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3 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Is Brew Good, Do Good the same as Brew Good. Do Good as far as trademark

Subject: Request to Cease Use of Trademarked Phrase

Dear Michelle,

We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More

Sarah Teresa Haddad
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Sarah Teresa Haddad pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

If the trademark is already registered by a third party for a similar industry as yours, then the question is one of priority of use. Whoever can show that they used the trademark first in commerce in that particular industry, would have priority to its ownership.

The Cease-and-Desist...
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3 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Is Brew Good, Do Good the same as Brew Good. Do Good as far as trademark

Subject: Request to Cease Use of Trademarked Phrase

Dear Michelle,

We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 1, 2024

"BREW GOOD. DO GOOD." is a registered mark for coffee cups, mugs, pots, makers, and other coffee making accessories; and for beverages made of coffee. The registration is owned by Tampa's Team LLC dba Buddy Brew Coffee. Your use for a coffee blend, or anything related to coffee, is... View More

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2 Answers | Asked in Civil Litigation, Legal Malpractice, Personal Injury and Civil Rights for New York on
Q: Need legal help ,am indecent / public assistance

Lawyers have court clerk ,mailroom judges secretary ,records helping them file fake decisions .motions 2,3and were not filed in Superior court Newark by thr court clerk

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2024

I'm sorry for your ordeal with the courts. If you are indigent and need legal assistance, there are a number of options. Legal aid and pro bono attorneys might be able to help, depending on the nature of the matter. If there are criminal aspects to the matter, a public defender might be able... View More

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2 Answers | Asked in Personal Injury and Sexual Harassment for New York on
Q: What is the right time to look for a lawyer?

I have recently filed a police report for a sexual harassment/assault case and it is beginning investigation.

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2024

The right time to look for an attorney is usually at the beginning of any claim. This is especially true in areas where law firms offer free initial consults to evaluate cases without obligation. The reason is that if you do find an attorney you'd want to work with, they could take necessary... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can a medical group be held liable for multiple providers lack of training/ inability to properly diagnose a patient?

If a person goes to a large medical group and the 1st and 2nd opinion both lack the proper training to diagnose an issue that a different large medical is able to quickly diagnose accurately is the 1st group able to be held responsible for providers not trained to properly identify and diagnose?... View More

Alexander Karasik
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Alexander Karasik pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2024

Thank you for your question. Yes, a medical group can be held liable for the negligence of its individual providers. However, in order to prevail in a lawsuit, Plaintiff must establish a very serious injury, or damages, which are caused by the negligence. In this case, a delay in diagnosis and... View More

3 Answers | Asked in Car Accidents for New York on
Q: After a car accident, does it make sense to file a claim with the other parties insurance although mine found me liable?

I recently got into a car accident. I stopped at the stop sign (two way stop) saw nothing went through intersection. As I’m almost out of the intersection a car t-bones me on the passenger side. My insurance found me liable because I had the stop sign. Does it make sense to file with the other... View More

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2024

If there's absolutely no basis on which to bring a claim, it could be a waste of time. If there is any basis, even if small, it could be worth exploring, since New York is a comparative negligence jurisdiction. That means that someone might have the basis for a claim even if the other side was... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: can your wife take your children and establish residency in another state if you do not want your kids to live there?

What recourse do you have to ensure you still have access to your children?

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2024

Dependent on the state. In New York the case of Tropea v Tropea requires judicial intervention The standard for relocation is the “ best interests of the child”’ She cannot remove the child on a whim. Like she wants to go to Florida because she wants to enjoy sunshine. There must be a... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: Does the supporting deposition have to be served to me?

l

Zev Goldstein
Zev Goldstein
answered on Sep 26, 2024

If you hired a lawyer, you should really address all questions to him/her.

Assuming you don't have a lawyer, there is a lot of case law on where the supporting deposition gets served by mail.

If you have a lawyer on file with the court, the supporting deposition has to be...
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1 Answer | Asked in Libel & Slander for New York on
Q: Where can I hire a lawyer for a defamation case in NY on a contingency basis?

I am the plaintiff. I have already filed a complaint with the NY Supreme Court, and I, now, must serve the defendants as soon as possible.

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2024

That could be a difficult order to fill. Defamation cases are sometimes handled on a contingency basis, but many law firms may instead go with charging hourly. Each case can be different, but generally speaking, slander and libel cases often pose an element of uncertainty in the outcome. This makes... View More

1 Answer | Asked in Family Law for New York on
Q: I am 17 in New York City and was given a phone by my grandmother. Can my parents legally take my phone away?
Ms. Norka M. Schell
Ms. Norka M. Schell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 23, 2024

Yes, your parents can take your cellular phone away, even if it was a gift from your grandmother. As a minor living in their household, your parents have the legal right to make decisions regarding your possessions, including your phone. They may have their reasons for wanting to do this, such as... View More

1 Answer | Asked in Employment Law for New York on
Q: Employment Contract sole provision ON SEVERANCE relates ONLY to waiver of claims

Contract sole provision is regarding severance : "Any severance payments will be

conditioned upon your execution and non-revocation of a release of claims in favor of the

Company and its affiliates in a form reasonably satisfactory to the Company"

Employer has... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

This ER has attorneys that drafted this GENERAL RELEASE "severance agreement." You need an attorney in your corner to tell you what you are potentially giving up in potential claims against the company, in exchange for the severance package. Are you giving up claims worth $10k for a $9k... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I have a case against my former landlord since the property burned out and he claimed what I owned and got paid
Tim Akpinar
Tim Akpinar
answered on Sep 19, 2024

A landlord-tenant attorney should advise here, but your question remains open for over a week. It looks like could have been some sort of mix-up here. This might be related to which insurance policies handled the loss, your renter policy or a policy related to the building. In either case, the... View More

2 Answers | Asked in Civil Litigation, Civil Rights, Personal Injury and Sexual Harassment for New York on
Q: When do I introduce interrogatory questions and evidence in civil litigation for adult survivors act?

Can I request multiple things in one motion. Such as production of all relating evidence and production of answers to interrogatories from adversary. Furthermore I would need to amend complaint to include causes of action, which I plan to ask by motion. Do I need to formally have a process server... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 18, 2024

A motion is a means by which to compel a response to a previously served demand for interrogatories or a notice for discovery and inspection, not a means by which to demand discovery for the first time. With regard to an amended complaint, it can only be filed on consent of all parties or by leave... View More

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1 Answer | Asked in Education Law for New York on
Q: What type of case would it be if I were trying to sue the school for breaking the law involving lead contmination?

They have not posted anything relating to the remediation results on their last testing in 2020. We also have many different faucets that were not over the lead limit as of 2020, but as of December 2021, 47% of our faucets are over the lead limit. Just wondering what type of case this would be and... View More

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2024

Depending on who is affected, it could be an environmental matter, toxic tort matter, occupational health & safety matter, or other. It sounds like it could be a complex setting - possibly involving sampling, lab analysis, and investigation of all possible sources. Best way to go about it? A... View More

1 Answer | Asked in Business Law for New York on
Q: I work at a SUD in NYS. Can I provide a third party vendor with clients contact information to solicit reviews?
Tim Akpinar
Tim Akpinar
answered on Sep 16, 2024

A privacy law attorney could advise best, but your question remains open for two weeks. It would be advisable not to give away any client information unless an experienced attorney who is knowledgeable in this area tells you that it would be okay to do so after reviewing your work setting and the... View More

1 Answer | Asked in Medical Malpractice for New York on
Q: If a doctor did not point out possibility a procedure might not work, and patient undergoes and it fails, is doc liable?

Initial consultation involved explanation of procedure, alternatives to the procedure, what to expect - during and after, but NOT any mention that it might not work. I had it - 2 1/2 hours awake on the table, and it did nothing to help.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 16, 2024

In order to obtain a patient's informed consent, a physician has to discuss the risks, benefits and available alternatives to a medical procedure. That a procedure might not work or cure the condition it's designed to treat would fall under the "risks" category (and is arguably... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello, me and my girlfriend need advice of how to handle this when we go to eviction court in a couple days ?

So they want $4,265 for the rent we have no paid, and for us to vacate the property. But the reason we have not been paying is because of us failing to get 2 carbon monoxide alarms they we still havent got for 6 months . And i have evidence of us asking them, our smoke alarms dont work, there is... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 15, 2024

Dear Troy Tenant:

It would help your defense based on breach of the statutory warranty of habitability and breach of lease (failure of the landlord to comply with rules, codes, and regulations affecting habitability) if you had Code Enforcement write the violations for no smoke and CO...
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1 Answer | Asked in Employment Law and Personal Injury for New York on
Q: As a federal employee, are Kalkines and Garritty violations grounds for Federal Tort Claims Act based legal action ?

After being threatened by my supervisor with termination (administrative actions), I was then summoned for an interview with federal investigators for questioning regarding an incident in the workplace. I was advised by a representative not to show up for said interview. After a lengthy... View More

David Fallon
David Fallon
answered on Sep 12, 2024

Dear federal employee:

I'm sorry to hear you went through this situation. Unfortunately, I don't think an attorney will be able to give you a definitive answer based upon the information you've provided. You ask if "Kalkines" and "Garrity" violations...
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1 Answer | Asked in Family Law and Education Law for New York on
Q: Is it legal for a school to say we are mandated by law to use their app for notices from the principle and teachers?

We had issues last year when we realized that my child’s teacher at the time was posting pictures she kept taking of the class on a school app that is used by the as well as all parents and listing my child’s full name and everything . And because we have privacy concerns since we have a... View More

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2024

There could be a couple of different ways to look at this - it is more a privacy law question than an education law question. A starting point could be to check with your attorney (the one associated with the court order). They would know better than anyone on a public forum the scope of what the... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: Sealing a marriage record from the public

I'd like to know if it's possible in NY to seal from public record a fraudulent marriage (the fraud was not committed by me) from 1997 that continues to appear on public websites and google searches.

(Edited for additional context): I am concerned with sealing from the public... View More

David P. Badanes
PREMIUM
David P. Badanes
answered on Sep 7, 2024

In New York, divorce records are supposed to be sealed for 100 years. If they are not or if you want, you can petition the Court to seal the records. As for public websites or google - if your spouse or someone else gave them that information or somehow they go a hold of that information, it will... View More

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