Arieh Mordechai Flemenbaum’s Answers

Arieh Mordechai Flemenbaum

Chicago Business Attorney.

Contributor Level 12
  1. I would like to print tshirts with quotations from famous artist and include their names to sell. Is that copyright infringement

    Answered about 4 years ago.

    1. Arieh Mordechai Flemenbaum
    2. Pamela Koslyn
    3. Emily Bass
    3 lawyer answers

    While I am licensed in Florida, your issue is one that not only deals with federal (and Florida) copyright principles, but other legal principles as well. While I agree with my colleague that the use of a famous quote may not violate federal (or Florida) copyrights, you must be careful not to infringe anyone's rights in publicity - the right to control and profit from the commercial use of one's name, likeness and persona. Your proposed commercial use (selling t-shirts that contain a famous...

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  2. What are my rights

    Answered about 4 years ago.

    1. Arieh Mordechai Flemenbaum
    2. Alan James Brinkmeier
    2 lawyer answers

    Lien rights are generally governed by the Illinois Mechanics Lien Act - which provides certain protections to you as the owner. This is particularly true when you have paid the contractor for the work, but the contractor has neglected to pay his sub-contractors. So you may have a defense against the lien claim. Lien claims are often improperly filed by sub-contractors. So, I suggest that you consult with a real estate/construction attorney ASAP (as well as consulting a bankruptcy attorney...

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  3. Intellectual Property, Internet Domain names, Arbitration, Reverse-Domain-Name-Hijacking. Legal fees and damages.

    Answered about 5 years ago.

    1. Arieh Mordechai Flemenbaum
    2. Pamela Koslyn
    3. Daniel Nathan Ballard
    3 lawyer answers

    I agree with my colleagues. You seem to assume that the complainant will be found guilty. You should be aware that it can be a struggle to get a panel of UDRP arbitrators to find a complainant guilty of Reverse Domain Name Hijacking - even when the complainant's behavior has been egregious. So, you may be better off pursuing a civil action in federal or state court pursuing other business claims. Our offices are in Chicago, but please feel free to contact me to discuss this matter further....

    1 lawyer agreed with this answer

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  4. Is it trademark infringement if I write "STATE" on a product?

    Answered almost 4 years ago.

    1. Arieh Mordechai Flemenbaum
    2. Maurice N Ross
    3. Pamela Koslyn
    3 lawyer answers

    While I am not licensed in Wisconsin, your issue is one that deals with general legal principles that are similar to my state (and mainly deals with federal trademark laws). With regards to a college's trademark, the trademark issue is not related to "state" - since this is a descriptive term referring to the geographical location. In this respect there are over 50 "State" colleges - most of the 50 states have a state college and there are others - such as Chicago State and South Florida...

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  5. Pictures of my wife on a website advertising her as an escort

    Answered almost 4 years ago.

    1. Arieh Mordechai Flemenbaum
    2. Eric Nissim Assouline
    3. Gordon Philip Firemark
    4. Pamela Koslyn
    4 lawyer answers

    You need to contact a business/internet lawyer (or litigator) ASAP. I assume the pictures of your wife were taken without her consent. Even if they were taken with her consent, the photographer may have some rights to the photos, but I assume the pictures have been misappropriated - i.e., used in a manner for which she did not consent. Also, a person's likeness cannot be used for commercial purposes without their consent and/or compensation. Finally, you may have a claim for defamation - in...

    1 lawyer agreed with this answer

  6. How do you dissolve a limited liability company business due unethical practices from a partner in a LLC business?

    Answered about 5 years ago.

    1. Arieh Mordechai Flemenbaum
    2. Joseph Michelotti
    2 lawyer answers

    I agree with my colleague that you probably have to get an injunction - an action to stop the other member from taking any additional acts on behalf of the LLC while you sort things out. You are also likely to need to take legal action to resolve your dispute over your ownership and interest in the LLC. As 50/50 members of an LLC, unless the operating agreement provides otherwise, both you and the other member have the right to enter into contracts on behalf of the LLC and use the LLC bank...

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  7. I entered into a non-disclosue confidentiality agreement to purchse a exsisting franchise.

    Answered about 5 years ago.

    1. Mazyar Malek Hedayat
    2. Arieh Mordechai Flemenbaum
    3. Jigar K. Patel
    4. Kevin Brendan Murphy
    4 lawyer answers

    I agree with my colleagues, you should review the terms of the agreement with a business lawyer to determine your rights and how to better insulate yourself from a claim. However, you should be aware there is a difference between a non-disclosure/confidentiality agreement and an agreement not-to-compete. The typical non-disclosure agreement restricts a party from disclosing the "confidential information" to other parties, and it may also contain a clause that prohibits the use of the...

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  8. I bought out a parnter of an S Corp getting 50% of the 1000 shares. The partner staying on put NO capital into the business but

    Answered almost 4 years ago.

    1. Arieh Mordechai Flemenbaum
    2. Steven J. Fromm
    2 lawyer answers

    You do not indicate whether you wish to buy out the other partner, continue with the business or simply liquidate and dissolve your business. Nonetheless, assuming you do not have a shareholder's agreement (or buy-sell or other form of agreement between you and the other shareholder), ultimately, your exit strategy comes down to negotiations between you and the remaining shareholder. However, there are some constraints (or obstacles) you will have to deal with. For instance, your company is an...

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  9. Do I require a sales/business license to sell online?

    Answered almost 4 years ago.

    1. Arieh Mordechai Flemenbaum
    2. Stephen Samuel Messutta
    3. Alan James Brinkmeier
    3 lawyer answers

    The short answer is if you are located within Illinois, you will need to register with the Illinois Department of Revenue (Form Reg-1) and you should be collecting sales taxes (at least on sales and deliveries made within Illinois) and filing sales tax returns (Form ST-1). You are required to register your business with the Illinois Department of Revenue (and get an Illinois Business Tax identification number) if you "do business" in Illinois and sell products. "Doing business" means that...

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  10. Can minors void an NDA that they sign? What if parents co-sign?

    Answered about 4 years ago.

    1. Alan James Brinkmeier
    2. Arieh Mordechai Flemenbaum
    2 lawyer answers

    I agree with my colleague, a contract signed by a minor can be voided, and having the parent "co-sign" is unlikely to achieve your goal - since your primary concern is protecting the confidentiality and/or proprietary nature of the intellectual property. However, there are different standards relating to "publicly disclosed" depending on the type of intellectual property and what type of confidentiality you seek. So, it may be possible to construct an agreement that may work for your...

    1 person marked this answer as helpful