Kenneth Leo Kunkle's Answers

Kenneth Leo Kunkle
Saint Paul Licensing Attorney.
Contributor Level 7

4

Attorney answers:

  1. Jaren Lee Johnson
  2. David Allen Lutz
  3. Shaun George Jamison
  4. Kenneth Leo Kunkle

I am starting up a web design business and need to know what legally needs to get done before I can start charging customers?

Asked by a user in New Ulm, MN - about 1 year ago.

In addition to the business formation advice already given, I recommend that you put together a client agreement covering what and how you are paid (schedule for delivery etc), limitation of liability for any downtime on the website, and clarification of any copyright ownership and attribution. RE tax id, while not always required, I recommend you get one, because it will help in establishing a separate line of credit for the business.

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Attorney answers:

  1. Kenneth Leo Kunkle

What kind of attorney do i need to hire?

Asked by a user in Hastings, MN - over 2 years ago.

You may want to consult with an attorney who practices malpractice litigation.

1

Attorney answers:

  1. Kenneth Leo Kunkle

Unsecured debt

Asked by a user in Taconite, MN - over 3 years ago.

Generally speaking if the debt was incurred during the marriage, it is owed by both of you and survives his death. In the event that the debt has gone to a collection agency you have some good options to get the calls to stop. The first is to simply send them a note demanding they stop. Federal law requires debt collectors to stop contacting you directly if requested. Additionally, debt collectors are required to provide verification of the debt if asked. If you do request they stop...

2

Attorney answers:

  1. Kenneth Leo Kunkle
  2. Ronald David Coleman

Transfer of copyright from criminal who holds copyright as payment for restitution judgment

Asked by a user in Chicago, IL - over 2 years ago.

Most states bar convicted persons from making any profits from their crimes and mandate that if restitution is due. These "Son of Sam" laws typically require the proceeds to be paid to the victim (some require separate civil lawsuits). I've also added a relevent link from the National Center for Victims Rights.

1 person marked this answer as helpful

4

Attorney answers:

  1. Oscar Michelen
  2. Jefferson Hampton Coulter II
  3. Kenneth Leo Kunkle
  4. Daniel Nathan Ballard

Copyright law specifics

Asked by a user in Baltimore, MD - over 3 years ago.

I'm going to take a slightly different view point here. While I agree that dress designs are not protectable and therefore knockoffs do not infringe, the question here is whether a dress design can infringe a copyright in a film. The reasoning behind not protecting dresses is that they are utilitarian in nature and therefore are not protected. The Disney films, on the other hand, are protected and the dresses in them are expressive components of the characters and in some cases part of the...

1 person marked this answer as helpful

4

Attorney answers:

  1. Ivan Jose Parron
  2. David Martin Beliveau
  3. Daniel Nathan Ballard
  4. Kenneth Leo Kunkle

Can i form a record label and music publishing together as a llc?

Asked by a user in Miami, FL - 6 months ago.

Can you -- yes; should you maybe not. If you do not intend to sign other acts or publish others music, you might hold off on setting up multiple entities to avoid to much paper work. Similarly, if you intend to grow slowly, you can get by with just one. However, if you will be signing multiples and anticipate growth in both areas you will want to consider a separate LLC for each. Why? You are talking about two distinct business models that have different types of revenue streams - as...

4

Attorney answers:

  1. Pamela Koslyn
  2. Bernard Samuel Klosowski Jr.
  3. Kaiser Wahab
  4. Kenneth Leo Kunkle

I recently got a trademark, is it legal to put my trademark/ logo on already existing clothes? to start off and get my name out

Asked by a user in Los Angeles, CA - over 2 years ago.

No need to add to the other answers, except to also point out that if you buy other shirt (generic or otherwise) be cautious about removing identifying information on the shirts and replacing them with your own. there are federal laws and regulations that may be impacted. Per the AVVO terms of use, this does not constitute legal advice, nor establish an attorney-client relationship. Consult an attorney for legal advice.

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Attorney answers:

  1. Pamela Koslyn
  2. Kenneth Leo Kunkle

If I use copyrighted pictures of celebrities on my non-profit website, would it be considered "fair use"?

Asked by a user in Saline, MI - over 2 years ago.

The fact that you are considering a non-profit (BTW: questionable whether this is really what you want) is not really relevant here. While the celebrities may not be a problem (assuming they are taken in public places and they are not used to imply an endorsement by/of your company), unless you are shooting the photos yourself or properly licensing them from someone else you will have a problem. Fair use generally requires the person making the use to cause a "transformation" of the...

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Attorney answers:

  1. Kenneth Leo Kunkle

Any idea how to reach the legal team responsible for publicity rights to Groucho Marx estate?

Asked by a user in Denver, CO - over 2 years ago.

Two possibilities: Groucho Marx Productions, Inc. (presumably a CA Corp) or CMG Worldwide (Indiana company that manages many celebrities estates)

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Attorney answers:

  1. Kenneth Leo Kunkle

I had a voice mail on my answering machine from a well known car dealership stating that I had won a prize for inquiring on the

Asked by a user in Lees Summit, MO - over 2 years ago.

Depending on your location this may be considered an unfair trade practice by the states Attorney General. If you are concerned that their activities were deceptive you might consider filing a complaint with the state AG and the local Better Business Bureau.