Business Law Questions & Answers

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
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.

Q: Hi, this question is regarding member capital contributions vs profit distributions and what is profit? (In Oregon).

1 Answer | Asked in Business Formation and Business Law for Oregon on
Answered on Apr 20, 2019
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.

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

1 Answer | Asked in Business Law, Civil Litigation and Tax Law on
Answered on Apr 20, 2019
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.

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
Bruce Alexander Minnick's answer
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.

1 Answer | Asked in Business Formation and Business Law for Maryland on
Answered on Apr 19, 2019
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,...

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
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.

Q: Is the term "Food Revolution" trademarked?

1 Answer | Asked in Business Law, Copyright and Trademark for Ohio on
Answered on Apr 18, 2019
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...

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
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?

Q: I filled my perscription. I later noticed the name was incorrect. What do I do

1 Answer | Asked in Family Law and Business Law for Tennessee on
Answered on Apr 17, 2019
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

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
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.

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
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...

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.

1 Answer | Asked in Business Law on
Answered on Apr 16, 2019
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

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
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.

Q: Can I sue 1099 for breaking a contract of not practicing withing 10 miles from by place of business?

1 Answer | Asked in Business Law for Florida on
Answered on Apr 16, 2019
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.

Q: If I were to buy brand name items from overseas, direct from the factory, could I sell them as authentic

1 Answer | Asked in Consumer Law, Copyright and Business Law on
Answered on Apr 16, 2019
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,...

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
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+...

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
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.

Q: we are a state level nonprofit we hired a management company to over see our operations ...can our board of directors

1 Answer | Asked in Contracts and Business Law on
Answered on Apr 15, 2019
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.

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
Ahaji Kirk Amos' answer
I would recommend that you have a trademark attorney like myself conduct a trademark search for you.

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