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2 Answers | Asked in Trademark, Arbitration / Mediation Law, Business Law and Intellectual Property for Hawaii on
Q: An ex-board member is using my trademark event name without my permission. Do I have standing to issue cease and desist

My family started a public event more than 40 years ago and I took over more than 10 years ago holding this event. I just started the process to trademark the event name. An ex-board member is using the event name and trying to hold the same event without my permission. Do I have standing to send a... View More

Sarah Teresa Haddad
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answered on Oct 14, 2024

If the ex-board member learned of the trademark while being a board member, (and the source of the trademark is the family board) and then the ex-board member started to use the mark unilaterally after leaving the board, then you may have grounds to issue a Cease-and-Desist letter. This may be due... View More

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1 Answer | Asked in Real Estate Law, Business Law and Civil Litigation for Hawaii on
Q: What are my options, if i'm being sued as a guarantor for a loan?

I signed as a guarantor for a loan, as well as I signed as the manager for an LLC that I owned. The loan was secured by a property that was owned by the LLC. The LLC sold the property in a quit-claim deed. To another person with the loans attached to the deed. With the understanding that the... View More

Anthony M. Avery
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answered on Sep 4, 2024

No lender gives money only to a single member LLC. Lender probably does not have to go after any collateral first in a guaranty, but that may be a defense. Deed in lieu of foreclosure may be an option. Breach of contract action against owner may be worth something. Consult with a competent HI... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Hawaii on
Q: How can companies legally use other patented products?

If a product is patented how are other companies able to produce similar if not identical products? For instance coconut oil is patented under 5108775 so how is it legal for thousands of brands of coconut oil using this same method? Or is it irrelevant if it is branded under something else?

Sean Goodwin
Sean Goodwin
answered on Sep 5, 2024

Patents also have a lifespan. Typically, a utility patent only lasts for 20 years from the date of filing the application. After that period, the patent enters the public domain and anyone in that country is free to make and use the technology described in the patent. The patent you referenced... View More

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2 Answers | Asked in Criminal Law, Real Estate Law, Constitutional Law and Government Contracts for Hawaii on
Q: Are Lawyer liable for improper fraud claims?
Tim Akpinar
Tim Akpinar
answered on Aug 13, 2024

A Hawaii attorney could advise best, but your question remains open for a week. Do you mean a claim based on factually fraudulent evidence, that the attorney knows to be false? Yes

Or do you mean a claim against a defendant that the attorney is basing on a theory of fraud (as in a...
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1 Answer | Asked in Family Law for Hawaii on
Q: If noncustodial father( lives in ga ) pays cs but has not had any contact with his daughter in over 2 years.

Ncp has been in jail for non payment of child support multiple times from his other children. He has no communication with our daughter and my husband wants to adopt her

Elizabeth S. Cuccia
Elizabeth S. Cuccia
answered on Aug 2, 2024

Under HRS §578-2 Consent to adoption. Consent for adoption may not be necessary under the following conditions:

(c) Persons as to whom consent not required or whose consent may be dispensed with by order of the court.

(1) Persons as to whom consent is not required:

(A) A...
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1 Answer | Asked in Gov & Administrative Law for Hawaii on
Q: No title vehicle. Want to buy

I want to buy a vehicle but it has no title and the last registered owner can't be reached. What do i do to get a title under my name?

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2024

A Hawaii attorney could advise best, but your question remains open for a week. This isn't really a product liability question (the category you chose for the post) - that category is more about injuries from defective products. But that's not important - with the title issue, you could... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Hawaii on
Q: Employer changed the "Location of Accident" on "WC-1 EMPLOYER’S REPORT OF INDUSTRIAL INJURY" is that against the law?

from a chemical contamination, air-polluted hazardous room to a breakroom.

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A Hawaii attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a workers' comp attorney, as a general matter, it could be. It depends on the setting - and whether it was done as an innocent correction (clerical related) or something... View More

1 Answer | Asked in Health Care Law for Hawaii on
Q: where to report fraud Medical Records in Hawaii? called several State Agencies, but no one knows where to report to.

please help. Thanks.

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A Hawaii attorney could advise best, but your question remains open for a week. If you mean issues dealing with the retrieval of medical records, state departments of health usually deal with those matters, such as setting caps on cost per page copies, retrieval fees, postage, HIPAA compliance,... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Real Estate Law for Hawaii on
Q: I was unfairly targeted by our HOA on miniscule house infraction, while others are not.

Believe this was because I always question their accusation and this is a form of retaliation. I have been served notice of foreclosure due to non payment of fines and lawyers fee. How can I protect my right as homeowner and a senior citizen of 77 years old, living alone on SSI. I have lived in... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a difficult and stressful situation you're facing. As a senior citizen on a fixed income, dealing with potential foreclosure is especially concerning. Here are some steps you may want to consider:

1. Review your HOA's governing documents and bylaws to ensure they followed...
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1 Answer | Asked in Bankruptcy and Employment Law for Hawaii on
Q: I worked for hawaiian Springs. They owe me several paychecks. If they filed for bankruptcy am i able to get money?
James L. Arrasmith
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answered on Jun 26, 2024

To answer this question, let's break down the key points and provide some general information about employee rights in bankruptcy cases:

1. Unpaid wages: You mention that Hawaiian Springs owes you several paychecks.

2. Bankruptcy filing: The company has filed for bankruptcy....
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1 Answer | Asked in Personal Injury, Child Custody, Civil Rights and Constitutional Law for Hawaii on
Q: Can I file the fraud on the court and habeas petition As one document

Minor petitioners

James L. Arrasmith
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answered on Jun 22, 2024

Based on the Constitution and legal procedures in the United States:

Filing a fraud on the court claim and a habeas corpus petition as a single document is generally not recommended, as these are separate legal actions with different purposes and requirements:

1. Fraud on the court:...
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1 Answer | Asked in Criminal Law and Federal Crimes for Hawaii on
Q: Can probation get revoked if they got arrested? Arrested isn't convicted

Just because someone got arrested that doesn't mean they picked up a new charge because they were not yet convicted. Would that be grounds for probation revocation or modification?

James L. Arrasmith
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answered on Jun 22, 2024

Getting arrested while on probation can potentially lead to probation revocation or modification, even if the person hasn't been convicted of a new charge. Here's a breakdown of the situation:

1. Probation conditions: Most probation agreements include a condition that the...
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Q: file complaint of discrimination; kicked off from break room; signed a Chemical contained room; got sick since, accused

After I filed a complaint of discrimination; my employer kicked me off from the break room I was using; signed me a men's restroom for my bag and food, I carried my bag with food and work at same time for a week. then my employer signed me to use a Chemical contained, air polluted room; I got... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, it appears you may have grounds for multiple legal claims against your employer. Here's a general overview of potential steps you could take:

1. Document everything: Keep detailed records of all incidents, communications, and any evidence...
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1 Answer | Asked in Civil Litigation for Hawaii on
Q: Breach of Contract? Conversion? Bailment?

A ‘friend’ agreed to store a footlocker for me while I was away. While I was away for four years we stayed in touch however when I returned he said he no longer had the footlocker. In the state of Hawaii does this violate any laws?

Tim Akpinar
Tim Akpinar
answered on Jun 12, 2024

A Hawaii attorney could advise best, but your question remains open for three weeks. It looks like a bailment. Conversion usually requires intent, which isn't detailed in your post. So unless there is further information about acts that indicate something about your friend's state of... View More

1 Answer | Asked in Workers' Compensation for Hawaii on
Q: Can any federal entities adjust the net amount I will be compensated relating to work injury sustained on the job?

Federal entities eg.

:child support

:Owed Taxes

:Student Loans

James L. Arrasmith
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answered on Jun 5, 2024

Yes, certain federal entities can adjust the net amount you will be compensated for a work injury sustained on the job.

For example, if you owe child support, the government may withhold a portion of your compensation to cover those obligations. Similarly, if you have unpaid taxes, the IRS...
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1 Answer | Asked in Personal Injury and Civil Rights for Hawaii on
Q: 1 sister has home sec. cams in lvng room to watch mom (99ys) while she is at work. Other sis picks mom up turns cams aro

Sister 2 covers cameras or turns them around. Is this considered damage ? What kind of recourse does sister 1 have to prevent sister 2 from disabling cameras? Is there a reasonable expectation of privacy in a living room? Which extends to someone allowed in the home for a specific purpose only?... View More

James L. Arrasmith
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answered on Jun 3, 2024

If your sister turns the cameras around or covers them, it might not be considered damage unless the cameras are broken or malfunctioning as a result. However, it does interfere with your ability to monitor your mom, which can be concerning, especially if her safety is at risk.

You can...
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3 Answers | Asked in International Law for Hawaii on
Q: I need advice on factors to consider in accepting a minor ownership and board seat on a new African mining company.

This U.S educated African friend is in the process of starting his own mining company after discovering the gemstone Sugilite and raw copper & manganese on his property and in adjoining tribal lands. My concern is tax and personal property liabilities I need to be aware of as a U.S. citizen.

James L. Arrasmith
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answered on Jun 1, 2024

When considering a minor ownership and board seat in a new African mining company, you should be aware of several key factors, especially concerning tax and personal property liabilities. As a U.S. citizen, you are subject to U.S. tax laws, which means you must report and pay taxes on worldwide... View More

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3 Answers | Asked in International Law for Hawaii on
Q: I need advice on factors to consider in accepting a minor ownership and board seat on a new African mining company.

This U.S educated African friend is in the process of starting his own mining company after discovering the gemstone Sugilite and raw copper & manganese on his property and in adjoining tribal lands. My concern is tax and personal property liabilities I need to be aware of as a U.S. citizen.

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

This question deserves more detailed attention than is possible on a public forum. You would probably need guidance outside this forum, since this forum deals largely with U.S. law and courts. You could consider reaching out to attorneys to learn about liability issues you mention having concerns... View More

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1 Answer | Asked in Tax Law for Hawaii on
Q: What are policies , procedures and laws for tax levies for Hawaii for GET and State tax

Do IRS laws apply to Hawaii for income taxes?

James L. Arrasmith
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answered on May 5, 2024

Here is a summary of key policies, procedures and laws related to tax levies for Hawaii's General Excise Tax (GET) and state income tax:

General Excise Tax (GET):

- The GET is a privilege tax imposed on business activity in Hawaii. It is not a sales tax.

- The standard...
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1 Answer | Asked in Tax Law for Hawaii on
Q: Is there a statute of limitation for assessments or audits of Hawaii GET taxes

I didn’t realize I needed to file GET for Hawaii but did file my 1099s as income for state income taxes. If I had filed GET, there is 3 year statute of limitations but it seems ambiguous if the statute applies since I unknowingly did not file. Since I filed my 1099 for state income, I think... View More

James L. Arrasmith
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answered on May 5, 2024

In Hawaii, the statute of limitations for assessments or audits of General Excise Tax (GET) can vary depending on the circumstances.

1. General rule: If you filed your GET returns, the Department of Taxation has 3 years from the due date of the return or the date the return was filed,...
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