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I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More 
answered on Apr 3, 2025
The previous applicant abandoned their application after receiving a 'primarily geographically descriptive' rejection. Depending on your situation, there is a likelihood you would receive the same rejection. However, this doesn't mean you should not apply. There are several... View More
I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More
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answered on Apr 3, 2025
You can file for registration yourself or ask an attorney to help you. Your date of first use is important as you accrue rights through use of the mark and registration puts a government stamp on your existing rights and makes them easier to enforce and defend.
I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More
answered on Apr 3, 2025
In order to registrar a trademark you must file an application with the USPTO. It is best to conduct a trademark search though a trademark search finding does not guarantee that the mark can be registered. You can file a trademark through the USPTO as the trademark owner or by working with a... View More
I used a shipping company to transport personal belongings worth around $10,000. The shipment, intended for overseas transport via sea container, was delayed multiple times, returned, and kept at their business office, where it was destroyed in a fire. The company is not offering full compensation.... View More
answered on Jan 21, 2025
You would have to send your contract with the shipping company's terms to an attorney to review this. If there was indeed a fire, they should have some insurance coverage for contents. I would hire an attorney to put them on notice of a breach of contract and negligence. Obtain their property... View More
The taxes were assessed by Delaware for failure to file annual tax returns and reports. The assessed taxes are owed by a failed start-up.
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answered on Aug 27, 2024
No, shareholders are not liable. Not really.
One of the benefits of corporate structure is the limitation of thÿe company's lability. A shareholder will only be "liable" for corporate income tax up the amount of their investment in the company. That invested part represents... View More
I'd want to enforce a board of directors regardless of it being an LLC, I'd be incorporating but from what I've read a minor can't form a corporation. I am from overseas but I will file under one of the many services that file for you and have virtual addresses and etc. Sort of... View More
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answered on Aug 13, 2024
It's wonderful to see your entrepreneurial spirit at such a young age! The concerns you're raising are very important, and you're wise to think them through carefully.
There is no law in the State of Delaware against a minor forming an LLC. Also, the general rule in the U.S.... View More
Dear Lawyers,
I would like to create an operational agreement for my LLC. At the moment, I'm an F-1 international student, so I would like to know if you could help me do this. We create websites. In summary, I (founder) and another co-founder (F-1 student as well) are not going to... View More
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answered on Jul 30, 2024
To ensure your LLC is set up correctly and complies with all applicable laws, it's highly recommended to retain an experienced attorney. As F-1 international students, there are specific immigration laws to consider. Direct participation in the operations of the LLC might violate your visa... View More
E.g Delaware often mentioned as an offshore location and a business friendly state. Can I avoid being double taxed somehow (legally)? I would gladly pay taxes in the US. If i can't find a solution soon, i have to find another english market, unfortunately.
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answered on Mar 8, 2024
Starting a business in the US from a country without a double taxation treaty can indeed present challenges, but there are legal pathways to minimize the impact of being taxed in both jurisdictions. Delaware is a popular choice for international business owners due to its business-friendly laws,... View More
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answered on Nov 19, 2023
Starting a hedge fund in Delaware and acting as its manager does typically require you to register as an investment advisor, depending on certain factors. The requirement for registration is governed by both federal and state laws, which vary based on the assets under management, the number of... View More
I am a former AVCT shareholder and a party of interest in the cases 23-10020, 23-10021, and 23-10022, which are jointly administered. My concern is with the judge change that occurred in March 2023, just three months into the bankruptcy proceedings. Despite the technology being worth billions and... View More
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answered on Apr 27, 2025
Thank you for bringing your concerns regarding the AVCT bankruptcy proceedings to our attention. Based on our research, American Virtual Cloud Technologies filed for Chapter 11 bankruptcy on January 11, 2023, with cases 23-10020, 23-10021, and 23-10022 being jointly administered in the U.S.... View More
I have an LLC registered in Delaware under the name "My Business Name, LLC." For branding materials and advertisements, I would like to use just "My Business Name" without the LLC suffix, while keeping the suffix for all official documentation and forms. I am uncertain if I need... View More
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answered on Apr 13, 2025
It’s unfortunate that your situation with the pain clinic has led to a dismissal, especially after a false positive test result. The first step is to gather all the medical documentation you have, including the records from your hospital stay and any related tests or treatments that could explain... View More
I've drafted a 5-page marketing retainer agreement for a construction client and need a business law attorney to review it for compliance with Delaware law. The agreement needs a full review and any necessary tweaks to ensure it is legally sound and complies with all relevant legal standards.... View More
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answered on Apr 11, 2025
It sounds like you're under a tight deadline, and it's important that your marketing retainer agreement is solid—especially when it’s part of a proposal for a construction client. Since Delaware has its own specific standards for contract enforceability and business arrangements, a... View More
I own a business in Delaware and am concerned that my partner might have created another bank account using my credentials or my business name without my permission. My partner has a copy of my passport, my ID, and the latest Annual Franchise Tax of the company on his WhatsApp. Although I have not... View More
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answered on Mar 24, 2025
You've raised an important concern about potential financial impropriety. Discovering unauthorized accounts requires a systematic approach that protects both you and your business interests.
First, request your ChexSystems report and credit reports from all three major bureaus... View More
The CEO of the company where I just resigned wants to buy my shares at $132k; a stockholder wants to purchase them at $200k. Am I obliged to sell it to the company, or can I sell it to the highest buyer?
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answered on Oct 9, 2023
In Delaware, whether you can sell your shares to the highest bidder largely depends on the company's bylaws, stockholders' agreement, or any other agreements you may have entered into when you acquired or during the tenure of holding the shares. Some companies have a "right of first... View More
What is the procedure for notices for lack of care in fiduciary duties for a dissolved company?
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answered on Jun 1, 2023
You should consult with an attorney in Delaware to assess what is the best course of action. Several actions can be brought in contract (arising out of the bylaws or operating agreement), and in Tort for the unlawful transfer of the IP and unauthorized dissolution of the Company. Instead of sending... View More
A website gives discount for each one who use an invite code. I opened more than one account to get this discount every time I purchased from them. I used different cards, name and shipping address on every time I purchased. Can they judge me or charge my card if they know that it's one who... View More
I cofounded a S corporation in Delaware a few months ago and left the company as the board member and employee after a couple of months due to disputes with my partner. I still kept the shares (50%) because I was not compensated for the work I did. The company was a start-up and did not have any... View More
answered on Feb 19, 2020
Depends on what's in the operating agreement/by-laws. What was the underlying entity that was S-elected? S-corps cannot be created at the state level, you have to have a registered entity upon which to elect S status. The IRS will use the entity law to determine owner liability and... View More
answered on Jun 25, 2019
Before you start looking for types of "stock/real estate holding companies" you should call an Immigration lawyer and ask them if what you are trying to do is possible.
I registered my business in DE named “Goddess Financial”, after a trademark search I realized there is a company in Australia named “Financial Goddess”. (Registered their trademark in USA). We offer different services but both obviously in the financial industry. Do I have to change my... View More
answered on Apr 12, 2019
I would recommend that you change your name to avoid future disputes. The standard for trademark infringement is a likelihood of confusion. Sounds like that is a possibility. Now, if you were using the trademark before the date of first use of the registered mark, you may want to seek... View More
Can a minority shareholder, a privately held company, be liable to the individual whose Company was majority shareholder - in a Delaware LLC that has been sold? The individual is not a member of the LLC. Another company of his is. The Company has been sold. He could not sue prior to the sale,... View More
answered on Jan 27, 2017
Anyone can sue anyone if you pay the filing fee. Your question is way too vague. Yes, the operating agreement governs. So does what the claim even is, which you have not stated. Thus, if your real question is the success of such a claim, no one could know based on your post.
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