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Texas Business Law Questions & Answers
1 Answer | Asked in Business Law, Trademark, Copyright and Intellectual Property for Texas on
Q: A nonprofit organization voluntarily dissolved, there was a trademark name held by the organization, can I acquire it?

The nonprofit voluntarily dissolved as of 4/30/2021 and will not be re-organizing. They held a trademark which according to the USPTO there's been no action on it since 2016 and doesn't reflect an "assignment." I have a similar nonprofit and would like to acquire that... Read more »

Evelyn Suero
Evelyn Suero answered on May 2, 2021

The USPTO will refuse to register a trademark when an identical or similar trademark is already registered. Typically, when a nonprofit is dissolved, it is required to transfer all of its assets and property to another nonprofit. It is possible that another organization may now own the mark.... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Business Law for Texas on
Q: What would be the best route to take?

I am the director of a dance team, and we have a couple of trips planned for competitions and other things. They would travel by bus, and I was trying to figure out what I needed to do to make sure that I wasn’t held liable if anything happens during the travel. The dance team is not under a... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

This question should be answered by an attorney who practices civil law. The criminal courts should not be involved for situations like bus crashes or injuries.

I assume you are not asking about crimes unless there is something really bad going on... like child abuse... in which case you...
Read more »

1 Answer | Asked in Business Formation, Business Law, Civil Rights and Environmental for Texas on
Q: I told a friend my credit scores he said he can get us a $2mil loan. What legal actions can I do?

He's in real-estate and said he can get me in as well using my credit scores.

Tim Akpinar
Tim Akpinar answered on Apr 21, 2021

A Texas attorney could advise best, but your question remains open for two weeks. As a general matter, a court might look at what you lost by relying on your friend's assurance - a loan that it looks like you would not have qualified for anyway. It sounds like your friend might have made a... Read more »

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Civil Litigation for Texas on
Q: What steps to take when have a charging order signed by the judge the day before it was e-filed by plaintiffs attorney?

The creditor is also the Limited Partnership General partner and is covered under LLC that is not mentioned nor that the same person controls.each of these companies.

Teri A. Walter
Teri A. Walter answered on Jan 26, 2021

Sorry, without more details it's impossible to say what actions might be necessary or appropriate. If you're in litigation, you will need an attorney to represent your interests. They can review the order and status of the case and take the appropriate action if the order should not... Read more »

1 Answer | Asked in Business Law for Texas on
Q: Are managers/members of a forfeited LLC permitted to wind up that LLC without first reinstating with the SOS?

The members/managers here want to "dissolve" (wind up) their LLC, but they don't have an operating agreement that addresses winding up. Also, that LLC previously forfeited its charter under the Tax Code for failure to pay its franchise taxes. I'm wondering if, under the Texas... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 13, 2021

It depends on whether there are unpaid debts and what assets there are that need to be sold or distributed. For example, if the LLC owns real estate, at present, no one is able to sign a deed for the LLC, and reinstatement would be necessary; if all that's left is some office furniture and... Read more »

1 Answer | Asked in Business Law for Texas on
Q: Can a public place, for example, Starbucks, refuse to allow non-paying customers the ability to use their restroom?

I remember watching the video of the two men who were waiting for their friend in a Starbucks and one politely asked to use the restroom. He was told no, you’d have to purchase something to use the restroom, for paying customers only. So I was just wondering is it legal for a business to refuse... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 4, 2020

Yes, it's legal, and some businesses will insist on it to avoid becoming just a public restroom.

1 Answer | Asked in Employment Law, Business Law, Collections and Constitutional Law for Texas on
Q: How do I collect on a case that was granted in my favor in court. And is still growing interest

The company never showed up for court after being served they moved the company on the same day

Teri A. Walter
Teri A. Walter answered on Dec 3, 2020

There are several things that need to happen. The first is usually to prepare (or request the clerk to prepare) an abstract of judgment and record it in the real property records in any county where your judgment debtor owns (or may own) real property. Next, see if you can determine what assets... Read more »

1 Answer | Asked in Business Law and Contracts for Texas on
Q: Is there a place in the HOA contract that states how much the dues can go up to; top out at?
Teri A. Walter
Teri A. Walter answered on Nov 25, 2020

Typically, no. That's in part because HOAs are expected to last over many years, and they will want to be able to adjust the dues to account for inflation, or additional or increased expenses of maintaining the common areas.

1 Answer | Asked in Intellectual Property, Employment Law and Business Law for Texas on
Q: Do I have a case to sue for damages based on a violation of my intellectual property rights?

I agreed, verbally and via written contract, to teach my copyrighted workshop at a six-week summer program. My boss filmed all the program’s classes and sold them to virtual students for an indefinite period of time after the six-week program ends. This was not included in the written contract,... Read more »

Allison Higgins
Allison Higgins answered on Nov 23, 2020

You may have a case, but an attorney would need more details to give a more definite answer. For example, was the program created before or during your employment? There may be some work for hire issues that need to be sorted out.

It also would depend if there is an integration clause in...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Texas on
Q: Can I sue a deceased person in small claims court if the probate has just been initiated?

The deceased person never fulfilled their obligation, and we signed a contract. She was the sole owner of the business and the probate process has just been initiated by her husband. The administrator has been assigned yet either. Could I still sue her business and her estate in small claims court?

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

The short answer is no - because there's no one alive to sue, and until someone is appointed to represent her estate, there is no one with authority to act for her. Once some one is appointed as executor or administrator, you can make a claim against the estate, and sue the executor or... Read more »

1 Answer | Asked in Copyright, Business Formation and Business Law for Texas on
Q: I have celebrities on my clothing brand. could I get sued?

I want to start a clothing business and I have celebrities on some of my clothing. could I get sued? if so how could I get around that? If I still decide to proceed with this particular design should I file for an LLC?

Allison Higgins
Allison Higgins answered on Nov 9, 2020

Hi there. Unfortuntely there is not a clear yes or no answer to your question without more information. It depends on how the celebrities are portrayed and if your products fall under fair use or satire exceptions, among other things. You should speak with a Texas trademark and copyright lawyer to... Read more »

2 Answers | Asked in Consumer Law, Business Formation and Business Law for Texas on
Q: Do I need to incorporate as a nonprofit to market my business as one when I won't be accepting donations or grants?

Hello!

I want to convert my marketing business into a nonprofit organization.

My mission is to utilize economic development to improve the conditions of local communities, creating successful small businesses that give back to the community.

That mission is obviously... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Nov 2, 2020

If you want to hold yourself out as a non-profit, then yes, you must be a non-profit. To become a non-profit, you must (1) create an entity with the Secretary of state and (2) file a 501(c)(3) application with the IRS. You cannot do this without an attorney and/or a CPA. Try to find an attorney who... Read more »

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3 Answers | Asked in Copyright, Business Law and Trademark for Texas on
Q: Can I send a cease and desist to someone who has a name similar to my company's even though my trademark is live

My trademark application is live and pending yet I recently realized someone with a similar name like mine, they just changed the last letter on the word, so instead of Y they replaced it with an E. So can I send a cease and desist even though my application is pending yet live? The other company... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 18, 2020

The use of a mark which is similar in sight and sound used for similar goods and or services is infringement. Is the other mark used for sale of similar goods and or services?

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1 Answer | Asked in Banking, Business Law and Consumer Law for Texas on
Q: Is there anything that can be done about car dealerships that offer “guaranteed financing” then they do not honor it?

Multiple dealerships locally offer “guaranteed financing” stating that there is no credit check, “your job is your credit”.. my ex wife ruined my credit. So when I needed a replacement work truck I went to several of these type of dealerships. Just for them to run my credit and turn me... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 6, 2020

The State of Texas is unique in that there is a division of the Attorney General's office that handles consumer protection issues. I would contact them.

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: Can payments made out to my actual name be deposited in the LLC bank account as a pass-through then pay myself a salary?

I'm an insurance agent hired as a 1099. I formed the LLC w/ S corp tax designation, but my agency can't pay my LLC unless it is licensed with the state. That requires I carry a 500k E&O policy, which costs approx. 1k/yr. Would I be able to deposit checks made out to my name into... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 6, 2020

I don't see any reason why you could not do this provided you 1) ensure your salary is reasonable based upon fair market comps 2) issue yourself a W-2 at year end 3) pay estimated payroll tax payments monthly (or bi-monthly depending on how often you are paid...ask an accountant) 4) file 940s... Read more »

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Texas on
Q: How do I protect myself from employee retaliation after reporting my boss for racial discrimination?

I work for a technology recruiting company in Texas. One of the Managing Partners discriminates against potential candidates based on national origin (Indian nationals, specifically, but I have also witnessed discrimination against African-Americans and people of Asian decent). I feel he is a... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 23, 2020

You should report the discriminatory actions of your boss to the Human Resources Department in writing. The HR department should then do an investigation into your complaints. The company, including the Managing Partner, is prohibited from retaliating against you for complaining about and... Read more »

1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: I was in lawsuit personal injury we settled out of court all hospital fees was paid but still have fees on credit report

I have hospital lien this lawsuit lasted 6 years personal property injury insurance paid but the collection agencies not take off my credit reports but hospital one been paid I've asked called tired calling asking them I told them all they have 5 days they said they will not be removed 6... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 15, 2020

A Texas attorney could advise best, but your question remains open for three weeks. This could be a difficult matter because the bills appear to go back a number of years. Based on the information, it's difficult to say why the bills went into collection - was it coverage issues, medical... Read more »

1 Answer | Asked in Divorce, Family Law and Business Law for Texas on
Q: I'm filing for a divorce, my husband owns his own company, it is a S corp for tax purposes, we file our person taxes

under the company am I liable for any law suites that might happen

Kelly Case
Kelly Case answered on Aug 14, 2020

Yes.

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, Contracts and International Law for Texas on
Q: Can I hire international contractors for video content creation for my online only business?

I want to start an online yoga studio that provides live classes and video library of the recorded live classes. For this, I plan on working with yoga teachers from around the world.

My question is, can I form my business as an LLC and hire them as independent contractors to provide me... Read more »

Jane Kim
Jane Kim answered on Aug 7, 2020

Yes.

A business can tap into sub-contractors' labor and may solely rely on sub-contractors. It signifies that you do not have much control over their work. A good overview of what factors would be considered an independent contractor v. employee can be found here-...
Read more »

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