Pennsylvania Business Formation Questions & Answers
Q: Hi! I am starting an app called align. It will be in the fitness space. Can I trademark the name even tho there r others
I see many align trademarks, so wondering if it is industry that sets them apart or if it's the font? I assume there must be a defining feature to allow them to trademark so many versions of "align".
Also wondering with a tech app, will I need intellectual property or any other form of... Read more »
Trademarks are differentiated by "Class" -- When you submit an application for a trademark registration, you must specifically identify which stream of commerce you are using your mark, and if the USPTO finds that there is no likelihood of confusion with another existing mark, you will be granted a... Read more »
Q: Hey Guys,i own 10% of an LLC, while someone else owns 90%. If We bring a capital partner, where does he get his %?
Hey Guys, I am not sure the exact terms of this, but i own 10% of an LLC, while someone else owns 90%. We are talking about bringing in a capital partner somewhere in the 40% range. I was told that my shares will be diluted in the same according to my other partners. so of that 40% 4% would come... Read more »
The answer is that this type of scenario is normally the subject of negotiation among the parties and depends upon the facts and circumstances of the situation, unless the operating agreement specifies exactly what happens in the event both members bring on another member. For example, assuming... Read more »
Q: Verizon come install cable I left my window up cat got out they never close the window and were on 3floor
the cat is know miss and i would love my cat back there are responsible for this action
To the best of my knowledge there is no answer to this question, in part because it is not a legal question. Leave the window open a few days to see if your cat will come back home.
Q: If a business name and entity was stolen or transferred without permission, do I sue or contact local authorities?
Originally started business with sibling who then decided to become sole proprietor without my knowledge. She then made a request for a business name change that she took my name off, stole the business and the name from me along with the logo and documents such as contract agreements that she... Read more »
Contacting "local authorities" will probably do no good because this is clearly a family business matter. And unless you can show some actual damages the courts will also be hesitant to get involved. Finally, unless the actual amount of money involved is very substantial it is likely that the cost... Read more »
Q: If an LLC run by 2 partners has no employees, what would their workers compensation requirements be?
If there are truly no employees, workers' compensation insurance may not be necessary. However, if anyone works for the company you may want to have the relationship reviewed by an employment attorney to make sure it isn't an employer/employee relationship.
Q: I want to trademark my Company's brand and and logo. Can anyone help? Thanks
Sure - contact Bob Duminiak, Esq. at Howson & Howson in Blue Bell. He's the guy.
Robert J. Duminiak, Esq.
Howson & Howson, LLP
Bldg. 620, Suite 210
350 Sentry Parkway
Blue Bell, PA 19422
Phone: 215-540-9200
Fax: 215-540-5818
Email:... Read more »
Q: I owned an MC and Website Hosting Company. Someone else is saying they made my company. Help
You need to retained experienced Pennsylvania counsel to assist you with this. What is this third party claiming? Do they have an attorney involved? You need experienced counsel to protect your business.
Q: Can I let go of partners from a start up if operating agrmnt isnt in place?
I put the team together in October, came up with the idea, we all signed NDAs, but now they are asking more equity than id like to give. They signed non-competes, can I choose to not work with them? Will they have any grounds to claim the company. Currently while the LLC is being approved at the... Read more »
You may be OK but you really need the advice of a partnership expert. I suggest Ken Milner--give him a call. Tell him I suggested you call. Because of implied obligations etc. it's not something anyone can give you an easy yes/no on.
Q: How can I start & fund a business?
Business, Business Law, Formation, Costs etc.
Your question is way too broad to be answered in this forum. You should consult an experienced business attorney and accountant who can assist you figure out if you should operate as a corporation, limited liability company or a sole proprietorship. Additionally, the attorney would need an... Read more »
Q: My business partner has my money and will not put me on books or share profits
I gave my business partner a little over $300-k four years ago. He has not yet put me on the books or shared profits or doesn’t answer my calls and refuses to meet me. I continue to work at the business and run the business. The business partner has complete control of the finances. I just want... Read more »
Attorneys fees possible but unlikely. Focus on the rest. If you have that much at stake you need a partnership attorney. You need to retain one, get advice as to what you can do to secure the evidence --for instance on the computers--etc. If you are in eastern PA I can recommend someone to you.
Q: I own a small business and I am registered in NJ. We contract to locations in PA. Do I need to register biz there too?
We teach sport classes at daycares, so we don't have any actual facility. We bring equipment to schools and are considered "contractors". The business address is in NJ, so I am hoping that as a contractor, we don't have to register in PA as well even though we do classes over there.
If it's at daycare you may well have to. The daycare operator may want you to. You may need a Pennsylvania background check.
Q: I want to start a gospel record label. Should it be llc. or 501c?
You need to have a cpa advise you. At the initial stage it may not matter much. Consulting a copyright attorney would be a good thing too.
Q: I'm starting a business however I'm also planning to ask my husband for a divorce. Is it better to wait to file divorce
My husband is opening a restaurant that I didn't agree to also and I'm concerned about his business failing and mine suffering as a result
This is a complicated situation best addressed in a face to face meeting with an experienced family law attorney in your area. One way to locate an attorney is to use the Find a Lawyer tab on this site.
Q: Can your employer LEGALLY control where you can place your private IRA investments? The employer is worried about ...
..."Apparent" conflicts of interest with companies in which they have performed auditing work for in the past or plan to work for in the future. I do not work in the auditing branch of the company. They have threatened termination of any employee who does not comply. My company is an international... Read more »
I suggest you get a list from them. It seems like it would be a violation of them to tell you who you may and may not invest with. But then the question is do you want to fight now, or go with it move your IRA as soon as you are out of there, or use another investment vehicle?
Q: What are the steps I have to take to take over control of a business from a relative who's not an immediate member of my
family?
There are
Q: Can my husband start his own company selling something he originally created for his current employer to use?
He created a product that the truck drivers use at the logistics company he works for. His immediate supervisor did not want to pay him on the clock to produce it. My husband produces them at home and his supervisor purchases them from him via ebay. The company is nationwide, and several other... Read more »
I do not represent you and do not know all the facts, but it sounds like this was a "work for hire" and that the company he worked for owns the rights to it. However, he could approach the company and see if he is able to sell to others. It sounds like he has a strong position in being able to... Read more »
Q: I want to start selling private label Hot sauce and salsa. I want to use my last name with the word salsa or hot sauce
" Last Name" Hot sauce or salsa. Do I need to get this trademarked to sell? Or I'm I allowed to start selling this online since its my last name and the word Salsa or Hot sauce.
Thank You
You do not need to have a trademark to sell. However, the federal trademark does protect the name so others cannot come in and copy it. I would also recommend that you copyright your recipe for the sauce. Good luck!
Q: I'm wondering if it is legal to be told I can't be hired due to a re-hire policy one company that has now split into two
I worked for a company and was laid off. I took severance and their re-hire policy says I can never come back to the company. Since then the company has now split into 2 companies. I have friends that work for the new company and all of them had to accept a new offer letter. I recently applied... Read more »
The policy as a whole sounds very strange. However generally an employer can only be held responsible if they don't hire you because of race,gender, religion, ethnicity etc. Consult a member of the Pa.
Assn for Justice who handles employment issues--they give free consultations.
Q: In Pa regarding a non-profit incorporated (church), is it required that the trustees be named in the constitution?
The non-profit statute requires that there be a board of directors. If they are the first incorporators all must sign the Articles of Incorporation.. They must be named at the end. The first bylaws should also be signed by the incorporators as they are acting as board members.
Best thing is... Read more »
Q: What is a legal name? We are setting up a new church in PA.
We are not incorporating. I am filling out Form SS-4 for an EIN in order to be able to get a checking account. The very first question wants a legal name. Is this the name we are giving to the church?
You may want to start an entity. Talk to a local business lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
