Texas Business Law Questions & Answers
Q: If I'm trying to trademark "Recreation Beer Company" can I if there's someone named "Recreation Point Brewing Company"?
Benton R Patterson III's answer
This is a close call. It seems reasonably likely that you will have trouble registering the mark, especially if the other company began using the mark first. That fact that your business operates in a different location does not increase your chances of registering the mark because federal trademark registration is nationwide. If you decide to file a trademark application with the USPTO, a trademark attorney can help draft the application so that you have the best chance of success. You may...
This is a close call. It seems reasonably likely that you will have trouble registering the mark, especially if the other company began using the mark first. That fact that your business operates in a different location does not increase your chances of registering the mark because federal trademark registration is nationwide. If you decide to file a trademark application with the USPTO, a trademark attorney can help draft the application so that you have the best chance of success. You may...
Q: Is a referral (from dr to psych) sent with clearly visible medical information written on it a HIPAA violation?
1 Answer
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in
Business Law, Civil Litigation, Medical Malpractice and Health Care Law
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Texas
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Answered on Jul 7, 2017
Answered on Jul 7, 2017
Peter Munsing's answer
Not necessarily--and if it is there aren't many remedies. Unless you have reason to believe someone read it it would be hard to prove any privacy case, but why not speak with a local attorney to see what they suggest.
Not necessarily--and if it is there aren't many remedies. Unless you have reason to believe someone read it it would be hard to prove any privacy case, but why not speak with a local attorney to see what they suggest.
Q: If my company has not copyrighted any of my designs that they are using how can I protect myself from them & others?
1 Answer
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in
Business Law, Contracts, Copyright and Intellectual Property
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Texas
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Answered on Jun 11, 2017
Answered on Jun 11, 2017
Griffin Klema's answer
Copyright (the right itself) arises as a matter of law at the moment of creation. There is nothing further one must do to acquire a copyright. However, enforcing a copyright through an infringement action requires that one register the copyright before filing a lawsuit.
Your particular situation is not straightforward, and there are multiple issues that must be analyzed and too few facts to provide a complete answer.
First, your company may claim that your creative works are...
Copyright (the right itself) arises as a matter of law at the moment of creation. There is nothing further one must do to acquire a copyright. However, enforcing a copyright through an infringement action requires that one register the copyright before filing a lawsuit.
Your particular situation is not straightforward, and there are multiple issues that must be analyzed and too few facts to provide a complete answer.
First, your company may claim that your creative works are...
Q: Placed two weeks in new job then ran my driving record and said sorry but you can't work here even though it was arrang
1 Answer
| Asked
in
Employment Law, Workers' Compensation, Business Law and Communications Law
for
Texas
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Answered on May 12, 2017
Answered on May 12, 2017
S. Michael Graham's answer
Texas is an employment at will State. I don't feel you would have any legal recourse. You would need to consult with a labor and employment law attorney. Workers' comp deals with on the job injuries
Texas is an employment at will State. I don't feel you would have any legal recourse. You would need to consult with a labor and employment law attorney. Workers' comp deals with on the job injuries
Q: Is my idea for a fact compilation database protectable by patent, copyright or neither?
2 Answers
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in
Business Law, Intellectual Property, Internet Law and Patents
for
Texas
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Answered on Apr 22, 2017
Answered on Apr 22, 2017
Dr. Jamie Cuticchia's answer
Copyright law used to require that the person seeking copyright for compilations must do more than compiling data. This was the "sweat of the brow" doctrine.
That has changed, however. A compilation of data can be copyrighted, but is must only contain the "facts." Even so little as taking a comment from the author of a source of data can result in copyright infringement.
THIS IS FOR EDUCATIONAL PURPOSES ONLY.
Copyright law used to require that the person seeking copyright for compilations must do more than compiling data. This was the "sweat of the brow" doctrine.
That has changed, however. A compilation of data can be copyrighted, but is must only contain the "facts." Even so little as taking a comment from the author of a source of data can result in copyright infringement.
THIS IS FOR EDUCATIONAL PURPOSES ONLY.
Q: My father has just been legally claimed incompetent by by step mother, he has a very large estate and business. He us
2 Answers
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in
Business Law, Estate Planning, Legal Malpractice and Real Estate Law
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Texas
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Answered on Mar 25, 2017
Answered on Mar 25, 2017
Terry Lynn Garrett's answer
If your father has been declared legally incapacitated (in some states called legally incompetent), it has been by a judge. Check with the court handling probate and guardianship in the Louisiana parish where your father lives. The court records are public and should contain the name and contact information for both the lawyer representing your step mother and the lawyer appointed by the court to represent your father.
If your father has been declared legally incapacitated (in some states called legally incompetent), it has been by a judge. Check with the court handling probate and guardianship in the Louisiana parish where your father lives. The court records are public and should contain the name and contact information for both the lawyer representing your step mother and the lawyer appointed by the court to represent your father.
Q: I'm currently on workers comp and received one TIB Check... Will the carrier send my funds weekly or bi-weekly?
S. Michael Graham's answer
Your checks will be sent on a weekly basis. Make sure your adjuster is kept up to date on your work status. It's your responsibility to get work restriction documentation to the adjuster.
Your checks will be sent on a weekly basis. Make sure your adjuster is kept up to date on your work status. It's your responsibility to get work restriction documentation to the adjuster.
Q: I filed my business name as a Sole Proprietorship, Would it be best to incorporate for government contracting?
Matthew S Tadlock's answer
An LLC or a Corporation is essential to protecting business owners from liability (it will also allow you to get an EIN). Operating as a sole proprietorship leaves one open to personal liability.
An LLC or a Corporation is essential to protecting business owners from liability (it will also allow you to get an EIN). Operating as a sole proprietorship leaves one open to personal liability.
Q: When suing an LLC, do you list the owner name and LLC or simply the LLC. Ex. John Doe d.b.a. ABC Contracting or ABC Co.
Matthew S Tadlock's answer
A limited liability company (L.L.C.) is it's own legal entity. If you want to sue the owner individually, then list his name. If you are suing the company, then the LLC should be listed.
A limited liability company (L.L.C.) is it's own legal entity. If you want to sue the owner individually, then list his name. If you are suing the company, then the LLC should be listed.
Q: Can we cash it or is the boss entitled to it?
1 Answer
| Asked
in
Personal Injury, Business Law, Car Accidents and Small Claims
for
Texas
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Answered on Sep 18, 2016
Answered on Sep 18, 2016
Peter Munsing's answer
No. Your husband may be entitled to more. He shouldn't cash. Also, workers comp would have a claim and you cash it is't on your husband. .Your husband needs to talk to a member of the Texas Trial Lawyers Assn--they give free consults.
Boss isn't enttitled to that. If he's worried about the van then that gets covered by the other persons property damage insurance.
No. Your husband may be entitled to more. He shouldn't cash. Also, workers comp would have a claim and you cash it is't on your husband. .Your husband needs to talk to a member of the Texas Trial Lawyers Assn--they give free consults.
Boss isn't enttitled to that. If he's worried about the van then that gets covered by the other persons property damage insurance.
Q: I am trying to create a hold harmless agreement with subcontractors, but I'm not currently an LLC.
2 Answers
| Asked
in
Business Formation, Business Law and Contracts
for
Texas
on
Answered on Aug 29, 2016
Answered on Aug 29, 2016
Peter Munsing's answer
Whoever the contract is with. But you really want to pay for a consultation to review these questions with a business attorney
who focuses their practice on business formation. Your accountant can also have insights.Doing it all yourself off of the web, with all due respect to the vast acument of attorneys on the web, is not the way to go.
Whoever the contract is with. But you really want to pay for a consultation to review these questions with a business attorney
who focuses their practice on business formation. Your accountant can also have insights.Doing it all yourself off of the web, with all due respect to the vast acument of attorneys on the web, is not the way to go.
Q: Business partnership with company based in MA. My LLC in Texas. The agreement refers to Delaware law. Where to file?
Anton Pal Montano's answer
I am sorry you are having to deal with this legal issue. If you are planning to litigate your case, it may be good to speak directly with a business attorney to look at the facts of your case and also the terms of your contract. For instance, the agreement might have a forum selection clause wherein the parties agreed to litigate all matters only in specific courts or through arbitration. However, it is possible that you might be able to file your case in Texas depending upon the facts of...
I am sorry you are having to deal with this legal issue. If you are planning to litigate your case, it may be good to speak directly with a business attorney to look at the facts of your case and also the terms of your contract. For instance, the agreement might have a forum selection clause wherein the parties agreed to litigate all matters only in specific courts or through arbitration. However, it is possible that you might be able to file your case in Texas depending upon the facts of...
Q: Is the content from emails legally binding?
Anton Pal Montano's answer
It is possible for representations made in emails to cause the sender of the email to face liability if the representations are false, result in justified detrimental reliance, and it is also possible to create a legally binding contract based upon email communications. However, in this scenario and many other similar business or consumer situations, it is likely that there will be a final contract signed by the parties that will disclaim any reliance on prior representations made verbally or...
It is possible for representations made in emails to cause the sender of the email to face liability if the representations are false, result in justified detrimental reliance, and it is also possible to create a legally binding contract based upon email communications. However, in this scenario and many other similar business or consumer situations, it is likely that there will be a final contract signed by the parties that will disclaim any reliance on prior representations made verbally or...
Q: Are company's that report income and have assets but don't actually do anything are legal?
Anton Pal Montano's answer
I am sorry it is difficult to accurately answer this question without knowing further facts about the "businesses" owned by the father. There are many reasons why a particular business entity may have been created and there are many ways that a company may have "earned" income even though it does not appear that they are doing anything as you had mentioned. Generally speaking, the IRS would be usually concerned about companies that were NOT reporting taxable income versus reporting income....
I am sorry it is difficult to accurately answer this question without knowing further facts about the "businesses" owned by the father. There are many reasons why a particular business entity may have been created and there are many ways that a company may have "earned" income even though it does not appear that they are doing anything as you had mentioned. Generally speaking, the IRS would be usually concerned about companies that were NOT reporting taxable income versus reporting income....
Q: Hi we have a company but we would like to register our name and logo how we can do this ? thanks
Anton Pal Montano's answer
You may want to consult with a business law attorney regarding the particular facts in your case. I believe you might be asking about how to register your company name and logo for trademark protection. However, it is possible you may be asking for advice for another matter. If you are seeking trademark protection, please note that there are different levels of protection for a name or logo used as a trademark by a business. You may, for instance, already have established a common law...
You may want to consult with a business law attorney regarding the particular facts in your case. I believe you might be asking about how to register your company name and logo for trademark protection. However, it is possible you may be asking for advice for another matter. If you are seeking trademark protection, please note that there are different levels of protection for a name or logo used as a trademark by a business. You may, for instance, already have established a common law...
Q: Owner of Media Marketing company died (apparently) & his friend claims to b partner in business & is making demand
Anton Pal Montano's answer
Sorry about your situation. You may want to consult with an attorney to discuss all of the facts in your case. Based on the information you provided, it appears that your business contract was with the media marketing business and not with the "dead" partner individually. Thus, a big issue is whether the "friend" has actual authority to act on behalf of the business. It would be good to know more information about the media marketing business and the "friend's" role with the business to...
Sorry about your situation. You may want to consult with an attorney to discuss all of the facts in your case. Based on the information you provided, it appears that your business contract was with the media marketing business and not with the "dead" partner individually. Thus, a big issue is whether the "friend" has actual authority to act on behalf of the business. It would be good to know more information about the media marketing business and the "friend's" role with the business to...
Q: Contracts for contractors.
Anton Pal Montano's answer
You may need to discuss your business plans with a business attorney. There are many businesses that use independent contractors to avoid employment expenses. However, it is important that the independent contractor relationship is clearly defined through a contract, and that your relationship cannot be construed as an employer-employee relationship. For example, generally speaking, the more control that a business has over how someone performs their job, then the more likely that the...
You may need to discuss your business plans with a business attorney. There are many businesses that use independent contractors to avoid employment expenses. However, it is important that the independent contractor relationship is clearly defined through a contract, and that your relationship cannot be construed as an employer-employee relationship. For example, generally speaking, the more control that a business has over how someone performs their job, then the more likely that the...
Q: Can I buy a plumbing franchise with ok credit?
Anton Pal Montano's answer
Buying a franchise can be a good way to start a business. However, much of the relationship between franchisor and franchisee is contractual. Different franchisors may have different financial requirements for their franchisees. Thus, the franchise plumbing company would likely be the best source for the information that you need to determine if you would qualify to become a franchisee for them. Best wishes to you!
Please note that my answers are for general educational purposes...
Buying a franchise can be a good way to start a business. However, much of the relationship between franchisor and franchisee is contractual. Different franchisors may have different financial requirements for their franchisees. Thus, the franchise plumbing company would likely be the best source for the information that you need to determine if you would qualify to become a franchisee for them. Best wishes to you!
Please note that my answers are for general educational purposes...
Q: On A Partnership between 2 parties, when both have died and only one had heirs, what happens to partnership?
Adam Studnicki's answer
Review the partnership agreement and consult with a local business (and/or probate) 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 specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you...
Review the partnership agreement and consult with a local business (and/or probate) 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 specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you...
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