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Paul C Jorgensen
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Paul Jorgensen’s Answers

144 total


  • For a trademark to be a double entendre caselaw states that the second meaning must be readily apparent from the mark itself....

    For a trademark to be considered a double entendre the courts in In Re The Place Inc ( The Greatest Bar) and in re Wells Fargo (EXPRESSERVICE) have stated that the double entendre must be readily apparent from the mark itself without reference to ...

    Paul’s Answer

    Without a clear view of the subject trademark, this is a hard question to answer. Generally, all trademark law is focused on the consumer and, more specifically, on whether is a likelihood that a consumer would be confused by a trademark. If the mark is primarily descriptive, the PTO will not accept it for registration. If it is suggestive, which means it could have more than one meaning, the analysis will always return to the consumer - how will they see it? You should seek a trademark attorney to assist you with this.

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  • Can I sue eBay for damages made by removing a product I had listed for sale and stating it was counterfeit

    I am a wholesaler and dropship items that I list on eBay. Today my item was removed due to a report that stated the item was counterfeit. The item is genuine and I have already sold three of the items. Not only does this action sabotage my busines...

    Paul’s Answer

    Agreed on the contracts nature of this question. Before you consider suing, which is always a violent and expensive option, why not contact eBay directly and discuss why they believe that your item is counterfeit or somehow unauthorized. With that information, you will have a clearer view of whether you have a basis to complain, negotiate or sue.

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  • Is it legal to create a website where I link to other websites, use thumbnail images and descriptions for those websites?

    I would like to create a website where I link to other webpages, write short descriptions and use thumbnail images for those webpages. It will be just like digg.com. Is that legal?

    Paul’s Answer

    I agree with my colleague, you probably should sit down with an IP lawyer who understands websites. A link by itself is usually not a problem, but using images from the site may be considered unauthorized reproductions and a copyright violation. You are probably in good shape, but invest now in talking with an attorney skilled in this area - it will save you money in the long run.

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  • I am a contracted worker here in Colorado. My Broker is Shady , and conducts illegal business practices, child labor laws.

    My rights to Full Disclosure of Services have been been violated. As a contract worker my Freedom to work wherever and when ever it exists has been taken away.

    Paul’s Answer

    Not sure what your question is, but if you feel that you have been wronged in a work environment, talk to a local attorney who is skilled in employment issues. That person should be able to give you a better idea whether your facts give you a cause of action or whether it is best to move on.

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  • Verbal breach of contract question

    My ex and I verbally agreed that if we split he would pay for any costs needed to for me to get re-established. I gave up everything I owned because he assured and promised me and my family he would take care of me as well as my children. This was...

    Paul’s Answer

    I agree with my colleague and would only add that you make sure that your local attorney is also very practiced in the area of family law. There may be state or local laws or cases that can help you resolve your matter.

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  • Mediation agreement

    My daughter and I came to agreement in mediation for me to have sole managingship over grandaughter since she has been with me for three years. Now she says when she turns seven she want her but bare in mind she has never did nothing for her. She...

    Paul’s Answer

    Given the apparent facts, you need to consult with a local family law attorney. Since you may have ongoing issues, establish a relationship with an attorney that you are comfortable with and can call in the future.

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  • I agreed to let the buyer of my car to make payments to me. He has breached the contract. What are my remedies?

    Sends payments late. Is behind on payments. Refused to fully insure the vehicle per contract.

    Paul’s Answer

    Your remedies will depend on several things, most importantly the terms of the contract. Those terms will show what each party understood at contract signing and what remedies are appropriate. For example, if there is an obligation to pay a certain amount by a certain date, you may seek damages based on what you expected to receive. There are other potential damages too, so consult a local attorney who may have experience with personal car contracts.

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  • I want open a virtual store need pay fee or tax to govern California?

    And what a wholesale need give me to I resell they clothes and it be not a fake illegal

    Paul’s Answer

    You will need to be more clear about your question. If you believe you may be subject to California tax laws, you should probably seek an attorney and an accountant in California who can help you work within those laws.

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  • Opening a new business

    what are cost of getting everything started? is there a package to start the business

    Paul’s Answer

    Not sure if this is an internet or even a legal question. Certainly, an attorney can help you with business organization, but many states make this process easier for individuals to do this themselves online. For a better assessment of costs, talk to others who have opened similar businesses, then make your own business plan with a budget.

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  • If a trademark is facing a petition to cancel on the grounds that it is merely descriptive...

    If a trademark is facing a petition to cancel on the grounds that it is merely descriptive, what happens to the registration if the registrant loses? Does the mark get placed on the supplemental register or is it just canceled completely?

    Paul’s Answer

    Agreed with my colleague on cancellation. You should get help from a trademark attorney as defending a cancellation can be complicated. However, you should know that the PTO is very hesitant to cancel trademark registrations and requires the petitioner to put on quite a bit of evidence.

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