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Business Formation Questions & Answers
2 Answers | Asked in Business Formation and Trademark for California on
Q: If I found a trademark that was requested after I created my LLC, would I get affected? Do I have a right to my LLC name
William Scott Goldman
William Scott Goldman answered on Jul 1, 2020

LLC names are simply business entities being formed within a specific state. Trademark rights are much more expansive. So there typically isn't much overlap involved, unless an other party successfully claims that you're using the name as a trademark. But even then, the relevant... Read more »

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2 Answers | Asked in Business Formation, Business Law and Internet Law for Massachusetts on
Q: Should I include any sort of legal text/disclaimer on my clothing store website?

I'm starting my first online clothing store. Should I include any sort of legal text on my website? My brand is not trademarked yet, I live in the US, and I'll be shipping to ePacket countries. Thank you!

William Scott Goldman
William Scott Goldman answered on Jun 30, 2020

Trademark protection is always recommended, including searching for any potentially-confusing marks. Otherwise, terms of use, privacy policy and such should all be considered for an e-commerce site. Please call or email if you need assistance with any of the above.

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1 Answer | Asked in Business Formation for Illinois on
Q: I have a small business building furniture since 2018, I have not registered as a business but wanted to know

If I qualify for the SBA loan and grant program

George W. Svoboda
George W. Svoboda answered on Jun 29, 2020

Possibly. You need to prove what your payroll cost was for the last 12 months.

1 Answer | Asked in Business Formation and Business Law for Arizona on
Q: I am thinking of opening a dog bakery in my home. Is that legal? Would it require permits?
Ilene L McCauley
Ilene L McCauley answered on Jun 25, 2020

Thank you for your question. The answers depend upon where you live. You need to contact the city or municipality to answer whether or not a permit is required. However you also need to think about taxes on the money that you earn. I recommend you speak with the city or municipality regarding... Read more »

1 Answer | Asked in Business Formation for New York on
Q: hi i saw online that your law firms has a title on a property that im interested , is the property still available??
Tim Akpinar
Tim Akpinar answered on Jun 22, 2020

This isn't a law firm. It's only a question and answer board. If you saw something on the website of a law firm, you would need to contact the firm about it. Good luck

Tim Akpinar

1 Answer | Asked in Business Formation and Business Law for California on
Q: Adding a new member to a single-member LLC

I established a single-member LLC in California in 2018. Now, I would like to add another member to this LLC by giving him 50% of the ownership. I already received a new EIN from IRS for this two-member LLC. Now the question is what form do I need to file on California State's website? Do... Read more »

Kristina M. Reed
Kristina M. Reed answered on Jun 17, 2020

I recommend that you consult with your CPA and a business attorney. Your question poses a few layers.

First, unless the Articles of Organization prevent additional members, the LLC can have more than 1 member without the need to file Amended Articles of Organization. If you are unsure,...
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1 Answer | Asked in Copyright, Business Formation, International Law and Trademark on
Q: I want to start my own clothing line ‘Marshall Clothing’ my middle name= ‘Marshall’ Will I get sued by Marshall Amps?

My middle name is Marshall and I want to use it for my clothing brand “Marshall Clothing”

I have checked trademark databases and the phrase ‘Marshall Clothing’ is not registered.

However, I realised that the word ‘Marshall’ is highly associated with the company... Read more »

Evelyn Suero
Evelyn Suero answered on Jun 17, 2020

Whether a proposed trademark is infringing on another mark depends on many factors and is not limited to trademarks that are registered with the USPTO. Generally speaking, before using a trademark you must ensure that the mark is not confusing with another mark that is currently being used in the... Read more »

2 Answers | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: Conducting business in Partnership and sole proprietorship at same time in same type of business with few modifications.

I have registered an LLC called XYZ INVESTMENTS. With this newly registered entity, I have invested in a produce store called FRESH PRODUCTS, and bought 25% share under XYZ INVESTMENTS in FRESH PRODUCTS business. Now FRESH PRODUCTS has 4 business partners (which also includes my LLC - XYZ... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 16, 2020

Please see the answer I provided to this question when you previously asked it.

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1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: I have formed an llc and bought 25% share in a produce store. Now I want to open Another produce store on my own, can I?

I have registered an LLC called XYZ INVESTMENTS. With this newly registered entity, I have invested in a produce store called FRESH PRODUCTS, and bought 25% share under XYZ INVESTMENTS in FRESH PRODUCTS business. Now FRESH PRODUCTS has 4 business partners (which also includes my LLC - XYZ... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 16, 2020

There are two issues here. The first is whether the new business should be run under the same LLC. I would think the new business should be a new and separate LLC to run the new produce business unless the original LLC is only used to hold the 25% interest in the other business. This should be... Read more »

2 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: Hello, I was thinking about starting an advertising/marketing business online where I’ll post on social media accounts.

What licensing will I need to acquire and how much will I be taxed or charged to hold the business

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 14, 2020

You need to speak with a lawyer, this not a question that can be answered in a free short question and answer posting as many questions need to be asked by the lawyer.

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1 Answer | Asked in Business Formation for Indiana on
Q: Do I need to hire a lawyer to help me decipher the laws in Indiana about required masks for teachers?

I have been told it will be required periodically for my job as a teacher.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 13, 2020

You should not need a lawyer for that. Requirements for schools and teachers would be made public and in common English (no legalese). The Dept. of Education has sources available to you. Go to:... Read more »

2 Answers | Asked in Business Formation, Business Law and Civil Litigation for California on
Q: I may be facing a lawsuit. I am operating as a Sole Prop. Can I form a LLC now and be protected from a lawsuit?

I added a copyrighted image to my website by mistake. Once I found out it was copyrighted I removed it but the attorney for the original photographer is still threatening me with restitution for a ridiculous amount ($150,000)-even though the pictures license can be purchased for $250. Can I... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 12, 2020

There are several parts to your question:

1. Forming an LLC before the lawsuit will not protect you, as it is a separate legal entity formed after the event in question. As a sole proprietor you would be personally responsible for the infringement.

2. As there may be other facts...
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1 Answer | Asked in Business Formation and Cannabis & Marijuana Law for Colorado on
Q: can I start a marijuana business as a trust beneficiary
D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 11, 2020

The fact that you're a beneficiary of a trust will not affect your eligibility to apply for a MED license.

1 Answer | Asked in Banking, Business Formation and Business Law for Florida on
Q: What are the laws and requirements that bind money transmitters in Florida?

I would like to start a money service business specialized in money transfer overseas. Where do I start?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 11, 2020

The first place to start doing anything in the financial arena as a business is seeking a license to do what you want to do from the Florida Department of Financial Services in Tallahassee. Google them.

You will improve your chances of success in being approved if you hire a very...
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2 Answers | Asked in Business Formation for Pennsylvania on
Q: What to do if someone wants to buy a food recipe off you for a business and you want a percentage of the company
Barbara Berschler
Barbara Berschler answered on Jun 6, 2020

You will need to enter into a trade secret agreement in which in exchange for letting them know the recipe, you would get some percentage. Best to work with an attorney in the drafting of the agreement.

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1 Answer | Asked in Business Formation, Business Law and Trademark for California on
Q: I have a question about a company name

Someone else has the company name I want but, they haven't been active since 2014 I believe. They don't have it trademarked i looked them up on the government trademark site and other sites they don't come up. Is it possible i can trademark the name and use it for my company?

Barbara Berschler
Barbara Berschler answered on Jun 6, 2020

Trademark rights are not merely created by someone registering the mark, whether with the USPTO or under a state's law. Under the common law, if you use a mark as a mark, you can acquire trademark rights in that mark. You would need to investigate further about whether the other person has... Read more »

1 Answer | Asked in Business Formation and Business Law for Utah on
Q: Which business structure should I choose?

A close friend and I are trying to start a business. It's based around an iOS app with services in the Pet Industry. We are trying to choose a business structure, and are unsure of which to pick. We are currently looking between an LLC or LLP. Is this the right choice for us?

Wesley Winsor
Wesley Winsor answered on Jun 5, 2020

LLC's are simpler. Unless you need to split up liability between you and your friend or one of you is only a passive investor, I would recommend an LLC.

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for North Carolina on
Q: Is it legal for me to use another company's logo on my ad/website?

I am taking multiple part-like products from several companies and combining them to make my own final product. Is it ok for those company logos to show on my website and in my ads?

Evelyn Suero
Evelyn Suero answered on Jun 3, 2020

Using another company's logo may expose you to a claim of infringement, since it may cause customer confusion regarding the source of your products. It may also create the impression that the brand is either affiliated with your company or endorses your company. If you need to mention the... Read more »

1 Answer | Asked in Banking, Business Formation and Business Law on
Q: I'm investing in High-yield savings accounts would the bank repay my capital if it get damaged by any reason?

Hey there!

I'm someone who is going to invest for first time in a bank

I'm gonna try my luck with the High-yield savings accounts

And I'm worried about my money! I wanted to know would bank repay me if my capital got damaged for any reason?and which bank is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 1, 2020

This is not a legal question. You will need to seek personal advice from family or friends who already have their money on deposit at some banks.

2 Answers | Asked in Employment Law and Business Formation for California on
Q: I have worked for 4 years without pay

Hi, my brother in law asked me to work for him for four years and he will make me owner of the business. In these 4 years i have worked more than 70 hours weekly without pay. Just for the past year he connected my account to his doordash payments and thats how i got paid just for past year

Neil Pedersen
Neil Pedersen answered on Jun 1, 2020

You are going to have to have a specific consultation with an attorney to determine your status. If you are a partial owner, it is possible that you did not have a right to pay as an employee. However it is far more likely that you should be considered an employee, and you should have been paid... Read more »

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