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1 Answer | Asked in Business Law for Connecticut on
Q: Hi. I wanted to start a small business, I wanted to name it after a fictional character from a movie.

In the movie Young Guns, there is a character named Dirty Steve Steven's. I am looking into opening my own homemade soap business and calling it Dirty Steve's Homemade Soap. I want to use a chicken as the mascot but want it to be dressed like the character. Is this legal?

Thanks

Joseph B. LaRocco
Joseph B. LaRocco answered on Apr 14, 2021

Dave:

It really depends on whether or not the name is copyrighted. Even if it is not, the production company or studio that has the rights to the movie, and that is protected by copyright. They can decide to sue you claiming that since the movie is copyrighted, so is the name of the...
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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Back in 2005, how would a Florida general partnership transfer its assets when it changes to a corporation?

If a Florida general partnership incorporated in 2005 to become an S-corp, what steps would they have had to take in order to properly transfer the partnership's assets to the corporation? Is there a Florida statute regarding how this is done or are assets just automatically transferred? Does... Read more »

Keith Kanouse
Keith Kanouse answered on Apr 13, 2021

You have to prepare a Bill of Sale and other transfer documents depending on the nature of the assets from the GP to the Corp. This would be the capital contribution of each partner as each partner would become a shareholder in proportionate to his or her partnership percentage. You would also... Read more »

2 Answers | Asked in Business Law and Criminal Law for California on
Q: Hello. I ran into a garage door service company and saw that their entire business is based on fraud.

Hello. I ran into a garage door service company and saw that their entire business is based on fraud. They fix non-existent door problems for thousands of dollars, although parts are very cheap. Is this considered a scam and how can they be punished? Only text please.

Dale S. Gribow
Dale S. Gribow answered on Apr 12, 2021

you should contact a civil lawyer to see if they feel there is a case.

write out a detailed summary to share with a lawyer.

contact the appropriate authority, either police or licensing entity for that company.

IF, they are fixing the doors, but you think the price is too...
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1 Answer | Asked in Business Law for California on
Q: Hello I want to ask if it was legal for cube smart to sell my unit when I was 3 days away from paying?

I had 3 units at cube smart and all the bills were confusing they sold one unit and then gave me a refund how can they do this legally

Julie King
Julie King answered on Apr 8, 2021

Unfortunately, the answer to your question will depend on the terms of the contract you signed with that company. Each contract contains different language in it and a lawyer would have to guess what your contract said, which would not help you at all. Once a lawyer has read the contract and... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: how to legally make contracts and what to put in them.

I want starting a business with someone else using my idea/system that i made, I want to share the business 50/50, how can I make this legal, as well as make sure they don't steal the information and use it somewhere else?

Michael Cherewka
Michael Cherewka answered on Apr 8, 2021

You have a number of questions here that you really need to sit down with a business attorney and sort through your best options. First of all I never recommend a 50/50 split of ownership because it can lead to deadlocks at a number of levels in the business. As far as your idea/system, that... Read more »

1 Answer | Asked in Contracts, Business Law and Gov & Administrative Law for Florida on
Q: Is it better to privately lease a vehicle in FL or sell the vehicle with an associated lean against it?

I am the secretary for a 501c3 focused on supporting military and ex-military veterans. We have a unique situation where the group acquired a motorcycle trike, which the group would like to "loan" to a biker who lost his leg in a motorcycle accident. We want to know if we should... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2021

Liability attaches to whoever owns the trike as well as whoever is driving it when an accident occurs. So if the club owns the trike (name on the title) they cannot avoid liability by leasing it or selling it subject to a purchase money loan. Hire an experienced lawyer to help keep the club on this... Read more »

1 Answer | Asked in Business Law and Contracts for Florida on
Q: Need an attorney to file a case with over 500,000 in damages (business ) Against company in Fort Lauderdale
Charles M.  Baron
Charles M. Baron answered on Apr 2, 2021

It would be helpful for you to state the subject matter of your intended claim - for example, contract dispute, non-performance of a contracted job, consumer fraud, employment discrimination, employment termination/discipline, etc.

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Civil Litigation for Virginia on
Q: I am having serious issues with Ikea

I bought a dark grey sofa and immediately had issues. The color wasn't as advertised and the required cover to velcroes on didn’t fit. I couldn’t get anyone on the phone bc they had tech issues. I reached them via Twitter and they send me a replacement cover. This one was even smaller.... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 2, 2021

You should call the Office of the Attorney General of Virginia, Consumer Affairs Division and make a formal complaint.

1 Answer | Asked in Business Law for Maryland on
Q: What will it cost to file articles of conversion and articles of incorporation in md
Mark Oakley
Mark Oakley answered on Apr 1, 2021

The filing fees are listed on the SDAT website, and the amount depends on whether you mail the filings in (which can take two to four weeks to get filed that way) or by electronic filing over the internet portal, which happens within a day. The fee doubles to do the internet portal filing. Legal... Read more »

1 Answer | Asked in Business Law and Health Care Law for Maryland on
Q: Can I be held liable for a dental bill when correct amounts were not initially disclosed or signed for?

My dentist office continuously provided procedures under the pretense that they would be covered by my insurance. I have now discovered that I hit my spending limit, despite asking the office multiple times if I was coming up on it. They are now holding me accountable for out of pocket costs that I... Read more »

Mark Oakley
Mark Oakley answered on Mar 30, 2021

Unless you can show a knowing and intentional act on the part of the dental office to fraudulently trick you into dental services they knew were not covered by your insurance plan, and you clearly and unequivocally communicated to them that you would only accept the procedures if they confirmed... Read more »

1 Answer | Asked in Business Law and Contracts for Florida on
Q: Hello, hope all is well. I have a question pertaining to a Florida LLC equity contract. Is this contract valid?

I have the Operating Agreement and Equity Contract.

Keith Kanouse
Keith Kanouse answered on Mar 29, 2021

I would have to review the Operating Agreement and Equity Contract. Why is there 2 agreements. Normally, the Operating Agreement governs the rights and obligations of the Members of the LLC.

1 Answer | Asked in Business Law for Maryland on
Q: hello what rights do I have as a business owner if my partner is trying to force me out.

I invested $60,000 in a restaurant and my partner wants to force a buy out at $42000. I don't have access to the business records and I want to force this. I don't want to get bought out now either.

thanks

Davin Van Eyken
Davin Van Eyken answered on Mar 29, 2021

No you cannot be forced out without a court order mandating that course of action.

1 Answer | Asked in Business Law, Civil Rights and Internet Law for Ohio on
Q: Can a business video and audio surveillance record without letting any customers know he is doing this?

He can access the recordings online!

Matthew Williams
Matthew Williams answered on Mar 29, 2021

Businesses are free to employ surveillance in most parts of the business. They cannot do so in changing and bathroom areas, or showers at places like gyms.

3 Answers | Asked in Bankruptcy, Business Law and Real Estate Law for New Jersey on
Q: If you personally guarantee a business loan and file bankruptcy, can the bank go after your house/primary residence?

I opened the doors to my s-corp in 2020 and due to covid I may have to file for bankruptcy. I have a great opportunity to buy a house now and don't know if the bank will go after my house for collateral. Should I wait to see what the business does or is it safe to buy a house prior to a... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 29, 2021

If you are a personal guarantor, any judgment against you could attach to your home. So, if you file for bankruptcy first, buying a house would most likely be more difficult, but if you buy a home are sued, and the other side wins it could attach to your home as a lien.

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3 Answers | Asked in Business Formation, Business Law and Civil Litigation for Georgia on
Q: LLC is joined as Third Party Defendant in a counterclaim lawsuit, LLC is served with process, does LLC have to Answer?

In other words, please confirm if an LLC who was properly served with process to the registered agent (who is not an attorney) by court order, needs to hire an Attorney to "Answer" a counterclaim lawsuit as a Third Party Defendant. And please confirm if there is any Georgia State law... Read more »

Joshua Adam Davis
Joshua Adam Davis answered on Mar 27, 2021

Under federal and Georgia law, a limited liability company must retain an attorney to appear on its behalf and represent it in court.

As always, you should have a confidential discussion with an attorney who can thoroughly explore the facts of your situation, as there is some ambiguity in...
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2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for Michigan on
Q: Ref: CHAP13;indivdual;only one case. What is the length of CHAP 13 "automatic" stay ? Is it minimum 60 days ?
David Soble
David Soble answered on Mar 29, 2021

An automatic stay to prevent a property from going to foreclosure will remain in effect until the bankruptcy court lifts the stay. If a debtor follows the bankruptcy protocal on a chapter 13 plan, the stay remains in force. There is no set time frame for the stay to be removed unless there is non... Read more »

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2 Answers | Asked in Contracts, Business Formation and Business Law for Florida on
Q: Can a partner be forced to "move on" if no partner agreement was signed?

I work at a restaurant in Florida where the GM -- we'll call him John -- is also a part owner of the establishment. Another owner -- we'll call him Chuck -- is also the owner of the building -- from whom the space is rented. And finally, another owner is the chef -- We'll call him... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2021

This fishy "Contracts, Business Formation and Business Law " story sounds like it was taken right out of a business law course at Santa Fe Community College; otherwise why would you--a mere observer--be interested in knowing how "John" and "Chuck" should show "Rob" the door?

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1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Massachusetts on
Q: Could an associate of a law firm like Latham & Watkins provide legal services outside of their law firm?

For instance, say I need legal help with a start-up I'm trying to launch. I reach out to an attorney who works for a law firm who who says he's offering pro-bono legal services. I develop a relationship with this attorney and we agree on a deal that says he will take equity in my company... Read more »

Richard Gaudet
Richard Gaudet answered on Mar 26, 2021

The answer depends upon the relationship that this attorney has with the law firm. It is possible that this attorney has some type of non-compete clause, or some other provision in a contract with the employer preventing the lawyer from self-dealing. So much of the answer to your question depends... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: With “Rent to own” financing where breach occurred, is Confessed Judgment in lieu of Sm Claims complaint ok?
Mark Oakley
Mark Oakley answered on Mar 26, 2021

Until the tenant exercises the option to buy, and converts the lease into a sales contract, the tenant remains a tenant and the owner remains a landlord, and the remedies for breach are governed by the landlord tenant laws. There may even be a gray area between exercise of the option and actually... Read more »

1 Answer | Asked in Business Law, Criminal Law and Employment Law for California on
Q: If the company training team teaches an easy way to do something and that "something" breaks the law, who is responsible

Details removed

Dale S. Gribow
Dale S. Gribow answered on Mar 25, 2021

IF YOU KNOWINGLY BREAK THE LAW, YOU WILL BE RESPONSIBLE.

THAT DOESN'T MEAN THEY ESCAPE EXPOSURE.

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