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LLC filed a complaint against a MEMBER in the LLC on behalf of the LLC and the Judge said I have to have an attorney but a lawyer told me I don't need a lawyer because I am not defending the LLC
answered on Dec 3, 2020
Yes. The LLC is a separate entity that cannot represent itself and therefore must be represented by an attorney.
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... View More 
answered on Oct 19, 2020
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... View More
I used his Linkdlen profile without his permission in my sales presentation but I did not profit from using his likeness. He then said I was a fraud and con man to many other people.
He has now threatened to sue me. What is my best course of action?
answered on Sep 28, 2020
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... View More
The name of my business is GOAT Nails and I am wanting to make sure it is ok for me to use the acronym G.O.A.T.throughout my website.
answered on Aug 5, 2020
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... View More
They don’t think I can evict them and they have said they have no intention to move or pay rent I would evict them but I don’t think I can right now
answered on Jul 1, 2020
They (and you) are right. The moratorium on evictions is extended (currently) until July 15.
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... View More
answered on Jun 12, 2020
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... View More
There can also be other variantions of it made and i want that too all different sizes and shapes but it the same product
answered on May 5, 2020
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... View More
He secretly built the business during the 3 months of his employment with me.
answered on Mar 16, 2020
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... View More
answered on Feb 9, 2020
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
Tim Akpinar
answered on Dec 24, 2019
There appears to be no trademark under this name. That leaves Michigan (https://www.michigan.gov/lara/) conflicts of existing Michigan entities.
Also my husband name does not match his id
answered on Nov 18, 2019
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?
answered on Oct 25, 2019
It's not wrong to ask, but the lawyer is required to make that determination whether or not you ask.
We owned a Servpro restoration franchise. 2 years ago we sold our license instead of renewing, and went on our own. We took all labeling off the vehicles. Servpro is now telling us that we have to have the vehicles repainted. They do not have the color trademarked. The vehicles were never... View More
answered on Aug 9, 2019
The franchisor can make you stop using their trademarks. You may be correct that the color is not a trademark, but did you agree in the franchise agreement to comply with this request? If repainting is not covered by the agreement or by trademark law or by state competition law (which might be... View More
He’s in TX, originally the first check he sent me i guess cancelled because of FedEx had a problem with delivery. (VA=virtual assistant)
answered on Jun 21, 2019
Pardon my ignorance, but if you can tell me what a "va" is I might be able to give you some advice.
Licensed builder in the state of Michigan and fully insured. Recently completed a project for a developer who was building spec homes for resale. The developer had me submit several construction bid contracts which were accepted and payments issued for the work. I completed all work stated in the... View More
answered on Apr 30, 2019
Justia is a free online legal forum established to allow members of the general public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to a business lawyer of your choosing. If you have not... View More
I’m 15 and a tattoo artist told me that it’s the law that I have to be 16 to get a tattoo in Michigan.
answered on Apr 13, 2019
There isn’t an age minimum, but if you’re a minor you’ll need your parent to come with you to the tattoo shop and give permission.
Here is a link to Michigan’s law on tattooing minors.... View More
Manager-Managed LLC in Michigan. I am the Manager (80%), my daughters are silent partners (5% and 5%). We are presently using a UPS Store Mailbox as the business address, but the bank will not allow it. The bank suggests using my personal address.
answered on Apr 10, 2019
There is nothing wrong in using a home or personal address as a business address.
If I established a legal and credible business which used the same route and daily miles as regular full time job could I some how write regular miles off or a weekly %?
answered on Apr 2, 2019
Your question is more tax than law related. I can see where you're going with this, and it might work. I just think at the very least, you are opening yourself up to an audit, which very quickly will zap any money saved in fees to a CPA or tax attorney to work through it with you. You would... View More
Out of curiosity after we bought it, I looked online to see if their photos had the defect before we bought it and I noticed it in their pictures, sadly, we were not notified of it and we did not notice it until later that same day. The defect is the drivers side sliding door that will not close... View More
answered on Mar 16, 2019
Michigan's Lemon has strict requirements regarding the number of repairs required to qualify as a "Lemon":
It shall be presumed that a reasonable number of attempts have been undertaken to repair a defect or condition if 1 of the following occurs:
a) The same defect... View More
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