C. Enrico Schaefer's Answers

C. Enrico Schaefer
Traverse City Internet Lawyer.
Contributor Level 7

4

Attorney answers:

  1. C. Enrico Schaefer
  2. Jennifer L. Ellis
  3. Max Eldon Harger
  4. Pamela Koslyn

What can be done to stop a woman from harassing me in an online forum. I told her to stop and closed my account.

Asked by a user in Orange Park, FL - about 1 year ago.

Most forum's do forbid this kind of behavior under their terms of use, as others have noted here. Keep in mind that they could simply disable the persons account which could make her even more angry. Sometimes, it is best simply to ignore. If you are beyond that point, then you should be ready to go to court and get a Personal Protection Order (PPO).

Selected as best answer

4

Attorney answers:

  1. Maurice N Ross
  2. Pamela Koslyn
  3. C. Enrico Schaefer
  4. Vincent T Lyon

Is it legal to use a high schools team nickname within your business name and have a mascot that reflects that name. It is a

Asked by a user in Tarrytown, NY - about 1 year ago.

What you are looking to do would be defensible if there is another use of the name beyond the school mascot. For instance, a high school might be 'wolverines.' Michigan is also the wolverine state. There are dozens of companies in Michigan using the name Wolverine. But none would likely involve, for instance, selling University of Michigan football memorabilia. Many team names are common words with lots of trademark uses beyond the team use. The other posts are correct. The issue is...

4

Attorney answers:

  1. Pamela Koslyn
  2. Shawn Regis Jackson
  3. Daniel Gary Rosenthal
  4. C. Enrico Schaefer

Can I get in trouble for posting my ex's criminal activities on a web site? And telling everyone what a jerk he was (imo)

Asked by a user in Glendale, CA - about 1 year ago.

Internet defamation is very tricky business indeed. Even if you think something is a fact, he could take issue and sue you. Is it really worth it? What if he returns the favor in kind, but lies about you. It is easy to get revenge on the internet, but rarely is worth it. Defamation lawsuits are very expensive. Protect yourself and walk away. More info here ... http://tcattorney.typepad.com/digital_millennium_copyri/on-line-internet-defamation/

4

Attorney answers:

  1. Max Eldon Harger
  2. John E. Whitaker
  3. C. Enrico Schaefer
  4. Barbara I Berschler

How do I structure a new business under my already trademark business. A small retail internet business under my brand name?

Asked by a user in Houston, TX - about 1 year ago.

The thing you need to know is that any liability will be the liability of the first LLC if you put that new brand there. Having said that, there are many LLC's that run lots of different brands. You do not need to start a new LLC for each brand. You can associate your new brand under the old LLC and including it as a trademark for a separate line of goods and services. If you want to keep the liabilities separate, you can have two companies. You can have your second business be owned by...

3

Attorney answers:

  1. Pamela Koslyn
  2. Daniel Nathan Ballard
  3. C. Enrico Schaefer

Trademark Infringment

Asked by a user in Tonawanda, NY - over 2 years ago.

Unfortunately, there are rarely black and white answers to these questions. They are always fact specific. The above comments are right on. The practical issue you face is whether you can (a) afford to re-brand or (2) afford to fight them off with a response letter which put's your best foot forward. Often times, a well drafted response letter from a trademark attorney will stop further threats. While you have to pay an attorney fee to have such a response to their threat letter drafted, it...

4

Attorney answers:

  1. Daniel Nathan Ballard
  2. Pamela Koslyn
  3. Laura Mcfarland-Taylor
  4. C. Enrico Schaefer

Questions about copyright infringement statute of limitations. Three years from from the infringement occurred or discovered?

Asked by a user in Phoenix, AZ - over 2 years ago.

There is a split of authority as to whether the statue of limitations for copyright infringement is one that is always tricky. You may have some relief if the infringement is continuing (which you suggest may have ceased in Dec, 2006). Even so, you may have until December, 2009 to file, the date of the last infringing act. Courts are divided as to how this applies. Some courts hold that you can recover your damages for the entirety of the infringement so long as a lawsuit is filed within 3...