Joel Benjamin Rothman’s Answers

Joel Benjamin Rothman

Boca Raton Intellectual Property Law Attorney.

Contributor Level 6
  1. Can I copyright a design for jewelry?

    Answered 15 days ago.

    1. Joel Benjamin Rothman
    2. Barbara I Berschler
    3. Jeffrey Carl Brown
    4. Ray Beckerman
    5. Betsy Allison Butwin
    5 lawyer answers

    If you have not realized already, Etsy is a haven for infringement! I have posted some links below from www.artlawjournal.com that describe the problem. The first step is to get the infringement taken down using the Etsy DMCA takedown procedures. More info on how to do DMCA takedowns is here: http://www.sriplaw.com/guide-dmca-takedowns/ At the same time you should register a copyright in your work with the copyright office at www.copyright.gov. You also may want to consider obtaining...

    6 lawyers agreed with this answer

  2. I have a business on Amazon.com. I am the manufacturer of a brand of shampoo and conditioner. I am the Registered brand owner.

    Answered 15 days ago.

    1. Joel Benjamin Rothman
    2. Helena Kempner Kobrin
    3. Daniel Nathan Ballard
    4. Joseph Richard Dreitler
    5. Barbara I Berschler
    6. ···
    6 lawyer answers

    Step #1 in this situation is always to purchase his product and see what comes in the mail so you can compare it to your product. Ask a friend to make the purchase and have it shipped to their house so it will not appear suspicious to the seller. When you receive it take photos to show how it is different from your authentic product. Now you have conclusive evidence of infringement you can present to Amazon or use in a lawsuit. Be prepared, however, because these are not easy cases. If...

    4 lawyers agreed with this answer

  3. Should I use LegalZoom.com or should I contact a lawyer in my area?

    Answered 1 day ago.

    1. Daniel Nathan Ballard
    2. Eric Edward Rothstein
    3. Robert George Gingher
    4. Dylan O Adams
    5. Joel Benjamin Rothman
    6. ···
    6 lawyer answers

    Caveman lawyer say: legalzoom bad. No use Legalzoom. Legalzoom give no advice. Legalzoom give no direction. No waste money on Legalzoom.

    2 lawyers agreed with this answer

  4. What is the best way to reimburse an employee for taxable expenses?

    Answered about 1 month ago.

    1. Joel Benjamin Rothman
    1 lawyer answer

    Your question says "I want to reimburse her each pay period however, that reimbursement will be taxed." This assumes that you are classifying the reimbursement as wages. If you are including the reimbursement in her wages then yes it will be taxed. But it does not have to be that way. There is no reason why you need to include this reimbursement in the wage portion of her paycheck. Your payroll processing company can classify this amount as non-wages. Speak to the person who prepares...

    1 lawyer agreed with this answer

  5. What can i do about my boss making me work off the clock?

    Answered about 1 month ago.

    1. Joel Benjamin Rothman
    2. Susan A. Wuchinich
    2 lawyer answers

    This violates the Fair Labor Standards Act. You should report your employer to the Department of Labor. You can also file a suit for damages. Your employer cannot retaliate against you without incurring further violations.

    2 lawyers agreed with this answer

  6. Is a company allowed to use your picture for advertising purposes without your permission

    Answered about 4 years ago.

    1. Joel Benjamin Rothman
    2. Mario Sergio Golab
    3. Pamela Koslyn
    4. Maurice N Ross
    4 lawyer answers

    The Florida Statutes, section 540.08 prohibit the use of someone's name or likeness for advertising purposes without their permission. See: http://www.flsenate.gov/Laws/Statutes/2010/540.08 If you are able to prove that the statute was violated you may recover a reasonable royalty. What that amount is depends on a number of factors. If you believe you did not give consent and are entitled to recover a royalty you should consult an attorney.

  7. I am opening a boutique and i was wondering if it is illegal if i sell coach replicas.

    Answered about 4 years ago.

    1. Joel Benjamin Rothman
    2. Pamela Koslyn
    3. David Oppenhuizen
    4. Maurice N Ross
    4 lawyer answers

    If by "coach replicas" you mean copies of leather goods made by the brand Coach then the answer is yes, it is illegal. The sale of pirated goods is trademark counterfeiting and can give rise to criminal charges as well as civil lawsuits against you.

    1 lawyer agreed with this answer

  8. Privacy compromised

    Answered about 7 years ago.

    1. Joel Benjamin Rothman
    1 lawyer answer

    After placing the fraud alter on your credit report, the next step you should take is to determine whether the new bank account you opened is the source of the information breach. Most banks have a fraud department and you should contact the fraud department at your bank and supply them with the information regarding the individuals who contacted you that received your information. In addition, obtain a copy of your bank's privacy policy. Most banks post this on their website. Your bank may...

    1 lawyer agreed with this answer