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Business Formation Questions & Answers
1 Answer | Asked in Business Formation for Utah on
Q: How do I acquire an abandoned patent? I need this patent for my company
Kenneth Prigmore
Kenneth Prigmore answered on Sep 21, 2020

You will need the help of a Patent Attorney. A google search will bring up several.

2 Answers | Asked in Copyright, Products Liability, Business Formation and Trademark for Florida on
Q: Could I use a trademark name that's been abandoned since 1-8-2018?

I want to name my company " viva la vixen" but I see another company has that as their trademark name and name of their company. however the status is showing as abandoned, what do I do

Phillip William Gunthert
Phillip William Gunthert answered on Sep 21, 2020

If this is in Florida you apply for the name once the company has been administratively dissolved for 1 year. If you are not sure what to do you should get an attorney to help you with this process. The old company is able to reinstate their name for a fee and the late filing penalty, but not after... Read more »

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1 Answer | Asked in Business Formation and Tax Law for New Hampshire on
Q: I’ve started selling 20 years worth of saved up stuff on eBay. I’m starting to think I may hit the 20k threshold 4 1099

We have 5 kids and 20 years worth of all you can imagine from that and inherited items. We both work, I make over 100k. This thing I’ve been procrastinating to do is a ton of work but also fun and rewarding. I’m probably going to hit the 20k cash in threshold for PayPal to issue a 1099. I’ve... Read more »

Eric Steven Day
Eric Steven Day answered on Sep 19, 2020

The IRS has what’s considered a the hobby loss rules, which is essentially they will check to see whether you have entered into business with a profit motive. If you never make a profit and your intent is to tak the losses on your return, the IRS will consider what your doing a hobby and not an... Read more »

1 Answer | Asked in Contracts, Business Formation and Small Claims for Virginia on
Q: Hi..i am in VA. made a payment 2 days late. Can any type of late fee be imposed?

I let the company know VA has 10 day grace period. They changed the 'late fee' wording to 'payroll system fee'.

Tim Akpinar
Tim Akpinar answered on Sep 17, 2020

A Virginia attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the company's terms, and whether their revision is merely a change of terminology for the same thing. The most economical and reliable way to find out could be to... Read more »

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Can a business operate under an LLC license only?
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

It depends upon what product or service the business sells. And, by the way, registering a LLC is not licensing; there is no such thing as a "LLC license".

1 Answer | Asked in Business Formation and Business Law on
Q: Can you please help me with this question 1. What is the conditions to be fulfilled before the law awards compensation

For remote demages sustained by reason of the braech of the contract?

Tim Akpinar
Tim Akpinar answered on Sep 9, 2020

If you are a student, you will need to look to the damages section of your textbook on contracts. Look at the various types of damages and compare them - some forms of damages are direct and compensatory. Some are more indirect and consequential. That should get you started in the right direction... Read more »

1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: How much does it cost to get a full liquor license in Illinois/Missouri?

I want to open up a bar and grill in either Missouri or Illinois or both. How do much would it cost in either state and what's the process? Will i need to take classes? And what's the best business structure to go with?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 8, 2020

There are several types of liquor licenses in Missouri. The type you get will depend on many factors. You will have to apply for the license, pay the fees, purchase a bond, at a minimum. It is a process that takes time, including a background check and fingerprint check.

The format of your...
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Q: I have an organizing system that would complement box legend clothes organizer. I would like to sell the idea.

I would like to sell the idea to the patent owner of box legend clothes organizer.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 7, 2020

Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... Read more »

Q: What type of lawyer(s) do I need?

Hello there,

I am designing a skin product which will require taking sand/minerals from overseas beaches and bringing it into Australia. My lawyer will also need extensive knowledge of product/testing laws. What type of lawyer(s) do I need?

Thank you kindly.

Tim Akpinar
Tim Akpinar answered on Sep 1, 2020

You might want to speak to several different types of lawyers. If you intent to operate as an entity other than a sole individual, you could speak to a business formation attorney as to what types of corporate structures are available. You could look into what types of attorneys handle legal issues... Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: Assisting in filing all forms involved with the CSO application
Tim Akpinar
Tim Akpinar answered on Aug 28, 2020

A California attorney could advise best, but you await a response for two weeks. You might be better off simply reaching out to attorneys, either ones you find on this site or through your own independent searches. The format here is just basic question and answer, not an attorney referral. If you... Read more »

1 Answer | Asked in Banking, Bankruptcy, Business Formation and Identity Theft for South Carolina on
Q: Do I need a bankruptcy lawyer
Timothy Denison
Timothy Denison answered on Aug 27, 2020

If you are contemplating filing bankruptcy, yes!!

Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... Read more »

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Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... Read more »

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1 Answer | Asked in Business Formation for North Carolina on
Q: My HOA filed articles of incorporation with the NC Secretary of State in 1975.

We never acquired an employer id number (EIN) from the IRS. We have never filed a tax return. Are we a valid corporation? Are we a valid HOA? Can the NC SoS revoke our charter? What would that mean vis-a-vis the validity of the corporation?

The age of the HOA means that it does not... Read more »

David Allan King
David Allan King answered on Aug 23, 2020

Presuming you formed an LLC with your articles of incorporation, you were required to file an annual report and pay a fee each year. If you fail to file an annual report, the state can dissolve your LLC under § 57D-6-06. You can verify whether the LLC has been dissolved on the Secretary of State... Read more »

1 Answer | Asked in Banking, Business Formation and Business Law for Florida on
Q: CAN I SUE THE BANK?

THEY ARE SAYING LIKE I HAVE 4 DAYS TO RESOLVE OR FUNDS ARE SEIZED FOR UP TO 2 YEARS. MONEY MISSING, AND ASKING MY BROTHERS SIGNATURE THAT HE IS THE APT LEASE HOLDER..CAN I SUE THE BANK FOR DISCRIMMINATION? THEY CAN SEE IS FROM BENEFITS FROM UNEMPLOYMENT AND MY SCHOOL. I DO FEEL DICRIMMINATED... Read more »

Martin George Prego
Martin George Prego answered on Aug 17, 2020

Hello, based on the facts you described it is difficult to assess the situation. Banks under different laws, rules, and regulations have responsibilities to monitor, review, and act on customer's accounts to deter, detect, and report suspicious activities. During the review process, under... Read more »

1 Answer | Asked in Business Formation for Puerto Rico on
Q: Is it recommended to sell a home fsbo if it has inherente?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 17, 2020

Hello and thank you for using Justia. You should not sell any property until it's titleship has been cleared. The title must be in all the names of the Inheritors. You will first need a Declarations of Inheritors process before you can legally sell.

If you need additional information...
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1 Answer | Asked in Business Formation for Michigan on
Q: Can an individual get a DBA/AN or is this only for businesses? If so, what paperwork is necessary? Thank you!

I would very much like to get official paperwork for an Assumed Name, but everything that I read online says that Assumed Names and / or DBA’s are for the names of a business rather than for just an individual. I've asked two lawyers, two businesses, and a city clerk, and so far, no one has... Read more »

Patrick Duff
Patrick Duff answered on Aug 13, 2020

If you are using the assumed name as an individual, that means you are operating as a sole proprietor. You can register the name of your sole proprietor business at the county level. Here is a link with some info:... Read more »

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Can I open a gym out of my garage for profit?

My roommate wants to start a gym out of our garage

Tim Akpinar
Tim Akpinar answered on Aug 11, 2020

A Texas attorney could advise best, but your question remains open for two weeks. As a GENERAL matter, it could depend zoning laws, municipal ordinances/codes, and other possible regulations or community guidelines. It sounds like the property is yours, but if you rent, the terms of a lease could... Read more »

1 Answer | Asked in Business Formation, Business Law and Immigration Law for Georgia on
Q: I'm running a small business online and I'm looking to hire a helper. However my immigration status is pending I-485.

I already received an EAD. What should I proceed? Do I need an LLC? Can I hire someone (with my immigration status stated above)? Thank you!

Adan Vega
Adan Vega answered on Aug 11, 2020

The employment authorization document (EAD) issued to you by USCIS authorizes your lawful employment while you await the adjudication of the FORM I-485. You can register an LLC if you are able to fulfill all of the state requirements of the state where you intend to operate your business. You can... Read more »

2 Answers | Asked in Business Formation, Copyright and Trademark for Florida on
Q: Can Cosmetic Warriors remove my listing for saying Lush? Their trademark is LUSH not Lush.

Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement.... Read more »

Evelyn Suero
Evelyn Suero answered on Aug 11, 2020

This use of the word may fall under Descriptive Fair Use of a trademark when a word is used in a descriptive manner and not as a trademark, and there is no association implied with the trademark owner.

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