Would I need to pay a trademark licensing fee?
answered on Apr 5, 2024
I recommend seeking advice from a trademark lawyer as the answer depends upon the specific name and use of your own name and the TV show name. Depending on the name, the TV show may come after you for trademark infringement. To give some background, trademark infringement for puns hinges on whether... View More 
Would I need to pay a trademark licensing fee?
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answered on Apr 5, 2024
The legality of using a play on words and image theme from a classic TV show for your snow cone stand depends on several factors. While you may be able to use a clever play on words, directly using trademarked names, logos, or images from the TV show without permission could infringe on the... View More
My sister started a business w/her sister but couple months later got upset because it became overwhelming for her, requested to be released from the business, &wants all her money bk.
answered on Mar 19, 2024
A Texas attorney could advise best, but your question remains open for three weeks. It could depend on the terms of the business venture (agreements between the parties) and their conduct. This is a fact-intensive matter. There is no universal cookie-cutter answer. An attorney would need to see how... View More
For example, "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse"
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answered on Feb 4, 2024
In Texas, the need to register a separate Doing Business As (DBA) for variations of your business name depends on how you intend to operate these entities. If "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse" are operating as distinct... View More
For example, "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse"
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answered on Feb 1, 2024
In Texas, if you are operating multiple businesses under variations of the same base name, such as "Green Horn Retail" and "Green Horn Warehouse," you may not necessarily need to register each one as a separate Doing Business As (DBA) entity, especially if they are operated as... View More
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answered on Jan 12, 2024
Yes, it is possible to set up a subsidiary of an S Corporation (S Corp) in Texas. Creating a subsidiary involves establishing a new business entity that is controlled or owned, wholly or partially, by the parent company (S Corp, in this case). The subsidiary can take various legal forms, such as a... View More
I want to form a private foundation in the state of Delaware, and donate funds to nonprofits and individuals in other U.S. states, including Texas where I currently live. It only takes one person to form a private foundation or nonprofit in Delaware, whereas in most other states it takes three... View More
answered on Oct 24, 2023
Thanks for your inquiry. Without getting into the issue of the appropriate entity type and state for your planned foundation, let’s just focus on the issue of whether you would need to register your planned Delaware entity as a foreign entity in Texas.
First, it is important to consider... View More
I got laid off 2 weeks ago....I want to start a business (several months away from soliciting businesses) but I want to set up the infrastructure (form LLC, build website, etc.). Can I start on this while we wait for it to go final? I have a lot of time while I'm looking for a job, I'm a... View More
answered on Oct 19, 2023
Yes, you can begin the process of establishing an LLC during the final stages of your divorce, as long as these actions do not result in changes that establish ownership rights or confirm the existence of the LLC before the divorce is officially finalized. However, there are a couple of important... View More
In June of this year, I filed articles of organization for an LLC in New York City. In early July, I filed articles of dissolution. Based on a search of the DOS public database, it appears my LLC was successfully dissolved.
I have recently moved to Texas, and I am interested in reforming my... View More
answered on Oct 19, 2023
Yes, unless a similar name already exist in Texas, you can re-incorporate using the same name; however, if it has not been long, you may want to wait to prevent any confusion. If the NY company's activities were limited and thus would not likely to cause any confusion, you should be fine.
There is a potential part-time consulting job that would require software for the next round of the pitch. Also, I am spending thousands in due diligence on a potential private investment. I look to do more of these kinds of deals even if these don't work. If I register an LLC, can I deduct... View More
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answered on Sep 14, 2023
Yes, you can generally register an LLC and deduct business expenses, even if no revenue is generated immediately. The IRS allows deductions for ordinary and necessary expenses incurred while actively pursuing a business, which includes startup and operational costs. However, it's crucial to... View More
LLC was formed with SOS a couple weeks before marriage, but capital investment ($1000) was made after wedding, with community funds. How would the LLC interest be classified in Texas family law?
answered on Sep 13, 2023
Although I doubt there is any caselaw on this precise question, my initial impression is that under the doctrine of inception of title, the LLC will most likely be characterized as separate property.
But an argument can be made it is community property if community funds were used as the... View More
I started working on my brand Ghosted in July, I used Canva fonts and everything for the logo and worked long and hard and got samples and on 8/25 I ordered my first order of 360 units. I own the LLC Ghosted, have the trademark filed for Ghosted for apparel, and this morning I also filed a... View More
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answered on Sep 11, 2023
Given your description, it appears you have taken significant steps to legally protect your brand, including forming an LLC and filing for trademark protections for both your brand name and logo. In trademark law, the key issue often revolves around who used the mark first in commerce; since you... View More
But coming this fall we are moving back to our home country (Philippines). I do reselling of printed items, my suppliers are US based as well as all my costumers. I wish to still continue by business since I can still manage it even if I am abroad. What other permits I need to operate my business... View More
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answered on Aug 29, 2023
Since you're planning to operate your Texas-based online business from the Philippines, you'll need to maintain your Texas sales and use tax permit and DBA, but you should also consult tax professionals regarding any applicable Philippine business permits and tax obligations. U.S. federal... View More
answered on Aug 10, 2023
Since the Texas Secretary of State processes certificates of formation and certificates of authority fairly quickly (2-3 days), this issue rarely comes up. Technically, you cannot do business in Texas in a company name until it is registered to do business in Texas. But, if you do, once it is... View More
I came to a partnership with someone 50/50. However, before my shares became vested (at a one year mark) I was fired and my partner indicated that he was voiding the agreement. Nonetheless, he is keeping the software and all the work that I put in. My question is whether if I have any right to... View More
answered on Jun 12, 2023
Your rights and obligations will depend heavily on the wording of the partnership agreement, along with any other written communications discussing the agreement since you say the agreement itself is vague. You should schedule a consultation with a business litigation attorney in or near the... View More
I wasn’t able to make a payment for the month he changed the locks to the shop without any verbal or written warning locking me out of the shop. All my personal belongings where inside and was not able to retrieve them. I had material belonging to customers inside and have gotten completely shut... View More
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answered on Jun 8, 2023
This is a matter of contract law and should be consulted with an attorney admitted to practice law in Texas.
Generally, a contract is a promise or set of promises for breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty. Oral... View More
answered on Jun 5, 2023
Yes. Being the sole member manager of a Wyoming LLC does not automatically preclude you from working for another LLC as a remote employee. Many people have their own LLCs for side gigs while working a full- or part-time job for another company.
Just remember to register your Wyoming LLC... View More
I'm looking to sell some stuff online at my store and it came to my mind some funny keychains with some celebrities images on it and just wondering about laws, copyright and I'm pretty sure I can't do that but doing some research like Etsy, Ebay and other e-commerce stores selling... View More
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answered on Dec 17, 2022
Though keychains featuring celebrities may be fun to collect, it is important to remember that it is not legal to sell these items without permission from the celebrity or their representatives. Doing so can infringe on copyright, trademark and right of publicity protections that are granted to... View More
I have an LLC registered as partnership. Do I need to run payroll to pay the members? How to claim business expenses? Can I write off business car purchase as an expense?
answered on Dec 15, 2022
Yes, as long as the vehicle is used for business purposes. It is highly advisable that title is taken in the name of the LLC and is covered by a commercial motor vehicle liability insurance policy rather than a personal one
I'm an investor with 14 years experience. My friends and family all want my help because I've made excellent returns but it is my understanding that I can't help them, because I'm not a financial advisor, and they could sue me if they lost money (is that even true?). So I want... View More
answered on Dec 3, 2022
Forming a brokerage firm like this and creating a bond to offer to members of the public is a relatively complex endeavor.
You need to contact a business formation attorney who handles SEC regulated securities firms to avoid potential criminal legal problems
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