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answered on Dec 14, 2020
If you are going to invest any money in this, consulting an attorney would help you to make a business decision on use of the mark.
The facts stated in the question do not give enough information. "Seemingly as a book" needs to be defined. The ability to use a mark depends on... View More 
Hi! I'm in a dispute with an affiliate marketing trainer with whom I purchased a program for $3000. The program contract we signed listed about 5-6 things specifically included. I feel several of them have not been delivered, but one in particular he doesn't even dispute denying me.... View More
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answered on Dec 10, 2020
This case might be a candidate for an action in Small Claims court. There is a website for the California Superior Court in your county that will have more information.
My former client (of 16 years) pursued 5 of my 6 subcontractors until they terminated their contract with my company and went to work for my client. At first, my subcontractors were concerned that the "non compete clause" in their contract with me would prevent them from working for my... View More
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answered on Dec 10, 2020
Based on what is stated here, there might be a claim. More facts need to be examined. California "non-complete" restrictions are widely misunderstood. Under California Supreme Court decisions, there are facts under which an agreement having an obligation restricting competition can hold... View More
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answered on Dec 10, 2020
Yes. One client of mine formed an LLC using an online service. The service provided enough paperwork so that the Secretary of State would register an LLC. However, they completed ignored an operating agreement, which is needed for smooth functioning.
You do not save money by DYI in the long run.
My dad is a 83 years widower and recently met a female who became his best friend. They have developed an intimacy relationship over the past months. I recently found out that my dad lent his female friend $210,000 in the past few months without a promissory note. According to my dad, his female... View More
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answered on Nov 23, 2020
This question appears to be requesting a legal opinion. That is normally done within an attorney-client relationship. Based on the limited fact statement above there seems to be a problem. An attorney might be able advise your whether you have standing to do anything about it even if your father... View More
Can the bylaws be written so an A.I.'s choices are recognized by a corporate board or the AI's code be recognized as part of the bylaws and by default, its choices have to be recognized?
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answered on Nov 23, 2020
Attempting setting up bylaws in this manner could be problematic. It may be better to decide what your business objective is. An attorney can evaluate your needs and seek to implement your business objectives by recognized legal means. It may be unnecessary to attempt a highly unusual approach. You... View More
My situation is about a vehicle loan. I opened a $3,000 loan on my vehicle in 2018. I havent been able to pay it off. I am charged $400 every month for the interest. I want to get a better car for my family. I don't know what would happen of I let the car go and they take it. Will I be... View More
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answered on Nov 23, 2020
Interest of $400 per month on a $3,000 loan? If that is really the case it could be loan sharking. An attorney can look at the numbers and see what they mean. You might possibly be entitled to relief.
I have maybe another 2 offshoot business (all using brewing ingredients or manufacturing brew-related items) as well. I'm wondering if I need 3 separate business licenses/ llc's-like subsidiaries. The "parent" company "St. James Brewery & Distillery LLC" will now... View More
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answered on Nov 19, 2020
It is wise to consider all these factors. It appears that your objective is to get the best result for your bottom line and to minimize risks. Among the many factors to be taken into account are whether you are planning for a long term duration of the company or whether you are seeking to build the... View More
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answered on Nov 17, 2020
There is excellent tutorial material at www.uspto.gov/patents.
Spend some time studying this. It will allow you to do a much better job of presenting your invention. You will be able to ask better questions and enable the patent attorney do do a better job for you.
I own a cosmetic brand in the usa and there's a popular app that evaluates safety of cosmetic products. It rated my products badly and stated they're not safe to use because they contain certain ingredients. These ingredients are researched to be toxic in certain concentrations, which is... View More
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answered on Nov 8, 2020
Many do-it-yourself options do not work in a scenario like this. This fact statement by itself does not appear to establish whether or not a legal a legal wrong has been committed. Many legal and practical matters need to by considered.
If you are not content to incur any losses resulting... View More
Details:
- It's a Delaware C-corp.
- The coaches and clients could be anywhere in the United States. For the coaches, we can control which states to hire them.
- The coaches will coach their clients over Zoom.
If that's possible, I'd like some help to... View More
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answered on Nov 8, 2020
There are ways to draft a contract that will meet the requirements in most circumstances. My experience in handling audit issues under AB5 has shown that there are basic principles that can used to justify classifying a coach as a contractor rather than an employee. My extensive experience in... View More
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answered on Nov 6, 2020
It sounds like you want to protect the design of a sandal. Phrases don't get patented. The question is not clear, but an attorney can help you reach your objective if s/he knows what you want to do.
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answered on Nov 6, 2020
What does "based on" mean? More information is needed to evaluate the situation.
See disclaimer below.
I want to work with a contractor that is based in Russia, and I need an NDA that would legally hold the contractor accountable if there was a breach in the contract that required us the go to a US court. Are there templates of NDA's that take into consideration working with someone over seas?
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answered on Nov 6, 2020
"Is there a template?" How much time, effort, and money are you putting in to this? There are many different issues to cover. Even if you have a template, you still need an attorney to evaluate what it does not say. I can usually tell a contract that is cobbled together from templates by... View More
I’m a freelance illustrator and am in a contract with no termination date with a toddler lifestyle company. There a potential job I’m interested in illustrating children’s books for an upstart children’s superfood and edutainment brand. Would this be a violation of my non compete even if... View More
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answered on Aug 31, 2020
The generality is that non-compete agreements are not enforceable in California. That is only a generality. Situations exist where a service provider must not compete whether or not there is a non-compete agreement. Your question does not include facts that would be necessary to make a... View More
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answered on Nov 26, 2019
The general criterion for deciding if a name should be used is whether the use will cause a likelihood of confusion in the marketplace as to the source of the goods. The conflicting mark need not be the same as the new mark. A search would have to be done and an attorney would have to interpret the... View More
I have an instant messaging system on my office computers. Some users are logging out. We can’t fire them, but how can I set consequences for logging out or ignoring messages? What can I do to make the software so users can’t disconnect? Program is Synology Chat. Server is Windows.
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answered on Nov 20, 2019
There is a middle ground between firing people and letting them sabotage your system. An attorney can provide rules and procedures that can be set up and provided to employees. Rules can be enforced without firing people.
Firing employees who perform their tasks, except for the ones they... View More
I’m confused as to the patent. So anything that locks to a cross member with a combination lock in a portable bag form? Would be patent infringement?
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answered on Nov 19, 2019
It would help to know the number of the patent you are talking about.
If this is important to you, consult an attorney.
Providing detailed legal advice goes far beyond the scope of Ask a Lawyer.
My patent was stolen by another employee who contributed nothing to its conception. I did not even know him when I conceived my idea. He inserted his name onto the application without my knowledge. I have paper trails of my invention including (1) the official company announcement acknowledging... View More
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answered on Nov 18, 2019
The answer hasn't changed since the last time you asked this. You still need to know if you had an employee patent agreement. Witnesses can attest that you worked on the product. It is highly unlikely that witnesses know what the invention is. The invention is what the attorney wrote in the... View More
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answered on Nov 17, 2019
If you mean a medical practice PC, probably not. However, the question is unclear. What is it you want to do? Just mentioning "holding shares through a joint venture" does not give much of a hint about what legal solution might be appropriate.
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