Ronald David Coleman’s Answers

Ronald David Coleman

New York Litigation Lawyer.

Contributor Level 10
  1. Reply to Cross-Motion

    Answered over 4 years ago.

    1. Herbert J Tan
    2. Ronald David Coleman
    2 lawyer answers

    I agree with Mr. Tan, unless the cross-motion does not actually raise new factual or legal issues already addressed in your original papers. But to play it safe and avoid waiver, answering appears to be wise.

  2. Is it legal to prohibit a contractor from starting/ working with a similar internet based marketplace website in U.S & Canada?

    Answered over 4 years ago.

    1. Ronald David Coleman
    1 lawyer answer

    It may or may not be. It appears that you are trying to ask whether the provision you have posted is enforceable, but that may very well depend on the relative situations of the parties, the nature of the negotiations and of the transaction, the locations of the parties and of the job, and other parts of the contract.

  3. I found a photograph of mine that taken without my permission used on a popular diet/exercise website in a flash presentation.

    Answered over 5 years ago.

    1. Ronald David Coleman
    2. Daniel Nathan Ballard
    3. Peyman Dadmehr
    4. Alan James Brinkmeier
    4 lawyer answers

    You have copyright in your photograph, but, as odd as it sounds, you do not have the legal right to sue someone for infringement of your photograph unless and until it is registered. You can find a lot of basic information at the link I have supplied.

  4. Cease and desist call from Getty Images for possible copyright infringement

    Answered over 4 years ago.

    1. Ronald David Coleman
    2. Pamela Koslyn
    3. Daniel Nathan Ballard
    3 lawyer answers

    These are the answers to this question -- there's nothing more to be said, except to warn anyone who published a website and may be reading this about how important it is to nail down exactly where the images you're using came from, and under what circumstances. Daniel, thanks for the link to Oscar Michelen!

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Can a peice of clothing be patented..and what type of patent would that be?

    Answered almost 5 years ago.

    1. Gerry J. Elman
    2. Pamela Koslyn
    3. Ronald David Coleman
    4. Daniel Nathan Ballard
    5. Jeffrey Thekdi Gedeon
    6. ···
    6 lawyer answers

    It is extremely unlikely that your dress qualifies as novel enough to be patented. But it is not impossible. The link below has a very good discussion of this issue.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Can I sue for libel, slander, defamation based on actions taken by an employer

    Answered almost 5 years ago.

    1. Ronald David Coleman
    1 lawyer answer

    You will need to speak to an Arizona lawyer, but you may indeed be able to bring a succesful lawsuit based on these claims, which are certainly serious.

    2 people marked this answer as helpful

  7. Can I sue a tax consulting firm that I hired to represent me at an IRS exam for which they failed to adequately represent me

    Answered over 5 years ago.

    1. Lu Ann Trevino
    2. Ronald David Coleman
    3. Matthew J. Mcbride
    4. James L Lindon Ph.D.
    4 lawyer answers

    I have a feeling I know which company you're talking about! There are many charlatans in this field. Unfortunately, your right to sue them is almost certainly limited by the agreement you signed with them, which probably requires you to either arbitrate any dispute or to sue them where they are located, not where you are. On the other hand, if this was a recent charge on your credit card, you should at least initiate the issuer's disputed charge procedure.

    1 lawyer agreed with this answer

  8. Can I use official MLB stickers purchased from an authorized dealer when making a new product .

    Answered over 4 years ago.

    1. Bernard Samuel Klosowski Jr.
    2. Ronald David Coleman
    3. Pamela Koslyn
    3 lawyer answers

    Indeed, this sounds like a trademark problem. And when dealing with Major League Baseball, you don't want to even get close to that sort of "problem" -- they are very aggressive with their IP rights, both real and imagined.

    1 person marked this answer as helpful

  9. Is it infringement to use a company's logo on a sample product?

    Answered over 4 years ago.

    1. Ronald David Coleman
    2. Daniel Nathan Ballard
    3. Kaiser Wahab
    3 lawyer answers

    It may very well be infringement, because you are describing a "use in commerce" of the trademark, even though you are not selling the samples. This is especially dangerous if you intend to let anyone keep the samples: Once these samples are out of your hands, you have no idea what will be done with them, and anyone looking at them can be expected to assume that the logos are authorized to be used on these products. Even if you only use these mockups in sales presentations, confusion is...

    1 person marked this answer as helpful

  10. Is it a copyright or trademark infringement to use images of generic versions of dolls (dam trolls, kiddles, etc) in a book?

    Answered over 4 years ago.

    1. Daniel Nathan Ballard
    2. Pamela Koslyn
    3. Ronald David Coleman
    3 lawyer answers

    This is a very fact-specific inquiry. The answer will be, as said above, dependent on how you intend to use the images, what you mean by "images" and "generic," what rights may be protected in the respective dolls, and a host of other factors. You will need to talk to a lawyer and lay out both your concept and, in all probability, arrange to have the publication vetted (reviewed in advance) to protect yourself, as well as to persuade any publisher to even consider getting near the book. Good...

    1 person marked this answer as helpful