An automatic stay to prevent a property from going to foreclosure will remain in effect until the bankruptcy court lifts the stay. If a debtor follows the bankruptcy protocal on a chapter 13 plan, the stay remains in force. There is no set time frame for the stay to be removed unless there is non...Read more »
The 1968 film "Night of the Living Dead" wasn't properly trademarked due to an error and ended up in the Public Domain. Various Comic book Characters from the Golden Age of Comics in the 1930s and 1940s also entered the public domain when their publishers went out of business. I just... Read more »
First, be generally aware there is a difference between 'registered' copyrighted works, works protected by copyright, and works with expired copyright protections, and 'works' without copyright protection.
Second, intellectual property is quite a bit like any other type...Read more »
The contract expires 3/8/2021. We notified the waste removal company that we intend not to renew the contract on 2/23/2021, but contract terms force us into renewal unless a certified letter was mailed on or prior to 1/8/2021. We are not happy with service, and we would like to avoid this ongoing... Read more »
If the hauler is not performing in accordance with the contract, notify it in writing of the deficiency. Perhaps you can terminate the contract if the deficiency is not cured. Without a copy of the contract, I am at a disadvantage in trying...Read more »
I am being forced out of an business in which i own 4% of in Michigan. The operating agreement currently states that you can be bought out only voluntarily, or under circumstances of bankrupty, death, etc. However, not involuntairy.
After bringing up we are not interested in selling, we... Read more »
Generally, Michigan LLC members, whether constituting a majority or minority have different rights. The operating agreement that you're referring to as well as the Michigan Limited Liability Company Act allocate such rights and procedures. Minority members do have some rights....Read more »
If we started a buisness with 5 people and one of the partners volunteer to leave and just wanted what they put in and we oked that in the contract and signed it to be paid evenly between the last 4 partners and the after 5 months 3 of the partners paid there portion already but the last partners... Read more »
It will depend upon the language in the contract you signed to buy out the first partner. If the contract says each remaining partner is reliable for his/her own share, then you're ok. If it says the business is responsible as a whole, you may have to pay and go after the non-paying partner...Read more »
There is no procedure for the state to accept a transfer to it of a membership interest in an LLC. It should be possible to resign as a member. You should consult with an attorney who can review the entire situation, and the accountant may be useful for advice as to potential tax consequences or...Read more »
Business Court. I need an attorney for limited scope representation to dismiss an action by a LLC against a Member of the LLC. The question is whether the LLC in its own name may sue a Member without 90 day notice in advance and under what circumstances.
The Michigan LLC Act does not require advance notice prior to a suit against a member. Does the operating agreement for the LLC so provide? If not, and unless the LLC was formed in a jurisdiction that has an advance-notice requirement, there is no such requirement.
LLC is suing a Member by another Member who has equal share. The defending Member is not representing LLC. Does Member being sued have to represented by counsel. If so, why, if the Member is not defending the LLC
The general rule in most states is that business entities, such as LLCs, must be represented by a licensed attorney in court. Individuals generally may appear pro se, meaning that they may represent themselves, in court proceedings and lawsuits.
I have a business called Crossnik Media. We are getting ready to run an introductory ad with the goal of getting some brand recognition for our new local business in Midland, MI. At the end, we say "Welcome to Crossnik Media", because throughout the ad, we're explaining our... Read more »
In order to give definitive advice to you I would want to know all of the facts, including your proposed use, but I can say for certain that the bank does not have exclusive rights to that the word "welcome". I don't see any possibility of confusion if you are using "welcome...Read more »
A Michigan attorney could advise best, but your question remains open for two weeks. As a starting point, without regard to any applicable state-specific laws, you could try to diffuse the person's anger by providing assurances you ceased and will continue to cease to use his person, his...Read more »
Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in...Read more »
People call the ph. number of xyz plumbing, a sole proprietor, by mistake. They want XYZ plumbing & mechanical LLC. Instead of xyz plumbing telling the person he has the wrong number, XYZ plumbing states falsely he is the "after hours" phone number for XYZ plumbing & mechanical... Read more »
First, confirm that XYZ Plumbing is registered to use the assumed name in your state and in your county. Michigan law requires that a sole proprietor or co-partnership file the business name (if different than the real name of the person) at the county clerk's office, and maybe also with the...Read more »
Congratulations on your new venture. I hope that it will be profitable for you.
And also congratulations about worrying about patents now, before you start the production and sales. Too many people ignore patents, spend lots of money on designs, tooling up, and manufacturing their...Read more »
Your situation is very much fact dependent. Did you have a contract or other written agreement containing non-compete clauses? Did he use anything to build his business that he would have only obtained through employment with you? (e.g. customer lists, processes). Last, did he actually do the job...Read more »
If you're asking as an agent, it might be best to comply with standard operating procedures provided in company handbooks. Even though the industry is fairly transparent and everyone knows each other's product lines and pricing, following company protocols is the best bet. Good luck
What is the relief you'd like to gain from making this an issue? Either the bill of sale is valid and all parties carry out their obligations, or it is voidable for some defect, the most likely remedy of which is that everything goes back to as if the transaction never happened.
I need to hire a lawyer for help with an employment contract. I've found one in town, but I live in a fairly small town. Should I ask the lawyer if my client is their client and avoid using that lawyer if that is the case?
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