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I registered the trademark "Kinzaap Kitchen" in June 2024. Recently, I discovered another restaurant named "Kinzaap Thai Restaurant" operating in a different state. I have not yet taken any legal action or sent a cease and desist letter to them. Can I ask them to stop using the word "Kinzaap"?
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answered on Apr 13, 2025
Possibly. It is advised that you speak to counsel.
However, if the "infringer" is using a similar name prior to your federal registration, then they might be protected by common-law trademark rights. If you need more information, then I would recommend reading "Burger King... View More 
In North Carolina, is it legal for an independent car salesman to avoid obtaining a dealer's license by purchasing and selling cars under multiple LLCs to stay under the five-cars-per-year limit? In this scenario, there are active complaints as the salesman sells cars under a "rent to... View More
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answered on Apr 10, 2025
Please refer to North Carolina General Statutes Section 20-286(11)(a)(2) which states that a Motor vehicle dealer or dealer is defined as "[a] person who... [o]n behalf of another and for commission, money, or other thing of value, arranges, offers, attempts to solicit, or attempts to... View More
I, as a parent, gave property to my child but retained a lifetime right to the property. Currently, the deed specifies that the child gains the property after my death. However, I would like to dissolve this agreement and take the property back, but the child does not want to return it. Given these... View More
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answered on Apr 9, 2025
If you executed a deed which gave a remainder after your life estate, which was delivered and recorded, then no, you cannot revoke the conveyance of a vested remainder. Your lawyer should have told you about the finality of such a future interest deed. The remainderman can convey back his... View More
I've inherited land from my parents that we've owned and paid taxes on for over fifty years. Recently, when I went to pay taxes and transfer the land into my name, I discovered that part of it, approximately 30 acres, had been changed to another person's name without my knowledge.... View More
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answered on Apr 8, 2025
You have a boundary dispute and/or adverse possession problem. Go to the property first and look for signs of possession, such as cutting timber. Hire a NC attorney that does real property litigation. It will be difficult and expensive. Get name and address of possessor. Suit for... View More
I am 17 years old and recently got into a car accident where I rear-ended a woman because she came to a complete stop before turning right. The police arrived at the scene and filed a report. Her car had no damage, but she started acting like her neck was hurting and was taken away by an ambulance.... View More
answered on Apr 7, 2025
A North Carolina attorney could advise best, but you posted last week. Do you mean doing things like investigating on your own or confronting her with your suspicions? NO, you DO NOT want to do that. Leave things up to your insurance company. If she claims she suffered injuries, the best thing you... View More
My father owned a car and added his new wife's name to the title. After his passing, my brother and I were named as the sole heirs in his will. We believe we are entitled to his half of the car. We offered to buy her out, but she refused and sold the car, keeping the money. We even had an... View More
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answered on Apr 5, 2025
Get a NC attorney to advise about the title if you have a copy. Wife probably owned car at Husband's death. If not, the Will bequests will control if it was probated, and the executor will need to do his job of marshalling assets. If no probate, Will means nothing.
I live in North Carolina, and I'm married. In 2023, I took out an individual loan of $20,000 in my name only to purchase cryptocurrency. I would like to gift this cryptocurrency to my daughter. There are no specific terms in our marriage regarding financial decisions, and I have primarily... View More
answered on Mar 28, 2025
The IRS allows you to gift up to a certain annual exclusion amount per person without incurring federal gift tax. For 2024, that amount is $18,000, and for 2025 that amount is $19,000. If the cryptocurrency's value exceeds this, you'll need to file Form 709, but you might utilize your... View More
Can my husband, who was named in his grandfather's will to inherit land upon his mother's passing, legally sign over life estate rights to someone else before actually inheriting the land from his mother?
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answered on Mar 25, 2025
If the Will was probated then apparently he is vested with a life estate after his Mother dies. But you need a NC lawyer to examine this closely, and search the title, as the Estates, especially contingent future interests, may not be as you think. So if his Estate is as you state, he can... View More
I was fired from my job in North Carolina for tardiness, despite providing documentation from both my previous and current doctors about my Severe Idiopathic Hypersomnia, a chronic condition under the ADA. I had been employed for a year and a half, and my condition was discussed multiple times with... View More
answered on Mar 25, 2025
In general, there is no law in North Carolina that requires an employer to follow your doctor's notes or to excuse you from the requirements of your job. However, if you work for an employer with at least 15 employees the Americans with Disabilities Act may apply to your situation. The ADA... View More
An elderly man married a woman 13 years younger who has allegedly used him and spent his money. He is unaware that she is still married to another man in a different state. His family has hired a private investigator due to her alienating behavior and other red flags. What legal actions can be... View More
answered on Mar 20, 2025
There is a lot to unpack there. Firstly, he didn't marry anyone. If she was married to someone else when she "married" that elderly man, the marriage to the elderly man is void (bigamy is illegal in NC).
Secondly, if she abused his funds, she could be guilty of a felony... View More
I purchased a dog from a seller on Craigslist who advertised it as an 11-month-old purebred Pomeranian for $400. The listing explicitly stated "Pomeranian," and the seller implied the dog was purebred, mentioning I was getting "a really good deal." Upon receiving the dog, I... View More
answered on Mar 18, 2025
You can always try, but the issue is, how likely would it be that you would win? How much are your damages (how much is the dog you received worth)? With no written contract and no requirement for papers, its a "he said, she said" situation. Court costs are around $180.00 for small... View More
I filed a stay on a writ of possession in a foreclosure case yesterday, and today I checked the portal, which indicates my foreclosure case has been reopened. I have not received direct confirmation that the stay has been granted. I filed the stay based on the violation of the maxim of commercial... View More
answered on Mar 12, 2025
If this was an eviction rather than a foreclosure, No. It just means the file was reopened. It is possible the request may be denied by a Judge without a hearing if there was no sufficient basis alleged. The Judge may schedule an emergency hearing if you did not request a hearing and pay the... View More
I am an environmental officer in Columbia, SC, and have been on child support for my son, who is now 19. During the time when I missed payments, I underwent three knee surgeries and applied for disability, which affected my ability to pay. My doctor sent medical documentation to the DSS, yet the... View More
answered on Mar 11, 2025
Unfortunately, you cannot generally modify an arrears amount. If the party that is owed it still wants it, you can't modify. Each county is different, but I'm surprised they're actively threatening jail if you are making payments. If there is a threat of contempt of court, then you... View More
I had a criminal case dismissed in North Carolina 8 years ago. Will there be any documentation or records of my plea from that case, and are there any considerations I should be aware of regarding the record?
answered on Mar 10, 2025
Given that you said after your "plea" but that it was "dismissed" I presume you got a deferred prosecution or conditional discharge in which you pled to an offense and then were on probation for a period of time and after you complied they dismissed the charge(s). If so, the... View More
Because I was under the impression that I was able to operate a motor vehicle without a license
answered on Mar 10, 2025
No.
§ 20-35. Penalties for violating Article; defense to driving without a license.
(a) Penalty. - Except as otherwise provided in subsection (a1) or (a2) of this section, a violation of this Article is a Class 2 misdemeanor unless a statute in the Article sets a different... View More
Also when will the person get their license in order to drive legally with the interlock system?
answered on Mar 10, 2025
If a person gets convicted of a DWI and has a prior conviction within 7 years of the offense date or there was a minor (under 18) in the vehicle at the time of the offense or was suspended for a prior DWI or was in an accident causing serious injury or death, then they will be sentenced at level... View More
I'm currently on probation due to a financial obligation. I've paid off the amount due but still have five months left on probation. The conditions only require payments and monthly check-ins, and I have complied with these by providing receipts and submitting all check-ins online.... View More
answered on Mar 10, 2025
You can certainly hire a lawyer in your county to file for a modification of the terms of probation to either terminate (which probation officers usually want if you're otherwise in full compliance with the original judgment) or to transfer you to unsupervised probation. If the judge... View More
I need to know if there is a specific form required in North Carolina to file a Motion to Stay Execution on a money judgment against my LLC. I have three judgments totaling around $500k. One judgment is being settled, but the other creditors are not responding. I have not filed any motions yet. All... View More
answered on Mar 10, 2025
Most "forms" are a trap, trusting you to choose what may be relevant to the Court. Most courts have rules that prohibit offers of proof on matters not well pled in the forms.
And a pleading almost certainly triggers a court hearing.
On top of that, most lawyers will... View More
I need to know if there is a specific form required in North Carolina to file a Motion to Stay Execution on a money judgment against my LLC. I have three judgments totaling around $500k. One judgment is being settled, but the other creditors are not responding. I have not filed any motions yet. All... View More
answered on Mar 12, 2025
No, there is no "form". I have answered your question before a few weeks ago, and an out of state lawyer provided a thoughtful answer. If you refuse to file bankruptcy you need to hire an experienced attorney to help you, this is too difficult a Motion to attempt to do on your own. A... View More
I have been receiving deductions from my paycheck every two weeks since October to pay for back due child support. Despite this, the Child Support Enforcement sent me a letter requesting the first two pages of my tax return and my ID so my tax refund can be released. There weren't any issues... View More
answered on Mar 10, 2025
Both federal and state law include mechanisms for enforcing child support by tax intercept for collection of past due child support. The North Carolina Supreme Court has determined that if an obligor is currently paying the monthly amount required by the child support order and is current with a... View More
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