Vermont Q&A by Practice Area

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Vermont Questions & Answers
1 Answer | Asked in Trademark for Vermont on
Q: A company has trademark that is "The [other word here]. Is it ok to use that other word by itself (without 'the')?
Jason Brooks
Jason Brooks answered on Apr 18, 2018

It depends on your intended use and the class(es) in which the other mark is registered. If there is no conflict with respect to the use (i.e. you are using the mark as an apparel company, and the other owner is using the mark as a landscape service, for example), then you are free to use and... Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for Vermont on
Q: Do I have any recourse ? I fell through the floor of my trailer, I rent, after informing landlord for well over a year
Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

Yes. Contact Vt Legal Aid.If you are over their income guidelines ask if anyone in their Landlord/tenant unit has left for private practice.

1 Answer | Asked in Personal Injury for Vermont on
Q: My child takes Learn to Ice Skate lessons at our local rink. We signed a waiver about injuries before the first class,

but my child was later hurt when a hockey player who wasn't supposed to be on ice at the same time as the skating classes hit a puck up and it collided with the side of my child's head. Would this invalidate the waiver so we can sue the rink for medical expenses? This was a scenario that... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 3, 2017

You want to consult a member of the Vt.Assn for Justice in your county--they give free consultations.

1 Answer | Asked in Bankruptcy for Vermont on
Q: I filed for and was granted a chapter 7 discharge. Do I have to pay past due property taxes ? I gave up my property.
Nels Hansen
Nels Hansen answered on Sep 7, 2017

You should contact your bankruptcy attorney or a local bankruptcy attorney with this question as it concerns bankruptcy and local property taxes. Property taxes are usually assessed against the property and the legal owner of the property based on a specific assessment date. In Texas, if your... Read more »

1 Answer | Asked in Trademark for Vermont on
Q: hello there is trademarked phrase that is "published for opposition" and the date is 2017-08-08. how would one oppose?

The trademark is for the phrase "no Ugly Crying" on a hankie, but it is not used as a logo or business name or slogan to identify the business. It is just a common phrase popular with brides that someone trademarked. I would like to oppose it as I do not believe it is a properly used... Read more »

Benton R Patterson III
Benton R Patterson III answered on Sep 1, 2017

To oppose the registration of a mark before it is issued you need to file an opposition proceeding and pay the required fee. For filing a notice of opposition on paper, the fee is $500 per class. For filing a notice of opposition electronically, the fee is $400 per class. The opposition must be... Read more »

3 Answers | Asked in Personal Injury for Vermont on
Q: I was walking my dog and and we both got knocked down by a cyclist -- will the insurer pay for my pet's vet bills?
David Alan Wolf
David Alan Wolf answered on Jul 20, 2017

The payment of medical bills will depend on the available coverage and the liability or fault for the incident or accident. The bicyclist may take the position that he or she was not at fault. If there was a police report, this may help clarify how the accident took place and how the insurance... Read more »

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1 Answer | Asked in Personal Injury for Vermont on
Q: Is my neighbor liable for injuries resulting from their tree falling on our house?
Mr. Michael John Gannon
Mr. Michael John Gannon answered on Jun 16, 2017

Possibly. It depends on whether your neighbors were on notice of the risk presented by the tree and failed to act. If that's the case then they are potentially liable.

1 Answer | Asked in Copyright for Vermont on
Q: I want to use a religious symbol I found online for a poster. Are religious symbols free of copyright?

The poster is for free meditation classes offered by a 501 c 3 only.

Will Blackton
Will Blackton answered on May 21, 2017

Religious symbols are not necessarily free of copyright protection. If the image you found online was created by an artist, and has some very minimal level of creativity applied to the work, that artist was granted copyright protection, even if the underlying symbol is in the public domain or... Read more »

1 Answer | Asked in Medical Malpractice for Vermont on
Q: I had some surgery on my touge about year and half ago.I was told by him the surgeon that the feeling would come back,

It has never come back.He admitted to my primary Dr.that he might of hit the nerves.Sonow the front tip kills me and the side that he did still hurts and he killed the nerves on the side to which still hasn't been done the right why. I live in Vermont what should I do i have to live with... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 21, 2017

Talk to a member of the Vermont Assn for Justice--they give free consults.

2 Answers | Asked in Divorce for Vermont on
Q: Have been married 30 yrs, separated 9 of those. I was awarded a personal injury claim recently,

Can my husband get any of it in divorce?

Robert Jason De Groot
Robert Jason De Groot answered on Nov 12, 2015

Go see a local family attorney for a full discussion.

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1 Answer | Asked in Criminal Law for Vermont on
Q: If someone has been charged with simple assault with mutual affray is it a non listed offense?

Would you still be eligible for work camp?

Robert Jason De Groot
Robert Jason De Groot answered on Oct 12, 2015

Get counsel on your side. The attorney you hire will investigate all the facts and circumstances and advise you accordingly.

1 Answer | Asked in Landlord - Tenant for Vermont on
Q: Okay question. A friend of mine got into some legal trouble regarding drugs. She was sentenced to 1-6 months on FSU.

Now she's clean and has been for over a year but the arrangements for FSU will be going into motion soon. She's going to go sign a lease tomorrow for an apartment. Can someone from the case tell the landlords exactly what she is getting charged for and the story? I'm in the state of Vermont

Robert Jason De Groot
Robert Jason De Groot answered on Oct 4, 2015

Why do you ask in this way. Whynot say what has happened? Her criminal court records are public, right?

2 Answers | Asked in Bankruptcy, Collections and Consumer Law for Vermont on
Q: I am considering filing bankruptcy but have a possible settlement coming in a court case that has been filed in fedl ct

PLZ presume I know I can see an atty, I know applic homestead/wild-card, etc., exemptions, and I know this is an asset...question is specific and answers will help me choose atty. Context: Ch 7, All debt is credit card, unsecured. Settlement/judgment will be more than enuf to pay off creditors.... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 3, 2015

The very best thing you can do is to have a full discussion with a bankruptcy attorney about this. You will find that the suit you have is an asset of your bankruptcy estate if you file for bankruptcy.

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1 Answer | Asked in Constitutional Law for Vermont on
Q: What are the laws in Vermont with regard to handicapped accessibility in motels especially if they were notified of nece

I'm in a wheelchair and advised the motel I would need a wheelchair accessible room upon arrival I found I was unable to fit through the door to the room nor was I able to get into the bathroom in fact they have no ada accommodations at all

Robert Jason De Groot
Robert Jason De Groot answered on Sep 30, 2015

You know about the ADA, right? Look it up on the internet. Find out about the local ordinance requirements and also research the state statutes or code on this topic.

1 Answer | Asked in Constitutional Law for Vermont on
Q: Where does the US constitution physically apply?
Robert Jason De Groot
Robert Jason De Groot answered on Sep 26, 2015

In the US and its territories, I think.

1 Answer | Asked in Estate Planning and Family Law for Vermont on
Q: How can an unmarried woman become the executor of the estate of her deceased partner of 8 years?

The deceased partner has only one relative, a brother who lives in Florida. The deceased does not have any living relatives in the state where both partners resided the entire eight years of their relationship. Would the surviving partner have to go to Florida to start court action to become the... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Sep 3, 2015

Go see a local probate attorney to get answers to your questions after a full discussion of the issues.

1 Answer | Asked in Criminal Law for Vermont on
Q: In Vermont is it legal for a 17 year old girl to have sex with a 20 year old guy? The age of consent is 16...

I'm 17 and my boyfriend is 20. We have been together for over two years now. We've never had sex because of my age, but now that i'm 17 is it legal?

Robert Jason De Groot
Robert Jason De Groot answered on Aug 20, 2015

It appears that the age of consent is 16 in Vermont. Do a simple internet search on this and read some of the results.

1 Answer | Asked in Copyright for Vermont on
Q: Copy right infringement I let somebody copy the video and they put on facebook

This information out on facebook may stop a real estate sale. I am a photographer and I did not give her permission to put on facebook.

Adam Studnicki
Adam Studnicki answered on Jul 31, 2015

Hard to say what's going on. Did the person violate the terms of a limited copyright license? A copyright lawyer can assist?

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...
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1 Answer | Asked in Car Accidents for Vermont on
Q: How can I get this man to pay for damaging my vehicle?

An old friend of mine claimed I ran over his foot, (at approximately 1 mile an hour). He has no damage to his foot whatsoever. Out of anger 20 seconds after that happened, he purposely kicked a gigantic dent into my vehicle. I want him to pay for it, but he refuses to. How can I go about doing... Read more »

John M DeProspo
John M DeProspo answered on Jun 14, 2015

Old friend? You could sue him in small claims court but don't be surprised if he counter-sues you for his injury.

1 Answer | Asked in Family Law for Vermont on
Q: Does a wife have the right to ask for copies of husbands mortgage application?
Peter Anderson
Peter Anderson answered on Mar 25, 2014

Yes. Through the process of "discover" when a legal action is pending.

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