Texas Business Law Questions & Answers

Q: Liquidation

1 Answer | Asked in Bankruptcy, Business Law and Employment Law for Texas on
Answered on Nov 30, 2017

Did they file bankruptcy or are they winding down the business? If they are in a bankruptcy case, then an attorney can probably help you. I would need to see the actual documents though, to understand what exactly is going on.
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Q: If a business closes that has a trademark logo can anyone apply for it?

1 Answer | Asked in Business Law, Copyright and Trademark for Texas on
Answered on Nov 24, 2017

The other party may have some remaining rights to the trademark. To know for sure, an attorney would need to perform a trademark search. Assuming the prior registrant has no rights; yes, someone else could apply for the trademark.
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Q: My conflict calls for arbitration but the defendant has defrauded my company. I want to file a lawsuit. can I?

1 Answer | Asked in Arbitration / Mediation Law and Business Law for Texas on
Answered on Nov 20, 2017

Arbitrators can address fraud claims and enter an award for fraudulent conduct. An attorney would need to see your arbitration agreement to advise whether it is possible to avoid arbitration. Also, it is possible to file a lawsuit and force the other side to expend resources to compel arbitration (which they may choose not to do).
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Q: If I own a C-corp, and I see another competitor advertising on AdWords using my business name verbatum, what can I do?

1 Answer | Asked in Business Law for Texas on
Answered on Nov 17, 2017

Yes, this is trademark infringement.
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Q: Can Majority of the shareholders dissolve their company. 55% to 45%. Two owners equal 55%, 1-45%. This is in Texas.

1 Answer | Asked in Business Law for Texas on
Answered on Nov 17, 2017

It depends on how the company is structured, but generally shareholders cannot dissolve a corporation, only the board of directors can do that.
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Q: Can I be fired from my job because I went to a competitor's establishment and they posted a picture of me there

1 Answer | Asked in Employment Law and Business Law for Texas on
Answered on Nov 17, 2017
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Q: I made an oral contract, a free favor. I was unable to do the task. Am I at risk in court?

1 Answer | Asked in Business Law and Contracts for Texas on
Answered on Nov 17, 2017

You are always at risk if you do not answer a lawsuit.
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Q: does a private company have a legal obligation to archive emails for any period of time

1 Answer | Asked in Business Law for Texas on
Answered on Nov 17, 2017

The answer to this question depends on the type of business. For instance, various financial companies are obligated to keep all emails. Also, if litigation is "anticipated," then there is a duty to preserve evidence. Some companies should always been anticipating litigation.
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Q: a mail forwarding company dont wanna ship my packages to me. its been three months

1 Answer | Asked in Business Law, Contracts and Consumer Law for Texas on
Answered on Nov 13, 2017

You must sue the shipping company for non-delivery or your package worth 2000$ (i) within time and that delivered to a wrong destination; etc. You can claim damages; amount of items if carrying bills thereof; legal cost incurred on the suit, etc. Consult Atty of your local jurisdiction for specific advice.
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Q: My company has been charged each month over a year for a service we discontinued.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Texas on
Answered on Oct 5, 2017

You need to calculate the whole over-payment so far charged to your company for services discontinued, as claimed. Did you formally discontinue the services? If so, it may establish your claim for their over-billing since then.

You indicated of contacting to the billers but they failed to appreciate your claim. Take it up formally with them showing their over-billing with details and give them a cut-off date for settlement of your over-payment with interest at the prevailing market...
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Q: In terms of Right to Publicity, does a charitable organization gathering donations count for commercial purposes?

2 Answers | Asked in Business Law for Texas on
Answered on Sep 30, 2017

It depends under which law that charitable organ was registered. If they need to public their report, they will disclose the donations otherwise not as the case may be.
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Q: What does it mean when a company name is trademarked?

1 Answer | Asked in Business Formation, Business Law and Trademark for Texas on
Answered on Sep 7, 2017

It depends on whether consumers are likely to be confused about the source of the trademark owner's goods/services. If both companies sell off-road equipment, you are likely infringing on the other company's trademark, even if you successfully register the business name in Texas.
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Q: Can a trademarked name hold title as a grantor of personal property being deeded to grantee an Llc?

1 Answer | Asked in Business Formation, Trademark and Business Law for Texas on
Answered on Sep 6, 2017

A trademark is not a legal entity and cannot hold title to other property.
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Q: If I'm trying to trademark "Recreation Beer Company" can I if there's someone named "Recreation Point Brewing Company"?

1 Answer | Asked in Business Law and Trademark for Texas on
Answered on Aug 8, 2017

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...
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Q: Is a referral (from dr to psych) sent with clearly visible medical information written on it a HIPAA violation?

1 Answer | Asked in Business Law, Civil Litigation, Medical Malpractice and Health Care Law for Texas on
Answered on Jul 7, 2017

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.
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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 | Asked in Business Law, Contracts, Copyright and Intellectual Property for Texas on
Answered on Jun 11, 2017

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...
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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 on
Answered on May 12, 2017

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
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Q: Is my idea for a fact compilation database protectable by patent, copyright or neither?

2 Answers | Asked in Business Law, Intellectual Property, Internet Law and Patents for Texas on
Answered on Apr 22, 2017

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.
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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 | Asked in Business Law, Estate Planning, Legal Malpractice and Real Estate Law for Texas on
Answered on Mar 25, 2017

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.
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Q: I'm currently on workers comp and received one TIB Check... Will the carrier send my funds weekly or bi-weekly?

1 Answer | Asked in Workers' Compensation and Business Law for Texas on
Answered on Feb 24, 2017

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.
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