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Business Law Questions & Answers
Q: Hi, I am from China. A US digital marketing company provides online service to us, but they are really inefficient.
1 Answer
| Asked
in
Business Law, Consumer Law and Small Claims
for
California
on
Answered on Apr 22, 2019
Answered on Apr 22, 2019
Q: adisneyworld.com is my domain name. can i use this domain name for amazon affiliate marketing?
1 Answer
| Asked
in
Business Law, Identity Theft and Real Estate Law
for
Ohio
on
Answered on Apr 22, 2019
Answered on Apr 22, 2019
Joseph Jaap's answer
Disney is likely to sue you for trademark infringement, which could allow them to collect damages and their attorney fees from you. Use the Find a Lawyer tab to talk to a local trademark attorney before using that domain name.
Disney is likely to sue you for trademark infringement, which could allow them to collect damages and their attorney fees from you. Use the Find a Lawyer tab to talk to a local trademark attorney before using that domain name.
Q: Hi, this question is regarding member capital contributions vs profit distributions and what is profit? (In Oregon).
Daniel DiCicco's answer
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 your rights to the money and profits are not clearly defined in a written document.
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 your rights to the money and profits are not clearly defined in a written document.
Q: I cant get my former business partner to sign a dissolution agreement and now I might have to pay her part of the taxes
Linda Simmons Campbell's answer
You need to speak with a good tax attorney to discuss your case in detail. If you do end up owing taxes that you cannot afford to pay there are collection alternatives available to you including an offer in compromise, a partial payment installment agreement, currently not collectible status, etc.
Just stay away from the places you see advertised on TV. Use Justia to find an attorney. Most of us offer a free consultation.
You need to speak with a good tax attorney to discuss your case in detail. If you do end up owing taxes that you cannot afford to pay there are collection alternatives available to you including an offer in compromise, a partial payment installment agreement, currently not collectible status, etc.
Just stay away from the places you see advertised on TV. Use Justia to find an attorney. Most of us offer a free consultation.
Q: My job was threatened an I was forced to sign paperwork saying I'd look for no comp for my part in this invention. ..
1 Answer
| Asked
in
Contracts, Employment Law, Appeals / Appellate Law and Business Law
for
Massachusetts
on
Answered on Apr 19, 2019
Answered on Apr 19, 2019
Bruce Alexander Minnick's answer
No one here on Justia can help you unless you tell us all the relevant facts about your situation.
No one here on Justia can help you unless you tell us all the relevant facts about your situation.
Q: What is the definition of church and religious organization for Maryland? Massachusetts has defined church.
Mark Oakley's answer
The term is defined differently for different purposes, and your question is not sufficiently narrow enough to give the context in which you would like the definition applied. For example, Maryland permits religious entities such as churches to incorporate as a religious corporation, and the term "church" has a specific definition for that purpose, limited to the formation and treatment of churches operating as a corporation or similar entity: " 'Church' means any church, religious society,...
The term is defined differently for different purposes, and your question is not sufficiently narrow enough to give the context in which you would like the definition applied. For example, Maryland permits religious entities such as churches to incorporate as a religious corporation, and the term "church" has a specific definition for that purpose, limited to the formation and treatment of churches operating as a corporation or similar entity: " 'Church' means any church, religious society,...
Q: Verizon come install cable I left my window up cat got out they never close the window and were on 3floor
2 Answers
| Asked
in
Business Formation, Business Law, Civil Litigation and Contracts
for
Pennsylvania
on
Answered on Apr 18, 2019
Answered on Apr 18, 2019
Bruce Alexander Minnick's answer
To the best of my knowledge there is no answer to this question, in part because it is not a legal question. Leave the window open a few days to see if your cat will come back home.
To the best of my knowledge there is no answer to this question, in part because it is not a legal question. Leave the window open a few days to see if your cat will come back home.
Q: Is the term "Food Revolution" trademarked?
Joseph Jaap's answer
A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not been registered. And even if a trademark is not registered, it still has legal protection under federal and state law, and an infringer can be held liable. So finding out that a trademark has been...
A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not been registered. And even if a trademark is not registered, it still has legal protection under federal and state law, and an infringer can be held liable. So finding out that a trademark has been...
Q: surplus funds due to be collected.Some attorney lied said i hire her but i dont know this person.I havent seen contract
2 Answers
| Asked
in
Business Law, Consumer Law and Legal Malpractice
for
California
on
Answered on Apr 18, 2019
Answered on Apr 18, 2019
Scott Richard Kaufman's answer
You may want to WRITE to this person to see what is up?
Most (honest) attorneys will respond swiftly with an explanation.
Failure to respond timely may show s/he knows they did
something wrong. Then you may take it to the next level, like
opening up a BAR inquiry?
You may want to WRITE to this person to see what is up?
Most (honest) attorneys will respond swiftly with an explanation.
Failure to respond timely may show s/he knows they did
something wrong. Then you may take it to the next level, like
opening up a BAR inquiry?
Q: I filled my perscription. I later noticed the name was incorrect. What do I do
Timur Akpinar's answer
You could bring it to the attention of the pharmacist to check if you did in fact receive the correct medication you were supposed to receive, and if the label error only involved your prescription (rather than additionally involving someone else out there who might have received your intended prescription in error).
Tim Akpinar
You could bring it to the attention of the pharmacist to check if you did in fact receive the correct medication you were supposed to receive, and if the label error only involved your prescription (rather than additionally involving someone else out there who might have received your intended prescription in error).
Tim Akpinar
Q: How do I gain sole ownership of an online business that I started with someone else?
1 Answer
| Asked
in
Business Formation, Business Law and Contracts
for
Georgia
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Bruce Alexander Minnick's answer
Unless you provide much more information about the business and everything gone before between you and the person who apparently shut you out of the business you started you will not get many answers on this forum.
Unless you provide much more information about the business and everything gone before between you and the person who apparently shut you out of the business you started you will not get many answers on this forum.
Q: If a business name and entity was stolen or transferred without permission, do I sue or contact local authorities?
2 Answers
| Asked
in
Business Formation, Business Law and Contracts
for
Pennsylvania
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Bruce Alexander Minnick's answer
Contacting "local authorities" will probably do no good because this is clearly a family business matter. And unless you can show some actual damages the courts will also be hesitant to get involved. Finally, unless the actual amount of money involved is very substantial it is likely that the cost of litigation would make it not worthwhile to sue. However, since only you can answer these fundamental questions, you should contact an experienced business lawyer to help you decide what you want to...
Contacting "local authorities" will probably do no good because this is clearly a family business matter. And unless you can show some actual damages the courts will also be hesitant to get involved. Finally, unless the actual amount of money involved is very substantial it is likely that the cost of litigation would make it not worthwhile to sue. However, since only you can answer these fundamental questions, you should contact an experienced business lawyer to help you decide what you want to...
Q: Two parties agreed to be in a contract .That is A selling to B,B then export but the gvt enforce a law against this.
Timur Akpinar's answer
Although this matter is outlined concisely, it could involve numerous trade and customs regulations, in addition to state-specific laws, depending on the jurisdiction.
Tim Akpinar
Although this matter is outlined concisely, it could involve numerous trade and customs regulations, in addition to state-specific laws, depending on the jurisdiction.
Tim Akpinar
Q: My apartment complex let themselves into our apartment w/o notice. Is that breaking the lease?
1 Answer
| Asked
in
Business Law, Contracts, Real Estate Law and Landlord - Tenant
for
Arkansas
on
Answered on Apr 16, 2019
Answered on Apr 16, 2019
Bruce Alexander Minnick's answer
Look closely at the lease. Unless I miss my guess the lease says the landlord can enter THEIR property anytime they need to get in.
Look closely at the lease. Unless I miss my guess the lease says the landlord can enter THEIR property anytime they need to get in.
Q: Can I sue 1099 for breaking a contract of not practicing withing 10 miles from by place of business?
Griffin Klema's answer
Quite possibly, yes. The geographic restriction might be enforceable, but the full answer to your question depends on an analysis of the contract that was signed, and the circumstances surrounding the contractor's work with you (as well as what you do/did to maintain secrecy over the confidential information). I would be pleased to discuss your trade secret case in further detail: 202-713-5292.
Quite possibly, yes. The geographic restriction might be enforceable, but the full answer to your question depends on an analysis of the contract that was signed, and the circumstances surrounding the contractor's work with you (as well as what you do/did to maintain secrecy over the confidential information). I would be pleased to discuss your trade secret case in further detail: 202-713-5292.
Q: If I were to buy brand name items from overseas, direct from the factory, could I sell them as authentic
Griffin Klema's answer
Your question seems to implicate Canadian law, but I believe most attorneys on Justia are only licensed in the U.S.
Under U.S. law, the answer would probably be no because most likely the owner of the "brand" has trademark rights in the U.S. (assuming they're selling product here). You would not be allowed to sell products bearing the mark of another company without their permission (license). It also probably doens't matter whether you're advertising them as new or used. Furthermore,...
Your question seems to implicate Canadian law, but I believe most attorneys on Justia are only licensed in the U.S.
Under U.S. law, the answer would probably be no because most likely the owner of the "brand" has trademark rights in the U.S. (assuming they're selling product here). You would not be allowed to sell products bearing the mark of another company without their permission (license). It also probably doens't matter whether you're advertising them as new or used. Furthermore,...
Q: can I be a tag agent if I have filed bankruptcy?
2 Answers
| Asked
in
Bankruptcy, Business Law and Contracts
for
Oklahoma
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Kyle Persaud's answer
I don't see anything that says you can't.
To see the requirements for being a motor license agent, click on these two websites:
https://www.oscn.net/applications/oscn/deliverdocument.asp?id=440203&hits=1365+1364+1363+1352+1351+1350+1296+1295+1294+1117+1116+1115+1113+1112+1111+1065+1064+1063+1030+1029+1028+999+998+997+882+881+880+798+797+796+602+601+600+486+485+484+481+480+479+439+438+437+396+395+394+195+194+193+29+28+27+...
I don't see anything that says you can't.
To see the requirements for being a motor license agent, click on these two websites:
https://www.oscn.net/applications/oscn/deliverdocument.asp?id=440203&hits=1365+1364+1363+1352+1351+1350+1296+1295+1294+1117+1116+1115+1113+1112+1111+1065+1064+1063+1030+1029+1028+999+998+997+882+881+880+798+797+796+602+601+600+486+485+484+481+480+479+439+438+437+396+395+394+195+194+193+29+28+27+...
Q: Cancelling a lease agreement.
1 Answer
| Asked
in
Business Law, Contracts, Real Estate Law and Landlord - Tenant
for
California
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
FYI, this is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.
FYI, this is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.
Q: we are a state level nonprofit we hired a management company to over see our operations ...can our board of directors
Bruce Alexander Minnick's answer
Yes; but it is unclear why you want to pay the management company enough money to turn around and pay your salary plus required employment taxes, plus their management fee? Caveat: If anyone involved in this questionable plan is trying to avoid paying taxes they should hire a lawyer first.
Yes; but it is unclear why you want to pay the management company enough money to turn around and pay your salary plus required employment taxes, plus their management fee? Caveat: If anyone involved in this questionable plan is trying to avoid paying taxes they should hire a lawyer first.
Q: Hey I want to start a brand with a brand name Amélie. How can I tell if that name is already taken?
2 Answers
| Asked
in
Copyright, Business Formation, Business Law and Trademark
for
Missouri
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Ahaji Kirk Amos' answer
I would recommend that you have a trademark attorney like myself conduct a trademark search for you.
I would recommend that you have a trademark attorney like myself conduct a trademark search for you.
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