-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Nancy L. Lanard's Answers
- 126 Legal Answers
- 5 Legal Guides
4
Attorney answers:
Business Name Includes Another's Trademark.
If your use of the name predates the other company's registration and use in your marketing area, then you actually have priority rights over the other company regardless of the registration. In trademark law, the registration provides a holder of the mark with presumptive rights - meaning it is "presumed" that the holder has priority rights. This presumption can be disputed by a person or company using the name prior to the registration. Therefore, if you used the name PurpleWidgets.com in...
Selected as best answer
3
Attorney answers:
If A Lawyer Fails To Answer A Question?
I think you can assume that he/she doesn't want you as a client. I would certainly be wary of an attorney that was not willing to answer your questions.
Selected as best answer
3
Attorney answers:
Can a business name be changed after the EIN was already requested online and confirmation letter received from the IRS?
Your question does not indicate if you formed a corporation or limited liability company (LLC) and obtained the EIN for that entity. If that is the case, then you will just need to file amended articles of incorporation or amended articles of organization with the Commonwealth. It will not impact your EIN except that you will need to notify IRS of the name change. It is OK to have 2 businesses with the same name in the same state as long as you are not violating their trademark. If you are...
Selected as best answer
3
Attorney answers:
Do I need a new TID if I am taking over my grandmother's business.
In order to properly respond to this question I would need further information. For example, was the gift/flower shop set up as a separate legal entity - corporation or LLC or was it run as a sole proprietorship? If a corporation or LLC, then you could take over ownership of that entity and maintain the same TID. If she ran it as a sole proprietorship, then the TID was most likely her social security number and you would need to obtain a new number for your business. To transfer the...
Selected as best answer
4
Attorney answers:
Can a franchise be investigated for fraud?
Unfortunately PA does not have a state franchise law that can help you in the way some states (NY, CA, MD, VA, etc) do. The FTC governs franchising nationwide, but does not have a private right of action - meaning that it does not provide you with a right to have them sue on your behalf. You can have them investigate the matter, but they are quite back-logged and understaffed. The Statute of Limitations on fraud does not begin to toll until you had knowledge of the fraud. If that is recent,...
7 lawyers agreed with this answer
2
Attorney answers:
Disadvantages of husband /wife owned business
To be a woman or minority owned business in PA is not a simple process and is not just a matter of the percentage ownership interest you and your wife each have. You will have to show that your wife actually is the primary owner of the business and in fact knows everything about running the business. Here are some of the criteria : Be at least 51%-owned and controlled by qualified minorities and/or women. Qualify as a small business (no more than 100 employees). Be owned by a United States...
7 lawyers agreed with this answer
4
Attorney answers:
Should Investment group use an LLC or LP to invest in a new service venture being operated as an LLC?
From a pure legal liability perspective, you should be an LLC. If you were to choose the LP from a tax perspective, then the GP should be a corporation or LLC to avoid personal liability. LPs used to be very common in PA, but with the advent of LLCs, there is not the same rationale to use the LP format. As you noted, the GP partners would have liability. If the GP is not a corporation or LLC, but rather, individuals, this means they have personal liability for the venture. Depending on the...
7 lawyers agreed with this answer
3
Attorney answers:
Paying corporate business credit card from personal checking for personal expense?
If you are using the business credit card for personal expenses, I would suggest that you pay the card from your business account and then reimburse yourself for those expenses that are personal (assuming the card has both business and personal expenses). However, the cleanest approach is to use that card for business expenses only and personal expenses on a separate card. If this answer helps, please mark this as a "best answer".
Selected as best answer
2
Attorney answers:
Is it legal to use someone elses name to start a bar
In addition to the suggestion already given by my colleague to notify the Board, I would also send a letter to your former employer notifying him/her to immediately have your name removed from the liquor license since you have potential liability. In the notice, make sure you let the owner of the bar know that you will hold him/her responsible for any and all liability incurred because your name is on the license.
5 lawyers agreed with this answer
4
Attorney answers:
Our franchise attorney says we need to file paperwork with the California Dept. of Corporations?
If you are a CA franchisor you must register your FDD (Franchise Disclosure Document) with the State of CA Franchise Division, Department of Corporations, 1515 K Street, Sacramento, CA 95814 - (916) 445-7205. The franchise agreement and all other agreements that a new franchisee must sign must be part of the FDD, along with the required 23 items (required by federal law under the FTC and by CA regulations), the table of contents and pages for the Operations Manual, audited financial statements,...
6 lawyers agreed with this answer