Lior Y Leser's Answers

How should one register copyrights for a derivative work (remix with cleared sample)?

Your concerns are best dealt with in a comprehensive licensing agreement. It is by far a more important focus than the registration of the derivative work. Your rights to your performance and the derivative work will be determined through negotiation and failure to tighten your licensing agreement may result in loss of rights.

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It is difficult to find an unused URL. What are the cautions when using a URL that may be similar to an existing one.

Basically you want to make sure that the domain name you choose is not claimed as a trademark by a competitor. Many domain names are descriptive in nature and not part of a registered or claimed trademark. Other domain names are identical to a claimed mark. Avoid those unless you are in a different industry and providing a noncompetitive product.

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Served by Bankrupcty Trustee

Absent any additional details, I would advise that you not close the company. Dissolving a company will not benefit you. Right now the company is the debtor. If you close it down, after a claim has been filed, shareholders might face personal liability. In addition, if the court sees your actions as an attempt to avoid a debt, you might face personal charges of fraud as well. Let the trustee go after the company for its lawful debts. You might be able to structure a deal whereby you receive a...

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I own the domain name for the management company I pay rent to.

In the olden days (some 10 years ago) this idea was very popular. You would buy domain names of popular companies and either (1) try to resell it to them or (2) post a site and hope to get some traffic from the name. Many followed this business strategy and bought names like ford.com, ibm.com and others. The law finally caught up and stopped it. Now its called cybersquatting and is illegal. Companies can sue under federal law and can use an international arbitration process to reclaim the...

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Is my website idea legal?

There are many complexities in sweepstakes and contests law. At its core, it is not legal to charge an entry fee (in your case payment for website credits) for a chance at winning a prize (whether it is credits redeemable for a prize or cash). Any competition where the prize is distributed based on "chance", mud the free. Is your trivia game a chance based game? That would depend on the details of your game. Can this trivia game be converted to a skills-based competition that would, in most...

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Does aggregating ratings for places qualify for fair use?

First, using weather information is very different from using propriety ratings. Many sites build new ways of rating businesses. Their ratings are provided to the public under a specific license. If free, its meant to drive business their way. You cannot copy their ratings under a fair use proposition. You are copying a proprietary rating for commercial reasons, in clear violation of their terms of service. You're asking for trouble. Second, depending on how your bot works, you might be...

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Email Harvesting

while there are many variation on email harvesting and no quick answer is satisfactory, in general CAN SPAM does not prohibit email harvesting. There are countries where such tactics are illegal but not in the US. That said, you have to be very carefully, CAN-SPAM does impose extra penalties in the event you are found to have violated CAN SPAM provisions (like false headings or unsubscribe rules) while using harvested email addresses. This is a very tricky part of the law. It often requires an...

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How dose a parter resign from an LLC and the other contiue the business?

I assume that you did not draft and execute an Operating Agreement for the LLC that would clarify these questions. LLCs are very flexible organizations. Using an Operating Agreement, you could have given her 30% of the membership rights (same as stock) but tool 100% of the tax liabilities. Absent an Operating Agreement, you would have to rely on state law. With out any reference to a particular state, you don't typically resign from an LLC. If you own 70% of the company, you can buy her out....

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If I wanted to traidmark a phase, does the application have to include every type of Tess advertisement it might be used in?

For a trademark registration of a single class you do not need to file every type of potential advertisement. You are asked to send in example of actual advertisements as proof that the mark is used in the stream of commerce. Sending "potential" advertisements is not needed. A trademark lawyer can walk you through the registration process. You'll save a great deal of time and money.

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DO I NEED A LAWYER OR MY 19 YEAR SON?

Consult with an attorney right away. It may be advisable for him to try and object to the release of your information.

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