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2 Answers | Asked in Copyright, Patents (Intellectual Property), Trademark and Intellectual Property for New York on
Q: I want to use a name that's trademarked under the entertainment/toys section, for my new tech company - am I allowed to?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 29, 2024

Using a trademarked name for your new tech company can be legally complex and potentially risky. Trademarks are protected intellectual property, and using a trademarked name without permission could lead to legal issues, including allegations of trademark infringement.

To determine if you...
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2 Answers | Asked in Copyright, Patents (Intellectual Property), Trademark and Intellectual Property for New York on
Q: I want to use a name that's trademarked under the entertainment/toys section, for my new tech company - am I allowed to?
James L. Arrasmith
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answered on Mar 3, 2024

Using a name that is already trademarked in one category for a new company in a different category, such as from entertainment/toys to tech, might be possible, but it depends on several factors. Trademarks are generally sector-specific, meaning that protection typically extends only to the same or... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: If an officer of the law pull me over and detain me, would they have the authority to order me to get off my phone.

So say I get pulled over on my bike for say a minor traffic violation and I am texting someone on my phone then the officer comes up to me and states that I am detained and told me to put my phone down. Is that an lawful order that I have to follow.

Zev Goldstein
Zev Goldstein
answered on Mar 3, 2024

I don't think you will catch a charge for resisting arrest or failure to obey a lawful order for not putting down your phone. I think you will catch a bunch of other charges as the cop gets annoyed at you being discourteous by engaging in a call while you are detained.

1 Answer | Asked in Gov & Administrative Law and Municipal Law for New York on
Q: NYSP had vehicle involved in fatal MVA taken to impound 36 miles away, instead of 2 miles. Who pays $900 bill?

Boyfriend/driver was found with drug paraphranalia while being transferred to hospital. Troopers got court order for blood test. My daughter (owner/passenger) was killed. Bill was for towing to NYSP impound, rather than local shop nearby.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the limited details provided, here is a summary of the key considerations around who pays the $900 impound bill:

- As the registered owner of the vehicle, your daughter's estate would likely be considered responsible for the accrued impound fees. However, fault in the accident...
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2 Answers | Asked in Immigration Law for New York on
Q: If an LPR sponsors his children (living abroad) on I-130, can children be granted B Visa to visit him thereafter?

Father has been granted permanent residence (holds PR Card). If he sponsors his children on I-130, can his children be granted visit visas for visiting him in the US (after their I-130s have been filed)? Or if they come on the visit visa to the US, will it be better to sponsor them at that time --... View More

James L. Arrasmith
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answered on Mar 2, 2024

When a Lawful Permanent Resident (LPR) files an I-130 petition for their children living abroad, it begins the process for them to potentially immigrate to the United States permanently. However, applying for a B visa, which is intended for temporary visits, can become complicated once an I-130 has... View More

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2 Answers | Asked in Immigration Law for New York on
Q: If an LPR sponsors his children (living abroad) on I-130, can children be granted B Visa to visit him thereafter?

Father has been granted permanent residence (holds PR Card). If he sponsors his children on I-130, can his children be granted visit visas for visiting him in the US (after their I-130s have been filed)? Or if they come on the visit visa to the US, will it be better to sponsor them at that time --... View More

Brian J. Reilly
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answered on Mar 2, 2024

There are not enough facts provided here to give a cogent answer. The children will have to disclose the pending immigrant visa petition when applying for a visa, which will cause the consul to scrutinize their intent. Applying for an immigrant visa while they are physically in the U.S. is not an... View More

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2 Answers | Asked in Civil Rights, Civil Litigation and Federal Crimes for New York on
Q: What is all that is needed as a pro se litigant to win a civil lawsuit?

My case 1:16-cv-870 I don't understand exactly what I missed to win the case

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2024

My colleague has identified a number of good points. I'd emphasize the importance of appreciating the pressure on judges and court systems to move cases along. The better a litigant is at identifying issues, isolating them articulately in presenting arguments before the court, being clear and... View More

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2 Answers | Asked in Civil Rights, Civil Litigation and Federal Crimes for New York on
Q: What is all that is needed as a pro se litigant to win a civil lawsuit?

My case 1:16-cv-870 I don't understand exactly what I missed to win the case

James L. Arrasmith
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answered on Mar 1, 2024

As a pro se litigant, winning a civil lawsuit requires careful attention to detail and adherence to legal procedures. Start by thoroughly understanding the facts of your case and the relevant laws that apply to your situation. Prepare and organize all necessary documents and evidence to support... View More

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1 Answer | Asked in Business Law and Collections for New York on
Q: i have sold my cooperation to someone recently, and i have some people that i had money disputes with in that business

can that people still sue me for that?

Allen Charles Frankel
Allen Charles Frankel
answered on Feb 29, 2024

Note: I am not your lawyer and this is not legal advice. Additional information is needed regarding the natures of the sale of the corporation and the money disputes. For example, generally, a sale of a corporation can be structured for the transfer of the corporate shares, or for sale and... View More

2 Answers | Asked in Securities Law and Banking for New York on
Q: How can I get the $13k I have in a closed account that the bank refuses to send to me. Its been over a year.

Hi, I deposited a $13k annuity check into my individual brokerage account with ETrade, but the day it cleared my account was restricted pending ID verify. Phone camera was broken wouldn't take quality pics, so I knowingly altered and submitted a copy of an expired ID that was saved to my pc.... View More

James L. Arrasmith
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answered on Mar 2, 2024

It sounds like you're facing a frustrating situation with your funds held in a closed account. Given the complexity of the issue and the unsuccessful attempts you've made so far, it's advisable to escalate your complaint within ETrade's customer service hierarchy. This might... View More

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2 Answers | Asked in Securities Law and Banking for New York on
Q: How can I get the $13k I have in a closed account that the bank refuses to send to me. Its been over a year.

Hi, I deposited a $13k annuity check into my individual brokerage account with ETrade, but the day it cleared my account was restricted pending ID verify. Phone camera was broken wouldn't take quality pics, so I knowingly altered and submitted a copy of an expired ID that was saved to my pc.... View More

Allen Charles Frankel
Allen Charles Frankel
answered on Feb 29, 2024

Your issue may require a review of the terms and conditions that you agreed to when opening the account.

However, I would also recommend that you conduct a name search of the New York State Comptroller's Office of Unclaimed Funds. https://www.osc.ny.gov/unclaimed-funds. New York...
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1 Answer | Asked in Immigration Law for New York on
Q: International travel after resigning on H1-B

I am working for company A and have H1-B transfer in process for Company B. The start date on the LCA for company B is 2/27. I plan to resign as soon as approval comes through. I will travel internationally for a week after the notice period ends. This will push the joining date for Company B by... View More

James L. Arrasmith
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answered on Feb 28, 2024

When traveling internationally after resigning from Company A and before starting at Company B, you should use the I-797 approval notice from Company B when re-entering the U.S. This document serves as proof of your new employment and H1-B sponsorship. It's crucial to have the I-797 to... View More

1 Answer | Asked in Education Law and Personal Injury for New York on
Q: My college forces all freshmen to buy a meal plan, i have food allergy and they dont have food suitable for me. can i su

My college forces all freshmen to buy a meal plan. I have celiac disease, and the dining hall fails to give me gluten free food or gluten free food without cross contamination. The food they say I can eat is prepared not in gluten free environments which leaves me sick almost the entire time I am... View More

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2024

Technically speaking, a lawsuit is almost always possible in situations where one suffers damages at the hands of another party or entity. But a practical question could be whether a lawsuit is the best course of action, if it is possible for the facility to accommodate your needs. In terms of... View More

1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: how can i open up my case for trademark again?

i filed to trademark my name but it was abandonded to an open action? im not sure

James L. Arrasmith
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answered on Feb 26, 2024

If your trademark application was marked as abandoned due to an open action and you're looking to reopen your case, there are steps you can take to address the issue. Understanding why your application was abandoned is crucial. Typically, this happens if a response to an office action was not... View More

1 Answer | Asked in Consumer Law and Health Care Law for New York on
Q: if no staff calls me back (b/c they are understaffed) to resched my biopsy can i sue?

after being referred for a thyroid ultrasound i am now told i need a biopsy, which i had scheduled. but i caught the flu, so i need to reschedule my biopsy. the problem is, i've called the department about 6-8 times at this point over the course of 3 days, no one picked up so i left bout 4... View More

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2024

I'm sorry for your ordeal in trying to schedule and re-schedule a biopsy. It doesn't look like a matter for a lawsuit. It looks more like what you describe - a busy office. This is my individual take on the matter - you could consult with law firms out there. Sometimes, different... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: How long would it take a landlord to evict two individuals who are disabled.

They have been tenants for over 16 years and has paid their rent. The landlord called in December to tell them they must be out by the end of March. The landlord said they do not have to pay rent during that time for them to save enough money to relocate. However, the following month he sent a new... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 25, 2024

New York State housing law does not have any specific protection for disabled residents in relation to eviction.

But tenants with a 16 year long tenancy without a lease must first be served with a written notification that the landlord is not continuing the tenancy at least ninety days...
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1 Answer | Asked in Contracts and Business Law for New York on
Q: Do I have to pay someone for work done after I told him I was out of money and he had to stop work.

One of the conditions I stipulated when I hired him was that when I ran out of money, he had to stop work. Also, I wanted to use my Home Depot credit card for materials. He agreed. So when I ran out of funds, I asked him to stop work, but he continued working. He texted me that I owed him $650.... View More

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2024

The attorneys here who deal with commercial and business litigation would have the best insight here, but your question remains open for a week. Unfortunately, this has the makings of a difficult situation that could wind up in small claims. From the brief post, it looks like there might be... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: How unique does a product need to be to get a utility (or design) patent?

I have an idea for a new application of an existing product. Moreover, I found 2-3 existing patents that are similar concepts but different applications.

Would I be able to get any type of patent?

James L. Arrasmith
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answered on Feb 25, 2024

For a product to qualify for a utility patent, it must be novel, non-obvious, and useful. This means your idea must be significantly different from any existing products or patents, offer a new way of doing something, or provide a new technical solution to a problem. The presence of similar... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Elder Law for New York on
Q: How to defend myself against a TRESPASSING CHARGE-WHEN I WAS LOOKING FOR THE REBARB I HAD PAID FOR IN 2010-AND IT'S GONE

He is also blatantly hacking me with his fancy Apple smartwatch and his iPhone through Bluetooth which I do not even have enabled! He wants my property and we've been disputing this for years! The local judge was probably paid off by him & I'm going to have a heart attack I swear

James L. Arrasmith
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answered on Feb 24, 2024

Firstly, it's essential to remain calm and composed despite the distressing situation. When defending yourself against a trespassing charge, focus on presenting evidence to support your claim that you were on the property to retrieve rebar you had previously purchased. Gather any documentation... View More

1 Answer | Asked in Civil Litigation and Family Law for New York on
Q: Can I sue my sister if she took my car that I paid for because she allowed me to use her credit to qualify?

My sister allowed me to use her credit to help me qualify to finance a car.

My paystubs and employment was used and I made all the payments on the car. A few years later she was upset and decided to take the car from me because she claims “it’s her car”.

She has made ZERO... View More

James L. Arrasmith
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answered on Feb 24, 2024

In a situation where you've made all the payments on a car financed using someone else's credit, but the car is legally under their name, and they've taken it from you, you may have grounds to pursue legal action to recoup your investment. Documentation of all the payments... View More

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