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2 Answers | Asked in Trademark, Business Law and Intellectual Property for New York on
Q: Can I trademark "Rivedil USA" with an existing distribution license?

I have a mass distribution license with an Italian company that owns the trademark "Rivedil" for paints. I want to know if I can trademark "Rivedil USA" while selling their products. Is this permissible, considering the original trademark is overseas and I have a distribution agreement?

Samuil Buschkin
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answered on Apr 24, 2025

You likely can’t trademark “Rivedil USA” without the Italian owner’s consent, as it uses their trademark. Check your distribution agreement—using or registering the mark without permission may infringe their rights.

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0 Answers | Asked in Business Law, Consumer Law, Personal Injury and Insurance Defense for New York on
Q: Car towed to Firestone, given to another company, want to report as stolen, sue Firestone, getting runaround.

I had my car towed to Firestone for repairs, and they were supposed to tow it back to my house. However, they handed it over to another towing company without my consent. Initially, both Firestone and the towing company claimed not to know the whereabouts of my car. Later, the towing company... View More

0 Answers | Asked in Tax Law, Business Formation and Business Law for New York on
Q: As a spouse, am I entitled to IRS case information and account details?

I am trying to find out as a spouse if I am entitled to a copy of the transcripts and subpoena related to my husband's IRS case. He was involved in a legal action with the IRS, served in November 2022, and I believe it settled in January 2024. We file married but separate tax forms, and I... View More

0 Answers | Asked in Estate Planning, Civil Litigation and Business Law for New York on
Q: Is a will valid if it changes company roles and shares?

In a movie scenario, a mother leaves a will that maintains her children's shares in a family-owned cosmetics company but transfers her remaining shares and the CEO title to her daughter-in-law. This will also allows the daughter-in-law to select the new head of marketing, a role previously... View More

1 Answer | Asked in Business Formation, Business Law, Trademark and Intellectual Property for New York on
Q: Business name dispute in New York State

I registered a business named "Extreme Tire & Auto" in New York State, and another company in the same city registered "Xtreme Tire" in the same year. We offer similar services. The other business has formally threatened legal action, claiming I must change my business name.... View More

James L. Arrasmith
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answered on Apr 24, 2025

The question of whether another business can force you to change your name depends on several factors including trademark registration status, likelihood of confusion, and priority of use. Since both businesses were registered in the same year, the exact date of first use in commerce could be... View More

1 Answer | Asked in Business Formation, Business Law and International Law for New York on
Q: Can I register my digital magazine as an LLC in New York as a non-resident?

I am residing in Pakistan and am interested in starting a digital magazine online. I would like to register it as a Limited Liability Company (LLC) in New York State in the United States. Although I currently reside in Pakistan, I may shift my business office to the US in the future. Is it possible... View More

James L. Arrasmith
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answered on Apr 15, 2025

Yes, you can register an LLC in New York as a non-resident. New York, like many other states, allows foreign individuals (those who are not residents of the U.S.) to form an LLC. The process will involve filing the necessary paperwork with the New York Department of State and paying the required... View More

2 Answers | Asked in Business Formation and Business Law for New York on
Q: Do all my blogs need separate DBAs, or can one encompass all?

I started a blog and obtained a DBA as I plan to earn money through the blog. I now have three additional blogs; two are similar to the first, and I am creating an umbrella to incorporate these blogs under one primary site. One of the subsidiary blogs has its own DBA. I am uncertain whether each... View More

Samuil Buschkin
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answered on Apr 3, 2025

You should speak with an attorney to clarify and highlight all the details, but in general, you do not need a separate DBA for each blog unless you plan to operate each publicly under a different name. Since you are creating an umbrella site, you can use one DBA that reflects the overall brand and... View More

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1 Answer | Asked in Contracts and Business Law for New York on
Q: Clarification on using net profits for payment in contract with SW Alliance.

I've entered a contract with SW Alliance where I'm supposed to use 30% of net profits to pre-order related subscription services for the AI DataMind application and pay SW Alliance's team service fees. SW Alliance is telling me to use external funds, meaning I need to deposit... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s an incredibly stressful situation, and it makes sense that you’re looking for clear answers fast. If your contract with SW Alliance specifically states that payment is to come from 30% of *net profits*, then you are not obligated to pay from personal or external funds unless there is... View More

2 Answers | Asked in Business Formation, Business Law and Contracts for New York on
Q: Independent contractor taking belongings from shop without legal issues

I am an independent contractor planning to leave the shop where I currently work to start my own business. There is no contract in place with the shop, and there have been no disputes regarding the ownership of my items. I have clearly stated receipts for all items I own. Do I need any additional... View More

Samuil Buschkin
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answered on Mar 31, 2025

As an independent contractor planning to leave your current shop, you can generally take any belongings you’ve purchased and have receipts for without legal issues. To avoid misunderstandings, it’s a good idea to create a list of your items with proof of purchase and photos. Notify the shop... View More

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3 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for New York on
Q: Can I use "Bloom Beauty Bar" internationally without legal issues?

I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More

Alan Harrison
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answered on Mar 28, 2025

Someone would need to search for the proposed name internationally in order to guess at an answer to this question. If it turns out that no one else already is using the name, then you could file a trademark application in Ghana and follow up with "Madrid" applications in other countries... View More

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2 Answers | Asked in Business Formation, Business Law and Tax Law for New York on
Q: Launching a taxi-hailing platform in New York: legal considerations for capital income exchange and cash split.

I am a developer planning to launch a taxi-hailing platform in New York, partnering with driver cooperatives. What should I consider legally regarding capital income exchange and structuring the cash split with the cooperatives?

Samuil Buschkin
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answered on Mar 27, 2025

This is a great question with a lot of moving parts. Structuring a platform like this—especially in New York—raises regulatory, tax, and contractual considerations. You’ll want to think through how revenue flows between you and the cooperatives, how profits and risks are shared, and whether... View More

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1 Answer | Asked in Antitrust, Civil Litigation, Securities Law and Business Law for New York on
Q: Concern over BlackRock's Bitcoin ETF and KYC compliance in NY

I own shares in BlackRock and have been concerned since January 2025 about potential KYC compliance negligence and fraud. I believe BlackRock violated KYC compliance regulations by engaging with Bitcoin, which lacks a website, staff, address, email, and contacts. Despite this, BlackRock has been... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s understandable that you’re concerned about potential KYC compliance issues with BlackRock’s Bitcoin ETF. However, it’s important to note that Bitcoin itself is a decentralized asset without a central entity, which complicates traditional KYC procedures. That said, financial... View More

1 Answer | Asked in Antitrust, Civil Litigation, Securities Law and Business Law for New York on
Q: Can I sue BlackRock for KYC negligence and fraud related to Bitcoin?

I own shares in BlackRock and am concerned about potential KYC compliance negligence and fraud. I believe BlackRock violated KYC compliance regulations by engaging with Bitcoin, which lacks a website, staff, address, email, and contacts. This raises questions about Bitcoin's legitimacy.... View More

James L. Arrasmith
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answered on Apr 13, 2025

Suing BlackRock for KYC negligence and fraud related to Bitcoin would be a complex process. KYC (Know Your Customer) regulations are typically designed to prevent financial crimes such as money laundering, but whether BlackRock violated these regulations by offering a Bitcoin ETF depends on the... View More

1 Answer | Asked in Business Law, Car Accidents and Consumer Law for New York on
Q: Legal options for co-signer after brother's car accident and loan issues in NY?

I co-signed my brother's car loan in New York, and he recently got into an accident. The car was parked on a lot for 10 months, accruing a $10,000 parking fee. Even after contacting the impound department, I received no communication regarding options to deal with the situation or purchase the... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're in a difficult situation, as co-signing on a loan means you're legally responsible for the debt if your brother doesn't pay. However, the lender's lack of communication regarding the impounded car and your brother's situation is concerning. You should... View More

1 Answer | Asked in Business Law and Tax Law for New York on
Q: Is a board of directors necessary for a 501(c)(3) agency?

If an operating agency has a 501(c)(3) tax-exempt status, is it necessary to establish and maintain a board of directors, or can it continue operating without one?

James L. Arrasmith
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answered on Apr 12, 2025

Yes, if your agency has 501(c)(3) tax-exempt status in New York, it is required to have a board of directors. Both federal IRS rules and New York state nonprofit law mandate that tax-exempt nonprofit organizations be governed by a board. The board is responsible for overseeing the organization’s... View More

2 Answers | Asked in Patents (Intellectual Property) and Business Law for New York on
Q: I want to know if Patent 11,192,678 products are on the market and where to buy them.

I am interested in finding out whether products associated with Patent 11,192,678 for ZIPLOCK FASTENER CLOSURE FOR GABLE TOP CARTONS are currently being manufactured and sold commercially. Specifically, I'm looking for stores and locations where these products might be available. Can you... View More

Sean Goodwin
Sean Goodwin
answered on Mar 10, 2025

Your best bet is to contact the current owner to see if it is commercializing the patent and where.

The current owner of this patent is AB Merculor, located at Hillersvagen 3, Hagersten 129 35 in Sweden.

If you have trouble contacting them, their U.S. law firm is Birch Stewart...
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1 Answer | Asked in Business Law for New York on
Q: Who sells ZIPLOCK FASTENER CLOSURE GABLE TOP CARTONS in the U.S.?

I am interested in purchasing ZIPLOCK FASTENER CLOSURE FOR GABLE TOP CARTONS in the U.S. Could you provide information on which companies or manufacturers, including Tetra Pak, sell these products in the U.S.?

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2025

This looks like something that commercial supply companies would know better than attorneys. If they aren't carried by your local paper/office supply stores, the next place to look could be larger institutional vendors, such as Uline. Good luck

1 Answer | Asked in Business Law, Contracts and Business Formation for New York on
Q: Business partner kicked me out; no formal agreement, only bank proof. What are my legal options?

I was kicked out by my business partner, and we do not have a formal partnership agreement. However, I do have my business bank agreement as proof of my involvement. What legal options do I have to address this situation and potentially reclaim my position or investment in the business?

Samuil Buschkin
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answered on Mar 6, 2025

You may have legal options, but without a formal partnership agreement, your case isn’t clear-cut. Your business bank agreement can serve as evidence of involvement, but more proof—such as financial contributions, communications, or profit-sharing—would strengthen your position.

If...
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2 Answers | Asked in Business Law, Contracts, Mergers & Acquisitions and Employment Law for New York on
Q: Am I violating my separation agreement by giving a statement to Company A's legal team regarding events at Company B?

I worked at Company A, which was acquired by Company B. Post-acquisition, Company B terminated my employment. My separation agreement with Company B states I cannot make damaging or false remarks about the company or related parties, though I can respond to legal inquiries. Company A's former... View More

Samuil Buschkin
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answered on Mar 4, 2025

I would certainly speak with an employment lawyer, if you cannot avoid rendering the statement. If in fact, you are under a contractual obligation to not divorce, confidential information and you end up doing so then you might be in violation of such obligations and subject to whatever penalties... View More

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1 Answer | Asked in Tax Law and Business Law for New York on
Q: Will reporting cash income with 1099-K cause audit?

I own a business and need to report my income on a 1099-K. My total income includes $7,000 from the 1099-K and an additional $3,000 in cash earnings not on the 1099-K. If I report both amounts together on my tax return, will my return get flagged due to the discrepancy between my total income and... View More

Samuil Buschkin
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answered on Mar 4, 2025

This should not be considered legal advice and you should definitely consult an attorney who understands these issues but your tax return is unlikely to be flagged just because your total income exceeds the 1099-K amount. The IRS expects all income to be reported, including cash earnings. The lack... View More

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