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Questions Answered by N'kia (NLN)
1 Answer | Asked in Trademark on
Q: Hi there, If there is a trademark called Running Shoe and I want to set up a business called Walking Shoe is this OK?
N'kia (NLN)
N'kia (NLN)
answered on May 9, 2023

You'd be better off using something that wouldn't invite an established company to sue you. But if you are dead set on using this name, you should consider having a knowledgeable trademark attorney conduct a comprehensive evaluation to help you assess your potential risk.

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

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I had my house before mirage what do I need to do to add my husband to my deed?
N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

The best option for you could depend on several factors. For example: Do you still have a mortgage? Will the lender allow a title change? Under what circumstances? What are the lender's special requirements? You might want to speak with a knowledgeable attorney who can advise you of your... View More

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: Hello, My apartment manager is stating she is going to evict me even though I have the money for last month rent.

I was late for april rent and tried to pay april rent yesterday. She told me she cannot accept it unless i pay april and may. Then she stated that this policy is in the lease. When I asked her to show me the lease she would not and only said that it is in there. Can she legally do this even if the... View More

N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

Under certain circumstances, a landlord is allowed to refuse past due rent payment, even when the lease doesn't reserve the right to do so. You should consult with a knowledgeable attorney about your rights and options.

1 Answer | Asked in Employment Law for North Carolina on
Q: Can I be forced to pay back EARNED (not overage) wages and salary for terminating my employment?

I was hired and signed an employment contract and it is saying that I must pay back all earned wages for hours I worked during what they refer to as training cycles. I am an employee who has resigned due to poor leadership and poor training, but the employer is telling me I now owe them 27,000$ for... View More

N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

In theory, an employee may be required to pay back an employer. But if a contract clause is unreasonable or violates a specific law, it might not be enforceable. An attorney would need to review the contract to be able to thoroughly evaluate the situation. Since you've already reported to the... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: I have multiple health problems. Blood sugar was 455 I dozed off during a meeting and was terminated the next day. I was

On the way to the doctor and was made to come in and was terminated.

N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

It is unclear what your question is. You might consider reposting with a specific question. Good luck!

1 Answer | Asked in Employment Law for North Carolina on
Q: Can an employer force me to stay home and then penalize me for missing work?

Doctor recommended light duty. Employer refused and sent me home. Employer plans to write me up for missing work

N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

Generally speaking, no, an employer can't require an employee to do something and then penalize them for doing it. However, without knowing specific facts, it would be pretty difficult for an attorney to properly assess your situation. You might consider consulting with an attorney who collect... 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...
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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... View More

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Can the attorney handling your traffic citation able to get it reduced prior to the court date which is 3 mos away?
N'kia (NLN)
N'kia (NLN)
answered on May 3, 2023

An attorney might be able to get an early disposition, but it all depends in part on the county.

You might consider one or more of the following:

1. Check out that county's website.

2. Contact the clerk of court in that county.

3. Consult with an attorney who...
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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

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1 Answer | Asked in Contracts, Copyright, Civil Litigation and Communications Law for Vermont on
Q: Can I use the song “ Who let the dogs out” for my pet supplies website?
N'kia (NLN)
N'kia (NLN)
answered on May 2, 2023

If you'd like to use someone else's song, you should request permission and pay the required fee. Otherwise, using a song for commercial purposes without permission can constitute infringement, which usually costs the infringer exponentially more than the fee. If needed, you should... View More

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

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1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: What does G.S. 7B 906 mean?
N'kia (NLN)
N'kia (NLN)
answered on Apr 27, 2023

This could refer to North Carolina General Statute, Chapter 7B, subpart 906. If you plan to represent yourself in a legal matter, you might consider at least consulting with an attorney who can help point you in the right direction.

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...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: We are looking for help on applying for a patent. We have developed a new alarm system, software, and app.
N'kia (NLN)
N'kia (NLN)
answered on Apr 26, 2023

You should consult with a patent attorney. (This is just an anonymous Q&A forum. So, the attorneys who are answering questions can't contact the individuals who are submitting questions.) You could search for an attorney in the directory here on Justia, by conducting a regular online... View More

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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 Employment Law for North Carolina on
Q: We are salaried houseparents, we work a 7 days on/ 7 off schedule. Are we entitled to 1.5x pay when we work all 14 days

We are on duty for 24 hours per day for 7 days followed by 7 days off when an alternate couple relieves us and works the same schedule. When we work in lieu of the opposing couple (such as when they are on vacation or sick) we end up working all 14 days of a pay period. Is our employer legally... View More

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

There are general rules and then there are exceptions. The category that you fit into depends on various factors, such as whether you live in the home, what you mean by "on duty," etc. It would be pretty difficult for an attorney to evaluate your rights without additional information. You... 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...
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1 Answer | Asked in Contracts and Small Claims for North Carolina on
Q: Our ceremony was cancelled because of covid and we couldn't reschedule. The venue is refusing to return the $800 deposit

There was no contract. We paid the $800 in two parts and I kept both receipts. The venue owner has been very rude, and I'm wondering if small claims court is worth it.

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

Whether or not you can win in small claims court (or any other court) would depend in part on the terms of the contract itself. You may want to start by consulting with an attorney who can review the contract and advise you on your specific rights.

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