I am a small business wellness consulting company providing services to non-profit and health care organizations and I would like to know what terms should be included in my contracts? Additionally, are there any pro-bono resources that can assist with this? Thank you!
answered on May 2, 2022
You can begin to understand the basic components of a contract here:
https://www.contractstandards.com/public#contracts
Choosing among clauses, authoring the right clauses, and assembling a contract that makes sense for you is the job of an attorney. It is a skill and an art, and... View More 
Do I ned to sign anything if he’s the only one applying
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answered on Feb 20, 2022
Just read the form or the instructions for it and you will have your answer.
I am reviewing the IP section of an agreement from a freelancer for a copywriting project. This first passage (above) is the only part I'm not sure about. The entire section reads as follows: "Ownership of Deliverables. Subject to Freelancer and third-party rights in Pre‐Existing... View More
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answered on Feb 20, 2022
Never sign any contract of any significance without having it reviewed first by an attorney. The cost of an hour of attorney's time could save you from the cost of an expensive lawsuit because you did not understand the contract. In addition, by not having an attorney negotiate a contract on... View More
Shopify took down my listing on my website based on a DMCA takedown notice which doesn’t have any contact information, sender’s name or signature!! Is this even considered a valid notice? They are asking me to file a counter, but my question is whom do I file counter to? I don’t even know who... View More
answered on Aug 18, 2021
They do not want to be in the position of deciding who is the rightful owner of the intellectual property
Consult with an attorney.
Shopify took down my listing on my website based on a DMCA takedown notice which doesn’t have any contact information, sender’s name or signature!! Is this even considered a valid notice? They are asking me to file a counter, but my question is whom do I file counter to? I don’t even know who... View More
answered on Aug 18, 2021
Yes they can
They do not want to be in the position of deciding who is the rightful owner of the intellectual property
famous people are being used as characters, using their real names, and they have dialogue, relationships, etc. in this book, i.e. a very famous baseball player and a very famous reporter.
answered on May 8, 2020
You need to proceed cautiously, especially if the people you write about are alive. Famous people have the Right of Publicity, meaning the right to exploit their own fame. Definitely work with an attorney before you publish your book.
I have a product which was invented by some person many years ago, but wasn't patented. So, now many people sold this product too. But one company modified one detail of the product, and because they couldn't patent this as invention, many sellers, include me, also was selling this... View More
answered on Apr 27, 2020
Very low chance to win. Not worth the fight unless you have a lot of money and makes sense to you.
I strongly suggest moving on.
Marcos E. Garciaacosta
www.legalbizglobal.com
2 companies, same NJ town, similar names (names changed for privacy).
Company #1 - XYZ Electric. They hold both Electricians & Home Improvement Contractors license under the name XYZ Electric. They don't have a registered DBA. Co #1 was in business before co #2.
Company #2... View More
answered on Feb 21, 2020
If company 2 trademark is not registered with state or USPTO then you’re likely out of luck because the marks practically need to be identical. If it is registered then it obviously bodes well for co2. With that being said, there are a lot of grey areas in the law and speaking with an attorney... View More
Hi, I have a Facebook page where I upload modified videos from a certain Youtuber. The original videos are very long, and I edit them extensively. The kind of edits I do are taking only certain interesting clips from them then adding music, sound effects, images, and texts. The result is usually a... View More
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answered on Feb 13, 2020
You can see if the original creator is willing to grant a license to use the works. Particularly since you've already been given notice.
I need to know if I have legal right to prevent anyone from using my trade name? I sold my business but never sold the trade name for the business what are my rights for my trade name?
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answered on Feb 4, 2020
Usually, in the sale of a business, the sale agreement includes the goodwill of the business and its name. Your rights in the name will depend on what the agreement says as to ownership of the name. If, in fact, you did not sell the name, then your rights are dependent on how you are currently... View More
One of the method that is teached is a Unquie method of remarketing. There is a paid program out there that teaches a simailr version of this as well, as well as information online about it. I have used some of this work as inspiration, and created a similar strategy in my own words, but the end... View More
answered on Jan 24, 2020
It seems your teaching/coaching methodology may be protected by copyright and/or patent protection. Copyright law protects original works of authorship; caveat is it need to be in a tangible form like videos or books. There is not enough information here to say yes or no. If the paid program that... View More
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answered on Nov 27, 2019
If the owner is willing to sell the Trademark, you can do so, but to insure everything is done correctly, then you must retain an experienced IP attorney.
I brought my father to living in New Jersey 3 years ago because of his declining health. My father never put the property under my name because he was always to ill to go back to PR. My father is now in a nursing home and we don't know what to do about the property. We don't want to lose... View More
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answered on Nov 10, 2019
You need to contact an attorney who is licensed there.
hit a cyclist stopped my car and checked he was ok. He was fine just complained bike was damaged. No police called I didn’t make any police report. I now received a hit and run letter from a lawyer claiming property damage. What do I do. The cyclist came out in front of me on a roundabout.
answered on Jul 25, 2019
If charged by the police get yourself a good Criminal lawyer you will be facing loss of your license and jail time. If not charged but just received a letter from a lawyer notify your insurance company and if you didn't have insurance or enough insurance hire your own lawyer to defend the case.
I realized there is a business with a similar name as me. (They had it first). If I amend my business name to add “services” at the end will this suffice? Or is there still room for a cease and desist letter to be sent to me?
answered on Apr 12, 2019
The standard for infringement is the likelihood of confusion. So, your assumption is correct. There is room.
A company was infringing on my registered trademark and I reported it to the marketplace they were using. All of their items were removed (including items not related to my TM). They have emailed and called requesting that I rescind my complaint so that they can begin selling the non-infringing... View More
answered on Jan 16, 2019
The answer probably depends on the marketplaces' merchant terms. Absent any contract between you and the infringer, the answer is probably no.
answered on Jan 5, 2019
You can go to your local police department and report the crime.
Working with a non-sponsor brand to create content that includes athlete image and stats, and then the graphic will have in association with. Was wondering if there was an issue here. What if the image of the athlete is in art form?
answered on Nov 14, 2018
Short answer: Yes, there are issues.
Longer answer: There are several issues that need to be carefully evaluated in your situation. First is the right of publicity. The second is potential copyright implications both for the photos and any stylized/artistic rendering of a person. Trademark... View More
copyright then?
answered on Nov 14, 2018
The U.S. Copyright Office addresses this issue in its bulletin, Copyright Basics. Here is a link:
https://www.copyright.gov/circs/circ01.pdf. If you are seeking guidance beyond general information, you could consult with a copyright attorney.
Tim Akpinar
If i have a LLC in NJ and its called 123abc, can someone trademark it and steal it from me? the business does work globally.
would i be able to win the trademark back? Should I be safe and get it now?
answered on Aug 10, 2018
Because your use of 123bc pre-dates any future trademark filings of the same name, the individual or company attempting to register the mark would not be able to sue you for infringement.
Further, the filing of a trademark application requires evidence of the mark’s use in commerce.... View More
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