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Ronald David Coleman

Ronald Coleman’s Answers

67 total


  • In a trademark cancellation proceeding, can i just use the other side's "testimonial" evidence in lieu of providing my own?

    I am a small business owner involved in a trademark cancellation proceeding against a large company. I believe i have a good case to show that the marks are not "confusingly" similar. The large company took many depositions during their "testim...

    Ronald’s Answer

    Yes, you may. Doing so may be a very high risk proposition, and it would be even riskier without a knowledgeable lawyer who is experienced in trademark law, however.

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

    You represent, warrant and covenant that during the term of this Agreement, that You, for yourself, Your heirs, assigns, successors, shareholders, officers, directors, employees, principals, partners, agents, managers and members, shall not engage...

    Ronald’s 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.

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  • I met a man on the internet who said he was 18, I later found out he is 17. I'm 33. I live in KY, can I get into trouble?

    I am a man living in KY who met a man on the internet who identified himself as 18. Just to make sure, I asked him again via email if he was 18. He replied he was definitely 18 (I still have the email). At that time we began sharing nude pictu...

    Ronald’s Answer

    You are asking a lot of questions which have potentially troubling implications. You should at the very least discuss these questions with a lawyer admitted in Kentucky before you do anything -- or anything else.

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  • If someone is making comments about me and even posting these comments on the internet what recourse do I have?

    If someone is making comments about me and even posting these comments on the internet what recourse do I have? Some of the comments accuse me of things that could be considered hurtful and I am not sure how to handle this. What should I do?

    Ronald’s Answer

    Chances are you have no recourse. It is not against the law, or grounds for a lawsuit, to hurt someone's feelings. The only possible recourse you might have that a lawyer could help with is if there is legally defamatory material -- false statements of fact that cause you harm. You may want to look at these resources to understand this issue better:

    http://w2.eff.org/bloggers/lg/faq-defamation.php

    I especially recommend you look at this Avvo legal guide:
    http://www.avvo.com/legal-guides/ugc/5-common-misconceptions-about-online-defamation

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

    I was wrongfully terminated, accused of selling products illegally on the internet, as reported to unemployment after a 3 month investigation unemployment found that companies statements untrue. in retaliation I was indicted and arrested resultin...

    Ronald’s 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.

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

    I designed a dress .Can I patent it.?.It is very different and unique

    Ronald’s Answer

    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.

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  • Can a subpoena be issued after a trail has been started?

    In a federal case

    Ronald’s Answer

    Absolutely! I assume you are referring to a trial subpoena for a witness.

    Although the Federal Rules do require "reasonable notice" of a subpoena, once "reasonableness" is not an issue (which will basically be up to the judge), a subpoena can be issued at any time through the trial (unless the party serving it no longer has a right to present witnesses).

    If you read the attached link, you will see one far out example of what can happen in a trial where just such a thing happened... or did not...

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  • Do the federal rules of civil procedure eliminate the possibility of bring suprised by evidence introduced at trial?

    Is the "Perry Mason" dramatic moment a thing of the past? If so is this a good thing or a bad thing?

    Ronald’s Answer

    Yes -- the Rules, in theory, do. Unfortunately, in the real world, the Rules are not always applied as they should be, and some judges are outfoxed by unethical counsel. But in the vast majority of federal courts, you will never be surprised by evidence if you are telling the truth. That's because impeachment evidence may sometimes not be required to be produced, depending on a given judge's or District's procedures and local rules, especially if the impeachment is of an assertion (presumably in oral testimony) that is new to the litigation. If that is the case, the other side may be allowed to produce new "impeachment evidence" to demonstrate that the new factual claim is, or may not be, true.

    Overall this a very good development, in my opinion.

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  • If merchandise on the sales floor has a price tag, doesn't that price have to be honored even if it's wrong?

    This is regarding a minor incident @ a Goodwill store in Vallejo, CA. I found a child's sleeping bag that had been marked w/a price tag of .99. But when I took it up to the register the cashier removed the price tag, said it was wrong and wanted ...

    Ronald’s Answer

    You were told something incorrect. It is possible that your employer had an "honor system" policy for customer relations purposes, but you were under an incorrect impression.

    An advertised price, including a price tag, is merely "an invitation to make an offer," not an offer itself, and you have no legal rights by virtue of merely spotting an erroneous sales price. The only time this may not be the case is where you have to do something (be one of the first 100 buyers, etc.) in order to get the "reward" of the special price.

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  • Bestbuy had a 52" TV on their webpage for $9.99..if you buy it do they have to sell it to you at that price if it was an error?

    On the internet this morning, Bestbuy had a 52", flat screen tv for $9.99,so we purchased it and it came out of our account. Now that the $9.99 is the purchase price, does the company have to honor the web price? The TV under it was a little over ...

    Ronald’s Answer

    No. An advertised price is merely "an invitation to make an offer," not an offer itself, and you have no legal rights by virtue of merely spotting an erroneous sales price. The only time this may not be the case is where you have to do something (be one of the first 100 buyers, etc.) in order to get the "reward" of the special price.

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