Charles I. Pollack's Answers

Is copying righting a logo better than trade marking a logo?

Look at these descriptions, and decide: Copyright is for literary works (such as books), visual arts works, performance works, motion pictures, musical works, and the like. A trademark (or service mark) is used to protect a word, phrase or symbol (or combination) which identifies goods or services and distingiushes them from those goods produced or services provided by others. You mentioned a "business logo" which sounds more like a trade mark. In general, because a trademark is...

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Can a shipping company raise the rate after your shipment is 1/2 way to its destination w/out notifying you beforehand/

There are different types of estimates within the shipping industry; however, the shippers are subject to the rules and regulations of the Federal Motor Carrier Safety Association (http://www.fmcsa.dot.gov). I would suggest you search their website, as it has some helpful consumer information. My understanding is that, at the time of delivery, the moving company cannot charge you more than the amount of the binding estimate, unless you have added services.

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After a short sale when do I leave the house?

Depends on what the contract says...typically at the time of closing, but it can be negotiated.

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Do you have to pay for damages to property without invoices proving that amount that should be paid?

You weren't clear as to why insurance companies are involved for both the landlord and tenant. This would be unusal in a typical residential lease situation. If your previous landlord owned 10 or more rental units (including units owned by immediate family members) or there was a professional management company involved, Gerogia law has very strict requrements about retuning security deposits and accounting to the former tenant for any monies withheld. This includes specific timing and...

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When renewing a office space lease agreement so I submit a new agreement?

You do not need a new lease, even if its a commercial lease. This is true even if some of the terms - such as rent - change. Preparing a brief amendment which extends the lease term and tackles any other changes shoudn't be too difficult. A common situation in which I've seen a new lease may be desired is if there's been a change in one of the parties (i.e., if the lease was assigned, and the current landlord or tenant was not the same as the one named in the original lease).

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Is it legal to know the total salary of my boss?

I suspect the other responses accurately answer your question; however, the answer may be different if the company was publically traded, or otherwise subject to reporting requirements under securities laws. In certain cases, compensation paid to company executives must be disclosed, and would be available to the general public.

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I have a Quit-Claim Deed from 12-99. States property is owned JOINTLY (in GA). One party passed away, intestate.

It is always important to look to the intent of the parties. Generally, in Georgia, if the property is intended to be owned jointly, with rights of survivorship" (meaning that the survivor of the joint tenants would own the property), the deed must say so. We sometimes see language which says "as joint tenants and not as tenants in common" to express this intent. In the absence of such clear intent, the ownership would be as tenants in common (in which case, the heirs of the deceased tenant...

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Was I taken advantage of?

It depends. Before going from a program which would cost you $500 to one which costs you more than ten times that, you should have inquired of your lender and had all those questions answered. Also, under Federal law, you should have received various disclosures which detail the terms of the transaction and costs involved. This information is ususally provided shortly aftter your application. Additional disclosures are given at closing. If the transaction was a refinance, Federal law...

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Can a friend who is not in the loan business loan money at shark rates.

While Georgia usury statute may not be the best, any charge of more than 5% per month is criminal (Code Section 7-4-18)...there's an exception for licensed pawn brokers (not sure if this includes your "friend'). Under case law, the loan would be illegal, and would require your "friend" to forfeit all interest (he could still collect the principal). Since it involves a criminal act, you may want to consider speaking with the prosecuting attorney's office (solicitor or district attorney).

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In GA, does a poa have to be recorded for real estate quit claim deed transfer. if not are they legal anyway?

The POA should be recorded in case of a real estate transfer. While the age of the POA doesn't automatically matter, the actual terms of the POA could limit its duration or the powers which the individual given the POA has. Also, the POA should be signed with the same formality as the deed (typically, a Notary Public and one addtional witness) under the equal dignity rule. With regard to the bigger picture - your concern over your sister's self-dealing and perhpas inappropriate or illegal...

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