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Massachusetts Questions & Answers
2 Answers | Asked in Trademark, Patents (Intellectual Property) and Intellectual Property for Massachusetts on
Q: Someone has applied to get the Trademark & USPTO of a Mark Drawing I designed for a pro deck & did not ask for permissio

I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More

James L. Arrasmith
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answered on Oct 24, 2023

If someone has applied for a trademark registration with the USPTO using a mark you designed without your permission, you may have rights to challenge the application or subsequent registration. First, having proof of your original design, such as digital prints and email correspondence, is... View More

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2 Answers | Asked in Trademark, Patents (Intellectual Property) and Intellectual Property for Massachusetts on
Q: Someone has applied to get the Trademark & USPTO of a Mark Drawing I designed for a pro deck & did not ask for permissio

I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More

Fritz-Howard Raymond Clapp
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answered on Oct 22, 2023

The trademark application you cite is for the text FROM HER TO ETERNITY, without any graphic element or stylized font, so whatever you designed is not at issue in the trademark registration.

If the design you created is being used on merchandise or related materials such as advertising,...
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1 Answer | Asked in Collections for Massachusetts on
Q: If a magistrate orders you to pay an amount by a certain date or he will hold you in contempt and you send in paperwork

Showing wife is under Massachusetts income protection law and your indigent can the magistrate still hold you in contempt?

T. Augustus Claus
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answered on Oct 20, 2023

If a magistrate orders you to pay a specific amount by a certain date, and you submit paperwork showing that your wife is protected under Massachusetts income protection laws and that you are indigent, it's possible that the magistrate may reconsider the order. Magistrates often have the... View More

1 Answer | Asked in Social Security for Massachusetts on
Q: Can I receive an unrelated cash settlement and still be eligible for SSI/SSDI

I have become disabled and am waiting for SSI/SSDI. I am putting in a second appeal. Over the summer I won a class action suite for a decent sum. If I were to cash that sum, would I be disqualified for SSI/SSDI? Also, I am moving to subsidized housing in Orange MA.

James L. Arrasmith
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answered on Oct 18, 2023

SSDI eligibility is based on your work history and medical condition, and is not impacted by assets or unearned income like a cash settlement.

SSI, on the other hand, is a needs-based program.

If you receive a cash settlement, it may affect your SSI eligibility because SSI...
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1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: I been living with my sick mom at my aunts rented place can my aunt just kick me out. I am not on the lease
T. Augustus Claus
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answered on Oct 13, 2023

In Massachusetts, landlords are generally not allowed to evict tenants without a good cause. This means that your aunt would need to have a valid reason for kicking you out, such as non-payment of rent or a violation of the lease agreement. If your aunt does not have a good cause for evicting you,... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Can a landlord sue former tenants for "lease violations" after the tenants moved out and the lease period has ended?

For example, if the landlord is claiming lease violations during the tenancy, but did not give any notice to vacate, file any suit, or file for eviction during the tenancy, can the landlord still sue the tenants after the lease period has ended? This would be under Boston, MA laws.

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

Yes, if the lease violations caused compensable damages. For example, if tenants failed to change the filters on an HVAC unit and it caused damage to the unit, or if the lease did not allow pets but the tenants' pets damaged the carpet, doors, walls, window shades, etc.

2 Answers | Asked in Contracts, Family Law and Landlord - Tenant for Massachusetts on
Q: Co-tenants signed lease together and are breaking up.

Our daughter and boyfriend signed a housing lease. 4 months remain. Our minor grandson (10) visits and stays in his own room on the weekends. The boyfriend states his financial obligation moving forward, will be 1/3 of the rent. The boyfriend did make less money than our daughter when they signed,... View More

Christopher Tolley
Christopher Tolley
answered on Oct 4, 2023

I assume the lease states your daughter and the boyfriend are 'jointly and severally' liable for the rent. This means that each is liable for the entire rent. In the event of dispute, the landlord can seek the entire rent from either your daughter or the boyfriend or both. I don't... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: I live in Massachusetts and have a divorce agreement that states I have to breathalyze for my ex husband at 7am and 3pm

I did not do it this passed weekend. Can he take my children away?

T. Augustus Claus
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answered on Oct 3, 2023

If your divorce agreement includes specific requirements like breathalyzer tests and you fail to adhere to them, the other parent might use this as a basis to request a modification of custody or visitation arrangements. However, taking the children away would typically require a court order. If... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Serve water damage 8/26 till waiting for repairs due to neighbors negligence. Landlord waiting on renters insurance . My
T. Augustus Claus
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answered on Oct 3, 2023

If your living conditions are affected by the delay in repairs and it's due to your neighbor's negligence, you may have grounds to pursue a claim against the neighbor or even the landlord if they're not taking timely action. Document all interactions and damages for any potential claims.

1 Answer | Asked in Car Accidents for Massachusetts on
Q: My fiance was involved in a hit and run. There is no damage to my vehicle and she didn't even know she hit the other car

The other drivers taillight was broken. Weve received a few phone calls from the investigating officer saying that there will be a warrant put out for her arrest. She has multiple medical conditions, a heart condition, seizures almost every day, she would die in jail. How do we fix this without her... View More

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2023

A Massachusetts attorney could advise best, but you're going to lose valuable time under the "Car Accidents" heading. This is something to discuss with a criminal defense attorney. Car accident attorneys don't deal with these settings - criminal defense attorneys do. You could... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: My employer talked about my restraining order with someone who no longer works at the job. Is that legal?
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answered on Sep 25, 2023

In Massachusetts, discussing an employee's restraining order without explicit consent could potentially be considered an invasion of privacy or even harassment, depending on the context and how the information is used. Some restraining orders may include specific provisions regarding... View More

1 Answer | Asked in Gov & Administrative Law, Real Estate Law and Appeals / Appellate Law for Massachusetts on
Q: My brother missed a court hearing in Massachusetts and he was placed in receivership. He was never got the letter.

How does he appeal the decision?

T. Augustus Claus
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answered on Sep 21, 2023

In Massachusetts, if your brother missed a court hearing and was subsequently placed in receivership, but never received the letter notifying him of the hearing, he should consider seeking legal advice as soon as possible for the specific steps to take in his situation. Generally, he might be able... View More

2 Answers | Asked in Immigration Law for Massachusetts on
Q: My wife is on H4 visa. If she transfers to a J1 visa, will she become ineligible for the AOS to green card during I-485?

Hi,

I am an H1B holder and my wife is a H4 holder currently. My employer has started processing my green card application which is at the PWD step(filed in May this year). So if everything goes well, given the current timeline, the I-140 will be processed(with Premium Processing) by the end... View More

James L. Arrasmith
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answered on Sep 21, 2023

1. If your wife switches to a J1 visa, she may become subject to the two-year home residency requirement, which could affect her eligibility for Adjustment of Status (I-485) based on your green card application. Consult with an immigration attorney to explore potential waiver options if she becomes... View More

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: My wife is on H4 visa. If she transfers to a J1 visa, will she become ineligible for the AOS to green card during I-485?

Hi,

I am an H1B holder and my wife is a H4 holder currently. My employer has started processing my green card application which is at the PWD step(filed in May this year). So if everything goes well, given the current timeline, the I-140 will be processed(with Premium Processing) by the end... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 19, 2023

1. Wife needs to get approved for a J1 waiver before she will be approved for I-485

2. Even if she switches to H4, she still needs to fulfill the 2 yr home residency requirement or get approved for a J1 waiver before she will be granted LPR status

3. You can sponsor your wife for a...
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3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
T. Augustus Claus
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answered on Sep 19, 2023

Certainly, you can potentially trademark the phrase "don't panic, it's organic." However, the success of your trademark application will depend on factors such as its distinctiveness, its use in commerce, the likelihood of confusion with existing trademarks, and whether it meets... View More

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3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
David Aldrich
David Aldrich
answered on Sep 20, 2023

If you are just using this as a slogan, you cannot trademark it. However, if you are adopting it as the brand under which your products will be sold, then yes, you can file for a trademark application.

If you do file, and assuming this is for food products, it could possibly receive a...
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3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
James L. Arrasmith
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answered on Sep 21, 2023

Trademark registration eligibility depends on various factors, including whether the proposed mark is distinctive and not merely descriptive. "Don't Panic, It's Organic" may be registrable if it is not considered generic or overly descriptive for the goods or services you intend... View More

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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Massachusetts on
Q: My lease reads no dogs. My tenant told me after the lease was signed on September-1-2023 she has a ESA dog for emotional

and stress. Can I do anything about this now. The tenant told me I could not. She Lied on the lease.

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

It is illegal under federal law to discriminate in providing housing to any disabled person because they have an emotional support animal. You can request appropriate medical documentation from the disabled tenant confirming that they are actually disabled and that they require the services of an... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: As a disabled veteran married for 28 years , if I divorce my wife in Massachusetts do I have to pay her part of my

Disability no children are involved just a house. I get social security Disability and veteran disability.

T. Augustus Claus
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answered on Sep 13, 2023

In Massachusetts, disability benefits such as Social Security Disability and veteran disability benefits are typically considered separate property and are not subject to division during divorce. However, the division of marital property, including assets like the house, is determined by the... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If a 209A order is issued, never violated, subsequently vacated, does the recipient now have a probation record?
Michael A. Contant
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Michael A. Contant
answered on Sep 7, 2023

The short answer is that you will not have a criminal record for the MGL c. 209A restraining order that was never violated. It is civil in nature and does not appear on any criminal record, including a BOP, CORI, CARI, etc. However, Massachusetts has developed a separate record system for... View More

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