Delaware Questions & Answers by Practice Area


Delaware Questions & Answers

Q: Would this situation be considered trademark infringement? Details provided. Thank you!

2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Answered on Jun 4, 2018
Benton R Patterson III's answer
The USPTO may deny the application based on the conflict with your registration. I would continue to watch the application. If it is published for opposition, you may want to retain an attorney to oppose the registration. It is also possible that both trademarks can exist concurrently if the other company is truly a prior user.
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Q: Servere rashes on body from well water. Told landlord 2 months ago and nothing was done. What rights do I have?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jun 2, 2018
Salim U. Shaikh's answer
You must report report the matter to health dept. for thorough check up being a health hazard issue not only for you but whosoever come later.

Secondly, you must write him a formal letter + notice to move out and refund of your SD immediately;y so as to find another premises because of health issues due to rotten well water, get a medical report and also inform him of suing him for damages and expenses so incurred on treatment of skin allergies and move out due to his carelessness.
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Q: Incorporation in Delaware: trademark exists for company name but in different sector

2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Answered on May 31, 2018
Benton R Patterson III's answer
An attorney would need to review all the facts to answer this question. Here are some general observations that may be helpful.

The oil company trademark could be an issue if the products/services are similar. For example, if that trademark is for geo-location services and your software company provides something similar, it could be a problem. If you provide point of sale systems and the oil company's trademark is for drilling contracting, you are likely fine. US trademark...
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Q: hello, yes i was a tenant that was paying rent to a lady that was subletting & not the real owner of the house .

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on May 30, 2018
Salim U. Shaikh's answer
Yes, you must sue her for misrepresentation, collection of rent, etc. fraudulently.
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Q: Early-terminated lease, paid 3+ months rent and non-ending. How can I push the landlord to re-rent it or reduce my loss?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on May 13, 2018
Salim U. Shaikh's answer
Expecting that you formally delivered notice to terminate lease as given in terms of lease, moved out and handed over possession to LL, you are thereafter not required to pay rent for apartment which you do not possess nor stay. LL cannot demand rent for period till it is re-rented. As you indicated that it is still vacant for whatever reasons it may be, however, it is evident that that apartment was not worth living or ideally located, hence LL was over-charging the rent.

You are...

Q: overstayed B1 visa (24 years). Left volunt. US in 2010. Does the 10 year bar apply. Can I get a waiver?

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 9, 2018
Carl Shusterman's answer
Yes, you are subject to the 10-year bar.

Currently, immediate relatives of U.S. citizens who have accrued a certain period of unlawful presence in the United States are barred from returning to the United States for as long as 3 or 10 years if they leave the country. However under the provisional I-601 extreme hardship waiver your foreign national spouse may not need to leave the United States to apply for the hardship waiver.

Immediate relatives can obtain a waiver of the...

Q: Hi, I am f1 visa OPT EAD and I have american business man wants to sponsor me green card. What are the requirements ?

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 9, 2018
Carl Shusterman's answer
PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment.

To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position.

The employer must be prepared to hire the foreign worker on a full-time and permanent...

Q: Pregnant and giving birth in the states.

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 8, 2018
Carl Shusterman's answer
Yes, there could be a problem in you being readmitted to the US since you had a baby here on your tourist visa.

Q: I just got my LCA approved for my PREM application through EB2 green card application.

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 8, 2018
Carl Shusterman's answer
Yes, under section 202(b) of the INA, you should be able to use Pakistan as your country of changeability.

Q: Trademarks and Infringement

1 Answer | Asked in Trademark for Delaware on
Answered on Mar 15, 2018
Benton R Patterson III's answer
You can use the word Nike to describe genuine Nike products. You just cannot call your own shoes Nike, or something similar in sound, shape, or appearance.

Q: I was backed into while parked. There was no damage to the cars but today I'm in pain. There was no report made that day

1 Answer | Asked in Personal Injury and Car Accidents for Delaware on
Answered on Feb 26, 2018
Peter Munsing's answer
I have had several. Problem is if no damage it'll be uphill. Consult a member of the Del Assn for justice--they give free consults.

Q: My yearly lease ends at the end of this month & my landlord states i will automatically be placed on month to month..

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Feb 26, 2018
Salim U. Shaikh's answer
If LL offer a month to month lease it may be fine provided it suits your requirement e.g. 60 days notice from either side to vacate the premises. Seek clarity as to how will LL calculate 60 days. Whatever is agreed, should not hurt you at the end. Your agreement should contain all these terms of the lease.

Q: In 2016 I was in a car accident , i was hit near the passenger side wheel, after I observed duties at a stop sign,

1 Answer | Asked in Car Accidents and Traffic Tickets for Delaware on
Answered on Feb 14, 2018
Peter Munsing's answer
Look at the statute and argue you did what it said. Presumably you came out and someone hit you. If they didn't have a stop sign too they have the right of way.

Q: Ch 13 discharged 6/17. One of student loans was reopened 10/17. Getting calls from another closed one.Can they open now?

1 Answer | Asked in Bankruptcy for Delaware on
Answered on Jan 31, 2018
Nels Hansen's answer
Congratulations on completing your chapter 13, very few people accomplish what you have achieved. In order to discharge the student loan, you will have to file an adversary in addition to a bankruptcy and prove the student loan is an undue hardship. This is easier said than done. When you file bankruptcy Federal Student Loans are put into forbearance. Once your bankruptcy is dismissed or discharged they are taken out of forbearance. Student loans also continue to accrue interest while you were...

Q: My ex died with no spouse, will, estate or rep and owed child support. Can our kid get his annuity before his mom?

1 Answer | Asked in Child Support and Estate Planning for Delaware on
Answered on Jan 17, 2018
Kenneth V Zichi's answer
If he owes back child support, and the annuity will pass through probate you can make a claim against the estate for the child support.

The process is complicated, and if your children are all minors their interest in the estate needs to be addressed, and FURTHER if there was a beneficiary names and the annuity won't pass through probate there are additional issues.

Seek local legal help -- your divorce attorney probably knows how to best address the system in your area -- and...

Q: If you were given lifetime right of occupancy in residential property & it is sold without your consent - any recourse?

1 Answer | Asked in Estate Planning for Delaware on
Answered on Jan 12, 2018
Kenneth V Zichi's answer
I am assuming your grandmother has passed, because up until that point SHE can change the will and do something different, sell her house or otherwise do what you mention here without any issue.

If she has passed, was the will properly probated and the property transferred to you and your uncle according to the terms of the will? If so, then the REMAINDER interest in the house subject to your life 'lease' COULD be sold, but that won't impact your right to reside there. If it was not...

Q: Can I sue if a mini butane torch exploded in my face?.

1 Answer | Asked in Products Liability for Delaware on
Answered on Dec 23, 2017
Peter Munsing's answer
go to an ER if you have any concerns about corneal burns/pain in the eyes. Follow up with a dermatologist on burns.

You can sue but that's expensive. First--save any and all items in use--the piece the filler.

Also all packing, receipt etc--put it in a box or bag.

Notify the company--you wouldn't want it to happen to anyone else. Notify the CPSC.

However product cases are extremely expensive so if you don't have horrible injuries may not be worth the effort....

Q: Can my landlord require me to allow a potential "investor" access to the home if he is not there with him at the time?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Dec 5, 2017
Salim U. Shaikh's answer
As you are aware of LL's selling of home where you live in, who may authorize someone (buyer/investor) to visit in and out of your rented home to look and assess its condition, etc. etc. Presence of LL is not mandatory. However, you can convey your concerns to LL that you must have informed of full details of person(s) whosoever visit your home is subject to your availability between xxx time to xxx time xxx days and that too reservation of time prior to visit must be fixed.

Q: Does the tenant pay for moving cost if the landlord needs them to move to a new unit due to extensive repairs.

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Nov 17, 2017
Salim U. Shaikh's answer
Depends on what your lease agreement say about it. In principle, landlord has to relocate you at the nearest point and all expenses thereon will be borne by him.

Q: I am relocating and gave 30 days notice, is the landlord allowed to charge for early termination?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Nov 7, 2017
Salim U. Shaikh's answer
If tenant has followed the terms and timeline given in lease in order to terminate lease, landlord is not allowed to charge for termination. Expenses on renovation etc. have to be incurred by landlord.

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