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Delaware Questions & Answers
1 Answer | Asked in Tax Law for Delaware on
Q: Can I use the tax treaty between the US and Portugal to pay taxes only in my home country?

I recently incorporated a LLC company in Delaware. I'm a Portuguese citizen living in Portugal. The products we sell are manufactured in the USA by a third party manufacturer, then shipped to a USA third party fulfillment center, and from there shipped to our customers. I don't own any warehouses,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 24, 2019

Free practical advice offered for the last 41 years to people starting or operating their own small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small...
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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Delaware on
Q: What is the cost to protect an invention and what documents do i need to provide?
Sean Erin Serraguard
Sean Erin Serraguard answered on May 1, 2019

The cost to have a professional draft an application can be as low as 4-5k and dramatically higher if you go through large firms. Filing the application will cost about 1720, unless discounts for small entity or micro entity apply. For filing, the main things you'll need are the complete... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Delaware on
Q: We haven’t had water continuosely for a period of 5 months. They wont fix. What are my legal remedies.

Well water, pump in landlords basement. Some days water is off for 13 hours, it’s now a daily occurrence. I’ve mailed landlord a registered letter. Rent paid on time for 12 years. Do I put rent in escrow account? A friend of mine would have fixed it for them, they refused. They are now angry... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

This is not (yet) a legal issue. This sounds like a problem best looked into by your county health department.

1 Answer | Asked in Business Law, Trademark and Intellectual Property for Delaware on
Q: Do I need to change my business name?

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... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos 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... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Delaware on
Q: Application 20150060259 has been granted! But I do not see the granted patent here, why?
Peter D. Mlynek
Peter D. Mlynek answered on Mar 26, 2019

I do not speak for Justia. For any problems with this site, you are going to have to contact Justia owners directly, and not post it here on Ask a Lawyer.

But to answer your question: Application 14/532,102, titled Systems and Methods for Alcohol Recovery and Concentration of Stillage...
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1 Answer | Asked in Intellectual Property for Delaware on
Q: Any updates? The application has been granted but not shown here
Griffin Klema
Griffin Klema answered on Mar 18, 2019

You don't identify what you are talking about, so we can't help you.

1 Answer | Asked in Bankruptcy for Delaware on
Q: where can I find archives of the Delaware code from 1985?
Timothy Denison
Timothy Denison answered on Mar 10, 2019

Your local law library it possibly online.

1 Answer | Asked in Bankruptcy for Delaware on
Q: Can I ask the debtor questions at the bankruptcy trial?

I am a creditor in a bankruptcy case. I put a motion in to have the case dismissed on several grounds, bankruptcy fraud, repetitive filings etc. the Trustee also filed a motion to dismiss the case. We have an upcoming trial. Will I have the opportunity to ask the debtor questions on the stand?

Timothy Denison
Timothy Denison answered on Feb 13, 2019

Yes, either at the 341 creditors meeting, the trial, or both.

2 Answers | Asked in Constitutional Law for Delaware on
Q: Someone suggested to prevent shoplifting at retail establishments that merchants should have all customers stand on

a scale upon entering and exiting. Would this be a violation of the 4th Amendment?

Tim Akpinar
Tim Akpinar answered on Feb 9, 2019

It's an interesting question. Criminal law attorneys are the ones who know the Fourth Amendment best. The Fourth Amendment essentially provides protection to people against unreasonable searches. Constitutional law scholars might argue either side of the issue. It doesn't seem like something on... Read more »

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2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Delaware on
Q: If the opposing party claims I didn't properly preserve the evidence of my car accident case, does that mean my case

can't proceed to trial?

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 21, 2018

Do you have photos of the damage to your vehicle? This should be sufficient in most instances. Get an attorney on the case, especially if it just occurred.

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1 Answer | Asked in Personal Injury for Delaware on
Q: Do you always get pain and suffering in an award?
Tim Akpinar
Tim Akpinar answered on Oct 21, 2018

It depends on the case. Pain and suffering is often a major component of personal injury awards. But there are cases where the damages only involve “economic losses,” comprised of things such as lost wages, medical bills, property damage, etc.

Tim Akpinar

1 Answer | Asked in Personal Injury for Delaware on
Q: In a Delaware Civil Jury Trial for Personal Injury where jury finds for Plaintiff, how can a just award be made ?

Why are juries finding for Plaintiff given so little (boardables) information - and then justly compensate the injured party for lost wages, permanent injury, pain & suffering, etc in addition to stated Medical bills?

Peter N. Munsing
Peter N. Munsing answered on Oct 2, 2018

Delaware juries are relatively conservative so obviously the evidence and testimony motivated them to provide full and fair compensation. If the verdict is excessive the defendant can file an appeal.

1 Answer | Asked in Workers' Compensation for Delaware on
Q: When your job is closing down, you sign your release papers to get your severance package is that release for open cases

Just trying to see if that closes a workmans comp case that's already open. I know i releases them from new ones but what about the ones still open?

Brian E Lutness
Brian E Lutness answered on Sep 13, 2018

It depends on the terms of severance package but ordinarily a workers compensation case requires approval from the Industrial Accident Board before it can be released. If you have open workers compensation claims please call me to discuss your case at (302) 547-7752.

1 Answer | Asked in Criminal Law for Delaware on
Q: I received an out of state subpoena in the mail. Do I have to attend? it's from MN and I live in Ohio

This subpoena is for me to testify. I witnessed a "violation of a no-contact order" for my friend who lived in MN at the time. I have always lived in ohio. Do I have to go to this court hearing?

Gary Kollin
Gary Kollin answered on Sep 11, 2018

Here are some answers which may help you

1 Answer | Asked in Workers' Compensation and Car Accidents for Delaware on
Q: In a car accident. The person at fault's insurance company wants my medical records sent to them. Should I send?

I was driving a State owned car at the time of the accident. I was hit from behind by driver on cell phone. The officer did not put the cell use in the report he also never asked if I needed medical attention. I drove myself to hospital afterwards. Two days later the person at fault's insurance... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 8, 2018

It is curious that an offer should be made without seeing the medical records.

You could consult with an experienced personal injury attorney to help you make a well-informed decision here. An attorney could advise you about the factors that are considered in determining the value of such...
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1 Answer | Asked in Contracts and Real Estate Law for Delaware on
Q: In Delaware, what are the costs of a buyer backing out of a purchase agreement for a home?
Vincent Gallo
Vincent Gallo answered on Jul 21, 2018

The executed Contract should contain those answers.

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Delaware on
Q: I have a bad mold issue. I have had it professionally tested and the results came back horrible. What is my next step?

The results for stratysbotrys and other toxic molds have came back in high numbers. I had swab samples and air testing both done. I have contacted the county, health department, fire marshal, attorney general and not one of them can seem to help me. My landlord is not cooperating with me at all... Read more »

Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Jul 5, 2018

You can sue the landlord considering you were under his premises while the mold accumulated! That is a premises liability suit depending on the time frame the mold was formed.

2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Q: Would this situation be considered trademark infringement? Details provided. Thank you!

In 2016 A partner and I formed a product oriented company. We spent months of planning and research to choose our company name and product name. We also consulted with two attorneys in choosing the product name. We proceeded to purchase a domain, file a Delaware trademark registration, and a... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jun 4, 2018

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... Read more »

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2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Q: Incorporation in Delaware: trademark exists for company name but in different sector


We are going to incorporate a software company in Delaware. There is a trademark for the same company name but in the oil in gas industry in Texas. Also doing a google search, we see that there are other business using the same name in the software sector, but they don't appear to have... Read more »

Benton R Patterson III
Benton R Patterson III answered on May 31, 2018

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...
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