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Oregon Business Formation Questions & Answers
1 Answer | Asked in Business Formation for Oregon on
Q: Can I use the word Mockingjay in a business name?

For example, I would like to name a non-profit I am creating, Mockingjay Medical

Michael Ray Smith
Michael Ray Smith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2022

Given the connection of that name with the Hunger Games series, I'd be extremely cautious. Are you sure it's even a good business idea? In any event, you should consult with an intellectual property lawyer before using it in a business name.

3 Answers | Asked in Copyright, Business Formation and Insurance Defense for Oregon on
Q: Can I use a like image of PennyWise on my Tattoo Shops logo?

My company's name is INK Therapy, or "IT"

AND the slogan is,"Sit down and deal with IT"

I'm trying to find out if I can use PennyWise's image???

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 10, 2021

Basically no, as you would presumably infringe on someone's copyright and also likely a trademark.

I try to make it simple: If you are trying to make money off of someone else's work, there is likely a problem.

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1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Oregon on
Q: If a business corporation is sued in one state and loses the case, can they attach all bank accounts,personal and bus.

Most companies have a couple different licenses under the same business(dba/LLC). If there are bank accounts in other states owned by the corporate officers and also in the same name of the business being sued can the out of state account be attached also.

Now the business in the other... View More

Timothy Denison
Timothy Denison
answered on Feb 15, 2021

Yes. Once a judgment is granted against a corporation, it may be enforce against the corporation snd assets located anywhere within the United States.

1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for Oregon on
Q: I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started

I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started a new joint bank account together at banner bank. What I did not know was he was friends with the assistant manager of the bank. So the next day she cancelled our joint banking account... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 8, 2020

If you opened a personal joint bank account, it is usually opened "A or B",not "A and B", which makes a huge difference. If the account was opened as "A or B" or "A,B", the meaning is the same. The Terms and Conditions agreement you would have been given by... View More

1 Answer | Asked in Business Formation, Civil Litigation, Communications Law and Landlord - Tenant for Oregon on
Q: Does 1 have to be late w/rent directly due to Coronavirus to be exempt from eviction for the next 6 mos in Mult. Co?

The moratorium said those who dont have the virus but are late will not be at risk of eviction but I've just paid my rent 8 hours late and my landlord is still attempting to follow thru on the 72hr notice. It also seems to me this prop mgmt company is predatory. I fell down the steep crooked... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 19, 2020

A landlord does not have to accept rent paid after a 72 hr deadline and normally can proceed to evict if they wish. Currently however no court in Oregon is processing or enforcing residential landlord-tenant cases so the landlord can do little at the moment to enforce rent payments. If they DO... View More

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Employment Law for Oregon on
Q: My employer has been breaking multiple employment laws , he removed his hard drive when he switched payroll co. Strange?

I didn't receive any online paystubs for my direct deposit the entire time my employer used this online payroll company . He switched companies and got a new computer , him and his friend that switched out computers , put up a bunch of security cameras all over the resteraunt. I find this... View More

Jeff Merrick
Jeff Merrick
answered on Aug 22, 2019


This sounds very bad.

I might be willing to help, but first I need to know who is the employer and owner of the business. Also, where you worked and when this all happened.

Jeff Merrick


1 Answer | Asked in Business Formation for Oregon on
Q: Hello, my wife and I operate a small market garden under a simple DBA in Oregon.

We would like to know if it would be advantageous to create a LLC that would make us employees with regular paychecks instead of using profits as personal income. Thank you for your help.

Ashley Demland
Ashley Demland
answered on Apr 29, 2019

Generally, the answer is yes - from a liability standpoint. To shield your personal assets from claims against your business, at a minimum you must form an entity separate from yourselves as individuals. That's usually an LLC, but it could also be a corporation. The DBA alone is not enough... View More

2 Answers | Asked in Business Formation and Business Law for Oregon on
Q: Hi, this question is regarding member capital contributions vs profit distributions and what is profit? (In Oregon).

I'm in a new multi-member LLC with uneven ownership percentage but everyone contributes the same dollar amount per percentage, (ie 1%=$2k, 5%=$10k, etc). Almost 100% of the capital contributions will be for 1 private investment idea this year, not stock related. I know the membership operating... View More

Daniel DiCicco
Daniel DiCicco
answered on Apr 20, 2019

You need an operating agreement to define these terms immediately. Without an agreement, you have no good way to resolve disputes, add or remove members, track profit shares, etc.

You need everyone to come together on this. Frankly you should not be investing money into any company where...
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1 Answer | Asked in Civil Litigation, Construction Law, Business Formation and Business Law for Oregon on
Q: I need help in regards to filing a lien on a construction project or write up a demand of payment letter

I was hired by a contractor to install siding and painting.The project is coming to a close and im still owed 54 thousand dollars plus 51 thousand dollars of change orders.I still have to pay out 95 thousand dollars to my subcontractors.I am told by other people that the general contractor said... View More

Daniel DiCicco
Daniel DiCicco
answered on Jan 29, 2019

Sounds like you will need to sue them. I doubt a letter alone is going to dislodge $100k from someone. You need a real threat. Give me a ring and I can look at it with you.

1 Answer | Asked in Business Formation and Business Law for Oregon on
Q: Does my LLC have to be the persona my online retail store operates as?

Could a company have one name but operate under another? The webside specializes in organic farming and farming tools. Also, is there any liability using "Dr." or "Doctor" so long as I am not giving out medical advice?

Benton R Patterson III
Benton R Patterson III
answered on May 8, 2018

A business name does not have to match the name of a website it owns. It is fairly common for a business to own internet properties of a different name. It is likely fine to use the name doctor as part of a longer website name, so long as you do not do anything to suggest or cause confusion as to... View More

0 Answers | Asked in Business Formation, Business Law, Consumer Law and Contracts for Oregon on
Q: Can i sue american company while i am in Ecuador?


I am Syrian and i live in Ecuador now.. i made a contract with american company to make me an app and run it in internet ,, and they delayed till now 3 months and after that they give me the work not done even 50% and they take the money in advance. while this app can make me at... View More

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Oregon on
Q: When I was hired on by a company I had to sign a non compete contract June 15 2016. The restriction is for two years.

When I was hired on by a company I had to sign a non compete contract June 15 2016. The restriction is for two years. I habe learned that the new law is 18 months. If that law went into effect January 1 2016 does the contract stand or is it voided by not containing the correct requirements?

Joanne Reisman
Joanne Reisman
answered on Jul 27, 2017

I don't know what new law you are talking about. Do you have a citation for it?

1 Answer | Asked in Elder Law, Business Formation and Contracts for Oregon on
Q: Elderly sitting, like babysitting but for the elderly

Four hour maximum sitting time only. CPR certification only. Not looking to make a big business out of this. Would I need insurance, and if so what type? Would a simple contract be enough to cover my bases?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

I do not do elder law, but you might want to look into if this would require some sort of license like a CNA. As to insurance, you always want to have insurance, and a commercial general liability (CGL) should suffice, along with perhaps a professional liability rider. This way if something happens... View More

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