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Stamatios Stamoulis

Stamatios Stamoulis’s Answers

7 total

  • Can I use a symbol based on road sign as a trademark for a website?

    Can I use a symbol based on road sign as a trademark for a website? For e.g. A sign that looks exactly like Freeway I-75 sign except with '5' flipped backwards but everything else same as the actual road sign.

    Stamatios’s Answer

    The short answer is probably yes, but it depends on how you differentiate your mark from the original that you are basing it off of. You also need to check and see if anyone else is using that mark. For example, Kmart uses a stylized Rout 66 sign as a trademark for its clothing line.

    Disclaimer: The answer provided above is for informational purposes only and contains general information regarding intellectual property, patents, trademarks, copyrights, and/or corporate and commercial law. No information provided herein is intended to be a source of legal advice. Receipt or review of information presented above does not create an attorney-client relationship. You should not act or refrain from acting on the basis of information provided above without seeking legal advice of counsel. Stamoulis & Weinblatt expressly disclaims any and all liability with regard to actions taken or not taken based on any of the information in this answer. Stamoulis & Weinblatt LLC reserves the right to modify this disclaimer at any time.

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  • I was put on probation in 09 and while on probation a 08 charge came up i was convicted for the 08 charge now im violated

    can i be violated for a charge that happened before i was put on probation

    Stamatios’s Answer

    The answer to this question depends on what your probation was based on. If there was a pre-sentence report that was prepared in advance of your plea, and that report asked you to disclose any other crimes for which you had been accused, then your answers to that report will be important. Typically, if you disclosed the other charge and it was considered in conjunction with the grant of your probation, then there should be no impact - but this is a very fact specific question.

    Disclaimer: The answer provided above is for informational purposes only and contains general information regarding intellectual property, patents, trademarks, copyrights, and/or corporate and commercial law. No information provided herein is intended to be a source of legal advice. Receipt or review of information presented above does not create an attorney-client relationship. You should not act or refrain from acting on the basis of information provided above without seeking legal advice of counsel. Stamoulis & Weinblatt expressly disclaims any and all liability with regard to actions taken or not taken based on any of the information in this answer. Stamoulis & Weinblatt LLC reserves the right to modify this disclaimer at any time.

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  • First DUI, will my DUI record clear out after 5 years if i didn't get a second DUI with this five years?

    if i got my first DUI with BAC .12. but i was perfectly sober. i also passed all other test that the police let me do. what might happen to me? most likely jail? or fine? or 72 hours of community serves? will this first DUI be on my record forever?

    Stamatios’s Answer

    The answer to this question depends on the state where you received the DUI. Many states have a "first offender" program. The requirements to be eligible for the program vary, but generally require that you have a BAC of less that 0.15, that no one was injured as a result of your driving and that your license is in good standing (i.e., not suspended at time of incident).

    If you meet these requirements, you may be eligible for a program that will require you to pay a small fee and restores your license after the completion of an alcohol class. You also need to be sure you pay attention to any penalty the DMV may impose. They are separate from the criminal system and may impose penalties at a separate administrative hearing.

    Disclaimer: The answer provided above is for informational purposes only and contains general information regarding intellectual property, patents, trademarks, copyrights, and/or corporate and commercial law. No information provided herein is intended to be a source of legal advice. Receipt or review of information presented above does not create an attorney-client relationship. You should not act or refrain from acting on the basis of information provided above without seeking legal advice of counsel. Stamoulis & Weinblatt expressly disclaims any and all liability with regard to actions taken or not taken based on any of the information in this answer. Stamoulis & Weinblatt LLC reserves the right to modify this disclaimer at any time.

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  • What is a "Dead Docket" in GA Criminal Court, and what impact does it have on military/civilian health care services employment?

    I have been charged and prosecuted for a simple battery family violence charge and obstruction of justice. Although I dial 911, upon arrival of the GA PD, I was arrested and charged. The case was placed on the "Dead Docket" of the state of GA cr...

    Stamatios’s Answer

    Your question requires more facts about what actually happened in the Georgia case. Typically, whenever you resolve a criminal case, you are advised of your rights to further proceedings and told what you are agreeing to as part of the plea.

    In many misdemeanor cases, you can plead no contest or even guilty to a charge and not receive probation or a fine - so the penalty you received is not relevant. Review any paperwork you signed and it should tell you the nature of your plea.

    Finally, many employers may overlook a minor misdemeanor that was resolved with no penalty. Those same employers, however, may not overlook someone trying to conceal a prior criminal plea. In some cases, it may make more sense to over-disclose and include a detailed explanation rather than trying to avoid disclosure - especially if a simple background check done by the employer would turn up the record,

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  • I am in an llc and my partner has been stealing money from our business. What can I do?

    She has been buying personal items and paying her personal bills and those of her boyfriends

    Stamatios’s Answer

    I have to assume that you no longer want to be in business with this person. Defending on where your LLC is formed, you can petition for dissolution of the LLC. In a petition for dissolution, the person seeking dissolution can typically ask to have the property a member improperly took count against his/her share of the remaining assets and/or capital contributions. For the record, I deal primarily with Delaware LLCs and these dissolutions are administered by a court that can consider facts such as the ones your question raises.

    Disclaimer: The answer provided above is for informational purposes only and contains general information regarding intellectual property, patents, trademarks, copyrights, and/or corporate and commercial law. No information provided herein is intended to be a source of legal advice. Receipt or review of information presented above does not create an attorney-client relationship. You should not act or refrain from acting on the basis of information provided above without seeking legal advice of counsel. Stamoulis & Weinblatt expressly disclaims any and all liability with regard to actions taken or not taken based on any of the information in this answer. Stamoulis & Weinblatt LLC reserves the right to modify this disclaimer at any time.

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  • If an employee shares data with a company from whom the data was taken, is this a breach of trade secret law in Georgia

    company paid to take data from competitor competitor's data is completely public and accessible by anyone with a web browser employee sent competitor notice that data was taken...with samples employee accused of trade secret violation ...

    Stamatios’s Answer

    One of the primary requirements of establishing that the data in question is a trade secret is a showing that the owner of the data took adequate steps to protect data as a trade secret.

    The burden of proving that the data is a trade secret rests with the person asserting the trade secret violation. If you have evidence that that data was not kept secret and was publicly available, that evidence will be important to your defense.

    Trade secret law is a fact intensive area, and without more detailed specifics, it is difficult to provide a more comprehensive answer to your question.

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  • Can an old patent claiming to have invented the process in which content is uploaded and distributed online be declared invalid

    I along with 5 other internet companies just got served a lawsuit stating that my website has infringed on an 8 year old patent which claims to have invented the way news releases and articles are uploaded and distributed online. I realize the ...

    Stamatios’s Answer

    Since you have already been sued, you need to evaluate your options in the context of the pending litigation.

    Depending on which Federal Court is hearing your case, filing a re-examination may result in a stay of the action. This stay could last over five years while the USPTO evaluates your re-examination petition.

    The decision regarding whether to file a re-examination and if that re-examination will trigger a stay is very important and should be discussed at length with your counsel.

    Re-examination, however, is not the only way to challenge the validity of the patent. Just last week, the Supreme Court issued the much anticipated decision in Bilski v. Kappos. If the patent in your suit involves a method, this recent Supreme Court case will have very important implications on your validity challenge.

    Many considerations will depend on where this case is being heard. Without that information, it is difficult to give you more specifics.

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