Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Paul Overhauser
2 Answers | Asked in Intellectual Property for Indiana on
Q: Can I copyright my website?
Paul Overhauser
Paul Overhauser
answered on Dec 11, 2010

Assuming you created the website yourself, yes, you can copyright a website by using Copyright application form TX or by filing on-line. However, most business websites are created by website development companies. Unless they assign the copyrights in the website to you, they own it not you.... View More

View More Answers

3 Answers | Asked in Copyright for Indiana on
Q: Can I get a star named after me and claim copyright to it?
Paul Overhauser
Paul Overhauser
answered on Dec 11, 2010

No. There is a lot of misunderstanding about this. Names are not protected by copyright. Publishers of publications such as a star registry may register a claim to copyright in the text of the volume [or book] containing the names the registry has assigned to stars, and perhaps the compilation of... View More

View More Answers

1 Answer | Asked in Constitutional Law for Indiana on
Q: What are the best resources/cases to support an anti-state-nullification thesis?
Paul Overhauser
Paul Overhauser
answered on Dec 10, 2010

The best resource I know of is here:

http://www.tenthamendmentcenter.com/2010/01/18/resistdc-the-federal-tax-...

Paul Overhauser

www.overhauser.com

317 891-1500

2 Answers | Asked in Estate Planning for Indiana on
Q: What is the best online site for a simple will
Paul Overhauser
Paul Overhauser
answered on Dec 10, 2010

While legalzoom.com is probably the most popular, you should be careful about using this or similar sites. A good review of online will systems is here: http://bucks.blogs.nytimes.com/2010/09/10/drafting-your-own-will-online/

Paul Overhauser

www.overhauser.com

317-891-1500

View More Answers

1 Answer | Asked in Copyright for New York on
Q: : Am I liable 3rd party if paid web designer use copyrighted pictures and did not tell me. I thought I purchased a packa

Package was turnkey. Designer is corporation in FL. Corp is now out of business.

Paul Overhauser
Paul Overhauser
answered on Dec 10, 2010

You could be liable, as there is no "intent" requirement to be liable for copyright infringement. However, your exposure could be reduced if you are determined to have been an "innocent infringer."

Paul Overhauser

www.overhauser.com

317 891-1500

1 Answer | Asked in Uncategorized for Arkansas on
Q: What is jurisprudence?
Paul Overhauser
Paul Overhauser
answered on Dec 9, 2010

Jurisprudence is the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"

Paul Overhauser

www.overhauser.com

317-891-1500

1 Answer | Asked in Uncategorized for California on
Q: Can you please tell me what were the holdings regarding the case on carroll vs US ?
Paul Overhauser
Paul Overhauser
answered on Dec 9, 2010

In this case, the Court noted that Congress early obviated the need for a warrant in border search situations, and Congress always recognized a necessary difference between searches of buildings and vehicles for contraband goods, where it is not practical to secure a warrant, because the vehicle... View More

1 Answer | Asked in Uncategorized for Wisconsin on
Q: What is the penality for violating Chapter 187.10 statue?
Paul Overhauser
Paul Overhauser
answered on Dec 9, 2010

This code does not have a penalty, as it relates to the establishment of Congregational churches.

Paul Overhauser

317 891-1500

187.10

187.10 Congregational church.

187.10(1)

(1) Incorporation. The adult members, not less than three in number, of any...
View More

1 Answer | Asked in Uncategorized for Florida on
Q: Where can i find the case of lewisn vs. u.s. 1980?
Paul Overhauser
Paul Overhauser
answered on Dec 9, 2010

You can find this case here: http://supreme.justia.com/us/445/55/

Paul Overhauser

www.overhauser.com

1 Answer | Asked in Uncategorized for Illinois on
Q: What are torts?
Paul Overhauser
Paul Overhauser
answered on Dec 9, 2010

A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from criminal wrongdoing, which involves a breach of a duty owed to society. Though many acts are both torts and crimes, only the state may prosecute a crime, whereas... View More

1 Answer | Asked in Uncategorized for Georgia on
Q: How do you become a lawyer?
Paul Overhauser
Paul Overhauser
answered on Dec 9, 2010

In the United States, you must pass a bar exam to become a lawyer. Usually, to take a bar exam, you must graduate from an accredited law school. To get into law school, you usually must have a bachelors degree.

Paul Overhauser

www.overhauser.com

3 Answers | Asked in Uncategorized for Michigan on
Q: How hard is the bar exam?

If you have additional details about your question fill them here

Paul Overhauser
Paul Overhauser
answered on Dec 9, 2010

For the Michigan Bar exam offered in July 2010, the pass rate was 83.9%

Paul Overhauser

www.overhauser.com

317 891-1500

View More Answers

1 Answer | Asked in Health Care Law for Virginia on
Q: Were can i find information on va medical weed laws
Paul Overhauser
Paul Overhauser
answered on Dec 9, 2010

Virginia does not allow the medicinal use of marijuana. You can find more information here: http://www.mpp.org/states/virginia/

Paul Overhauser

www.overhauser.com

317-891-1500

1 Answer | Asked in Health Care Law for Indiana on
Q: Definition of Indiana mental illness
Paul Overhauser
Paul Overhauser
answered on Dec 9, 2010

For purposes of health insurance, Indiana is one of three states in which a "mental illness" is defined by the insurance policy, not by state law. Thus, the defintion depends on the particular policy. FYI the other two states that take a similar apprach are Minnesota and New... View More

1 Answer | Asked in Intellectual Property for Maryland on
Q: Can district court prosecute you for a counterfeit trademark offense.
Paul Overhauser
Paul Overhauser
answered on Dec 9, 2010

Yes, a Federal Attonrey can prosecute you for a counterfiet trademark offense. per 9 USC 1715:

In order to show that a trademark used by the defendant was a "counterfeit mark" the government must prove the following:

The mark is spurious. 18 U.S.C. § 2320(d)(1)(a). A mark...
View More

1 Answer | Asked in Intellectual Property for Maryland on
Q: When is the Netlist vs Goog going to be re-visited?

If you have additional details about your question fill them here

Paul Overhauser
Paul Overhauser
answered on Dec 8, 2010

There is no new information about the status of this litigation at the present time.

1 Answer | Asked in Intellectual Property for Michigan on
Q: I got a state trademark registration in Michigan, but now a similar business is using the same name for a store across

The border in Indiana. Do I have any rights?

Paul Overhauser
Paul Overhauser
answered on Dec 2, 2010

If there is actual or likely confusion caused by the similar name, you probably have rights that can be enforced. Both state law and the Federal Lanham Act allow claims for infringement of trademarks, even if there is no state or federal trademark registration. You should consult a trademark... View More

2 Answers | Asked in Copyright for Indiana on
Q: How long does it take to get a copyright registration?
Paul Overhauser
Paul Overhauser
answered on Dec 2, 2010

A registration is effective as of the date the application is received by the Copyright Office. However, the registration certificate takes a while to receive. If you pay for "special handling," a registration ususally takes about a week. If you file an application electronically, it... View More

View More Answers

1 Answer | Asked in Intellectual Property for Wisconsin on
Q: Third World Media settlements?

Does anyone have information about settlement status with Third World Media LLC plaintiff for copyright violation issues?

Paul Overhauser
Paul Overhauser
answered on Dec 2, 2010

Third World has filed 5 cases. The first two are concluded, and the last three are still pending:

1 Third World Media, LLC (cd) cacdce 2:2009-cv-01603 820 03/06/2009 10/28/2009

2 Third World Media, LLC (pla) cacdce 2:2009-cv-01603 820 03/06/2009 10/28/2009

3 Third World Media,...
View More

2 Answers | Asked in Intellectual Property for Illinois on
Q: I invented and had a prototype working for 2 years i called a company and they stole my invention

Do i have any rights to my invention

Paul Overhauser
Paul Overhauser
answered on Dec 2, 2010

It depends on several factors, such as whether you filed for a patent, whether it may still be possible for you to do so, and whether the company you called agreed to keep the invention confidential. There may also be other relevant facts. You should contact an intellectual property attorney to... View More

View More Answers

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.