Ronald David Coleman’s Answers

Ronald David Coleman

New York Litigation Lawyer.

Contributor Level 10
  1. Transfer of copyright from criminal who holds copyright as payment for restitution judgment

    Answered over 4 years ago.

    1. Kenneth Leo Kunkle
    2. Ronald David Coleman
    2 lawyer answers

    This will depend on the terms of the restitution judgment and the statute under which it was awarded. It may be possible to return to the court to request this relief.

  2. Trademark / Copyright protection for design/idea that would involve major league team logo's within design???

    Answered over 4 years ago.

    1. L. Maxwell Taylor
    2. Ronald David Coleman
    3. Pamela Koslyn
    3 lawyer answers

    The short answer is that you are very unlikely to be able to "protect" your "idea." Ideas are generally not protectible. Copyright protects works of originality; trademark protects the association of a word or symbol with a product or service; patents protect truly novel inventions -- but unique or clever marketing or even product ideas are usually not protectible by the intellectual property laws. If, however, your idea really is that exceptional one that is protectible, using someone...

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

    Answered over 4 years ago.

    1. Ronald David Coleman
    1 lawyer 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.

  4. 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?

    Answered over 4 years ago.

    1. Ronald David Coleman
    1 lawyer 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.

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

    Answered over 4 years ago.

    1. Ronald David Coleman
    1 lawyer 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-...

  6. Can a subpoena be issued after a trail has been started?

    Answered almost 5 years ago.

    1. Ronald David Coleman
    1 lawyer 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...

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

    Answered almost 5 years ago.

    1. Ronald David Coleman
    2. Alan James Brinkmeier
    2 lawyer answers

    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 (...

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

    Answered almost 5 years ago.

    1. Ronald David Coleman
    1 lawyer 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...

  9. 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?

    Answered almost 5 years ago.

    1. Ronald David Coleman
    1 lawyer 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.

  10. Can I sell online crafts using wine corks w/ the wine companies names showing on the corks?

    Answered almost 5 years ago.

    1. Ronald David Coleman
    1 lawyer answer

    You will certainly "get in trouble" if you do this, because it would be a trademark infringement.