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Hawaii Business Law Questions & Answers
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 Business Formation, Business Law, Intellectual Property and Trademark for Hawaii on
Q: I need to get my trademark registered back in my name ASAP
James L. Arrasmith
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answered on Dec 4, 2023

To regain a trademark that was previously in your name, the first step is to understand how and why the trademark is no longer under your ownership. If the trademark was inadvertently abandoned or transferred to someone else, the specific circumstances will dictate the course of action.

If...
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1 Answer | Asked in Contracts and Business Law for Hawaii on
Q: CAN I JUST FIND A KIND OF COURT CASE , RATHER THAN GIVING PARTY NAME AND JUDGE? I NEED TO FIND CASE LAW ON A SUBJECT.
Tim Akpinar
Tim Akpinar
answered on Oct 31, 2024

A Hawaii attorney could advise best, but your question remains open for a week. It isn't fully clear what your setting is, whether you are a litigant in court, a student conducting legal research for educational purposes for a school assignment, or you're simply trying to resolve an... View More

1 Answer | Asked in Business Law and Contracts for Hawaii on
Q: I have a contract (in English) from a surfboard company in Portugal. Is there anyone there familiar with Portugese law?

This contract seems fishy.

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2024

A Hawaii attorney could advise best, but your question remains open for two weeks. You may need to go outside this forum for guidance on Portuguese law - this is basically limited to U.S. law. Good luck

1 Answer | Asked in Business Law and Real Estate Law for Hawaii on
Q: To fill a vacancy on the condo BOD, the directors plan to appoint a person to serveuntil February 2025. Is it legal?

Until a year after the next annual meeting of owners in February 2024.

T. Augustus Claus
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answered on Sep 27, 2023

Board of Directors (BOD) appointments in a condominium are generally guided by the association's bylaws and applicable state laws. If the bylaws permit the BOD to appoint someone until the next annual meeting, this could be permissible. However, this would need to be cross-referenced with... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Business Law and Civil Rights for Hawaii on
Q: Can my employer which is a corporation be admin. dissolved or dissolve the company after I filed a lawsuit on them?
Robert Kane
Robert Kane
answered on Aug 26, 2023

Was your "employer which is a corporation [ ] admin. dissolved or dissolve the company after [you] filed a lawsuit on them?" Are you preparing or reacting? How it is dissolved makes a difference. To answer your question, yes. What you need to do depends on the situation.

1 Answer | Asked in Business Law and Health Care Law for Hawaii on
Q: Is wearing a mask legally required in a place of business for Hawaii residents?
Tim Akpinar
Tim Akpinar
answered on Jun 19, 2020

A Hawaii attorney is best qualified to answer your question, but your post remains open for three weeks. Until you are able to consult with a local attorney, the general consensus throughout the nation during this pandemic appears to support businesses requiring the wearing of masks. If you are... View More

1 Answer | Asked in Business Law for Hawaii on
Q: Hi I have basically recreated a picture of an elephant I saw on shutter stock for my business logo. Am I ok legally?
Tim Akpinar
Tim Akpinar
answered on Nov 23, 2019

Try reposting in the Copyright and Trademark sections. This is something practitioners in those areas would know about. Good luck

Tim Akpinar

1 Answer | Asked in Banking, Business Law and Consumer Law for Hawaii on
Q: I was tricked into wiring nearly $60K of my retirement money to JP Morgan Chase Bank in New York. Will Reg. E help me?

I've notified all appropriate government agencies about the "theft." Research tells me Regulation E may cover me under these circumstances but I need an attorney's advice. Is there an attorney on the Big Island that I can consult about consumer bank law?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 13, 2019

You should use the Find a Lawyer tab located at the top of every page here on Justia.

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Hawaii on
Q: do I need a music licence to play music spotify in the restaurant i own?

is a music licence required for me to play any type of streaming audio at my establishment?

Benton R Patterson III
Benton R Patterson III
answered on Jun 28, 2018

Yes, you must have a license to play streaming audio publicly.

1 Answer | Asked in Business Formation, Business Law, Contracts and Personal Injury for Hawaii on
Q: Do I need to have insurance if my online personal training client signs a liability release form and informed consent?

I am starting an online personal training and nutrition programming business, I am wondering which legal documents are required to protect me and if I need insurance if I have the client sign the correct documents.

Peter N. Munsing
Peter N. Munsing
answered on Feb 6, 2017

I hope you had a professional in insurance defense look at your release and waivers. The problems inherent in your business if you are doing nutrition, excercise, don't necessarily review doctor reports, especially if you don't have a degree in either are daunting. Insurance, being a... View More

2 Answers | Asked in Employment Law, Personal Injury, Insurance Defense and Business Law for Hawaii on
Q: Is licensure required to practice Biomechanics, particularly Forensic Biomechanics, in the state of Hawaii?
Peter N. Munsing
Peter N. Munsing
answered on Aug 16, 2016

Depends on what the person is doing. For many aspects of engineering you don't need to be a licensed P.E.

As to "forensics" that will depend on whether a Court recognizes the individuals training, experience and background.

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1 Answer | Asked in Business Law for Hawaii on
Q: I believe I was wrongfully removed from an LLC without my knowing. I was a 50% member of the LLC. What are my options?
Adam Studnicki
Adam Studnicki
answered on Feb 4, 2016

Talk to a local business litigation lawyer about the details.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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