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I'm in the process of starting an LLC for a company in the Motion Picture and Television industry, specifically Visual Effects. I live in New York, but most of the work will be outsourced to India, and business operations will primarily occur outside New York. I'm considering registering... View More 
answered on May 1, 2025
I prefer Delaware because it offers specific advantages that are particularly attractive for businesses seeking investment or that want to minimize their tax burdens. As a New York attorney for 45 years, I find that New York has an excellent law and a legal system. Still, Delaware is more flexible... View More
I had my car towed to Firestone for repairs, and they were supposed to tow it back to my house. However, they handed it over to another towing company without my consent. Initially, both Firestone and the towing company claimed not to know the whereabouts of my car. Later, the towing company... View More
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answered on Apr 30, 2025
This situation raises serious legal issues involving potential negligence, conversion, and possibly breach of contract. In New York, if a company entrusted with your vehicle transfers it to a third party without your authorization and then fails to account for it, you may have grounds to pursue... View More
I registered my trademark on November 2, 2017, and I've recently discovered that someone in my state is using my trademarked name in their business and product labeling without my consent. We are in the same geographic market. Do I have grounds for legal action, and should I provide any... View More
answered on Apr 28, 2025
Provided you were using the mark in commerce prior to the other party, you can certainly take legal action.
If you are conducting commerce with the trademark across state lines (i.e., not just in NY), the first thing you should do is file a federal trademark application. If you engage them... View More
At the closing for my short sale, there was no document stating that the short sale had been approved, even though the bank's loss mitigation department told me it was pre-approved. The real estate attorney affiliated with the agent I dealt with was meant to represent me, but I insisted on... View More
answered on Apr 28, 2025
Since you already have an attorney the proper person to address this would typically be your own attorney. Since no one on this forum has been privy to the details of this deal, we cannot give you better information than those who have been privy to it.
It is ultimately the seller’s... View More
I have a mass distribution license with an Italian company that owns the trademark "Rivedil" for paints. I want to know if I can trademark "Rivedil USA" while selling their products. Is this permissible, considering the original trademark is overseas and I have a distribution agreement?
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answered on Apr 24, 2025
You likely can’t trademark “Rivedil USA” without the Italian owner’s consent, as it uses their trademark. Check your distribution agreement—using or registering the mark without permission may infringe their rights.
I started a blog and obtained a DBA as I plan to earn money through the blog. I now have three additional blogs; two are similar to the first, and I am creating an umbrella to incorporate these blogs under one primary site. One of the subsidiary blogs has its own DBA. I am uncertain whether each... View More
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answered on Apr 3, 2025
You should speak with an attorney to clarify and highlight all the details, but in general, you do not need a separate DBA for each blog unless you plan to operate each publicly under a different name. Since you are creating an umbrella site, you can use one DBA that reflects the overall brand and... View More
I am an independent contractor planning to leave the shop where I currently work to start my own business. There is no contract in place with the shop, and there have been no disputes regarding the ownership of my items. I have clearly stated receipts for all items I own. Do I need any additional... View More
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answered on Mar 31, 2025
As an independent contractor planning to leave your current shop, you can generally take any belongings you’ve purchased and have receipts for without legal issues. To avoid misunderstandings, it’s a good idea to create a list of your items with proof of purchase and photos. Notify the shop... View More
I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More
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answered on Mar 28, 2025
Someone would need to search for the proposed name internationally in order to guess at an answer to this question. If it turns out that no one else already is using the name, then you could file a trademark application in Ghana and follow up with "Madrid" applications in other countries... View More
I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More
answered on Mar 28, 2025
Trademark rights are generally territorial, meaning they're valid within specific countries or regions. So, a lack of registration in Ghana doesn't guarantee freedom elsewhere. It is possible that the name "Bloom Beauty Bar" is already registered within other countries.... View More
I am a developer planning to launch a taxi-hailing platform in New York, partnering with driver cooperatives. What should I consider legally regarding capital income exchange and structuring the cash split with the cooperatives?
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answered on Mar 27, 2025
This is a great question with a lot of moving parts. Structuring a platform like this—especially in New York—raises regulatory, tax, and contractual considerations. You’ll want to think through how revenue flows between you and the cooperatives, how profits and risks are shared, and whether... View More
I am interested in finding out whether products associated with Patent 11,192,678 for ZIPLOCK FASTENER CLOSURE FOR GABLE TOP CARTONS are currently being manufactured and sold commercially. Specifically, I'm looking for stores and locations where these products might be available. Can you... View More
answered on Mar 10, 2025
Your best bet is to contact the current owner to see if it is commercializing the patent and where.
The current owner of this patent is AB Merculor, located at Hillersvagen 3, Hagersten 129 35 in Sweden.
If you have trouble contacting them, their U.S. law firm is Birch Stewart... View More
I was kicked out by my business partner, and we do not have a formal partnership agreement. However, I do have my business bank agreement as proof of my involvement. What legal options do I have to address this situation and potentially reclaim my position or investment in the business?
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answered on Mar 6, 2025
You may have legal options, but without a formal partnership agreement, your case isn’t clear-cut. Your business bank agreement can serve as evidence of involvement, but more proof—such as financial contributions, communications, or profit-sharing—would strengthen your position.
If... View More
I worked at Company A, which was acquired by Company B. Post-acquisition, Company B terminated my employment. My separation agreement with Company B states I cannot make damaging or false remarks about the company or related parties, though I can respond to legal inquiries. Company A's former... View More
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answered on Mar 4, 2025
I would certainly speak with an employment lawyer, if you cannot avoid rendering the statement. If in fact, you are under a contractual obligation to not divorce, confidential information and you end up doing so then you might be in violation of such obligations and subject to whatever penalties... View More
I own a business and need to report my income on a 1099-K. My total income includes $7,000 from the 1099-K and an additional $3,000 in cash earnings not on the 1099-K. If I report both amounts together on my tax return, will my return get flagged due to the discrepancy between my total income and... View More
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answered on Mar 4, 2025
This should not be considered legal advice and you should definitely consult an attorney who understands these issues but your tax return is unlikely to be flagged just because your total income exceeds the 1099-K amount. The IRS expects all income to be reported, including cash earnings. The lack... View More
I thought I could just decide my rates but a billing specialist told me there are proper ways to figure out a sliding scale system so I was looking for some guidance on that.
answered on Feb 19, 2025
I'm sorry your question remains open for a month. One option at this point could be to reach out to health care attorneys who work more closely with billing issues - it might be a more narrow area of practice. It would probably be advisable to review any constraints imposed by applicable fee... View More
Hello,
I have a question concerning if a 'facility fee' of $1,500(!) from a fertility clinic is deceptive and predatory. Do I have a right to request a detailed, itemized breakdown of an obscure, arbitrary fee from a fertility clinic that my wife and I are attending. Also, the... View More
answered on Feb 7, 2025
I'm sorry for your unpleasant surprise with the fee not being covered. The most practical starting point would be to request a breakdown of the fee, as my colleague points out. If you did consult with an attorney to review things with attorneys and health care matters, that would be among the... View More
We live in a co-op building. My husband is the shareholder.
He was unable to attend a meeting and asked to have me be his proxy for voting.
The co-op president says proxy voting is not allowed in our building.
It was our understanding that BSC § 609 requires proxy voting to... View More
answered on Dec 30, 2024
I'm so sorry your co-op's is giving you a hard time. Yes, you are correct in that the BCL governs corporations in New York, which most notably includes co-ops. Section 609 indeed allows for proxy voting.
I suggest your husband send a formal letter to your co-op' President... View More
I paid a publishing company in Oct 2023 and still haven't received my books. After tons of follow up emails every few months without many responses, it's now been 18 months since first communication and I am concerned I will not receive what I paid for. He must have responded a total of 4... View More
answered on Dec 30, 2024
I’m sorry you’re dealing with this frustrating situation - very unprofessional indeed! I suggest creating a paper trail by compiling a file containing all relevant documentation such as invoices, the contract (if any) and any correspondence including emails with attachments, letters and... View More
I have a small business where I sell handmade bracelets. It has come to my attention that
SHEIN used to of my photos.
answered on Dec 19, 2024
I assume that your images are on Shein's website.
So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes... View More
answered on Dec 8, 2024
Generally, a business can help protect its name through registration of the business name with the US Patent and Trademark Office or within the state where the business is located. Registration provides evidence of ownership of the trademark for use in commerce. If there has been no registration of... View More
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