View 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.... View More

View More Answers

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...
View 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... View 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.... View 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...
View 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... View 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... View More

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: I gave my dog away now I want him back, and she don't want to give him back. I didn't sign any document. Can you help?
N'kia (NLN)
N'kia (NLN)
answered on Apr 19, 2023

Giving your dog to someone else is typically considered a "gift." In North Carolina, most gifts are considered "irrevocable." (In other words, the giver can't just take back a gift once given).

An exception to this general rule is when a gift comes with...
View More

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: If a man abandons or signs over his rights to a previous daughter, will a judge grant custodial rights of our children?

He was physically active in his previous daughters life for several years then decided to sign over rights because he did not want to pay child support. WE ARE LOCATED IN NC

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

A judge will look at the totality of the circumstances and decide what's in the "best interest" of the child who is the subject of the custody litigation. In theory, terminating a parent's rights for one child could be in that child's best interest, while giving the same... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Options for tenants when apartment complex allows violations of local Town noise ordinances.

Lived in my apartment for 8 years. New neighbor consistently jumps around with enough force to rattles floors and walls, and shouts at his dog, roommate and visitors, all before 7:00am and after 9:00pm, including weekends and holidays. Reported to management 4 times, and included verbal and written... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

Since apartment units share walls, the threshold for "unreasonable" noise tends to be higher than the threshold for free-standing residential properties. Also, one tenant's violation of a noise ordinance doesn't usually give another tenant any special rights, unless the lease or... View More

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Can i shoot the neighbors dog for constantly trying to kill my two cats and get off his chain to attack us in nc?

This dog has attacked its own drug and booze laden owners. Its a threat to my daughter and all of the other kids around here. No one can outside in their own yard without it barking non stop. Ive told them to handle it or i will. My kitten got out and is now gone for good because of this dog.

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

Generally, the best option in this situation is to start by contacting the appropriate government authority, such as animal control. Trying to take matters into your own hands could potentially result in civil claims and/or criminal charges. If you have questions about your specific legal rights... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.