Jon Kenneth Perala's Answers

What can I do?

The US Court of Appeals, Seventh Circuit, ruled on this issue in January, holding that issuing traffic citations to the owners of vehicles without evidence of who was actually driving at the time of the violation is constitutional. You should cut your losses and pay the fine.

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Do I need to trademark my design?

You need to be aware that the cost of obtaining a US trademark registration can start at around seven or eight hundred dollars including USPTO filing fees, attorney's fees and the cost of conducting a trademark search. Being that trademark searches for a logo or design are more costly than for a word mark alone, the cost of registering your particular logo may be $1,000 or more. Another thing to consider is your intended market for the logo-bearing goods. Do you intend to sell these...

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Do I have to pay income taxes to 2 countries ?

You can exclude foreign earnings from your US tax return if you live abroad. For 2008, unless your foreign earnings are over $87,600, you do not have to pay US income taxes on this income. However, you must still FILE a US tax return, and you must REPORT all earnings including money you earn in Ecuador. Even if you will end up paying no US income taxes, you still must file a tax return with the IRS each year.

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Lawyer not doing anything

You can file a complaint with the Illinois Attorney Registration & Disciplinary Commission (www.iardc.org).

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There's no problem naming a company a similar name as one that already exists in the same industry...is there?

You might find it interesting to note that Superdawg Drive-in of Chicago recently filed a trademark infringement suit against a New York hot dog stand named SuperDog. http://207.41.16.133/rfcViewFile/09cv3758.pdf

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Can I register a trademark for my product line that was already trademarked but was abandoned and is now listed as dead?

Was the trademark in question previously registered by another company? If so, and it has since been abandoned, it is fair game. However, if the other company is still using the trademark in commerce, even though they no longer hold a valid registration they still may have rights in their mark and could challenge your attempt to register the mark. It depends on what type of product is sold by the other company and which geographical area they are sold in. For example, if both you and the...

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I took a picture of an athlete doing his routine pose before the game. I recreated the image artistically. can I print and sell?

If you took the photograph yourself, it is an original work and it doesn't matter how many other photographers took photographs of the same athlete doing the same pose. The same goes for any painting you derive from your original photo. Just make sure you hold on to the original photograph that you derived the image from so you can prove it is your original work of art. The point where you will run into problems is when you put that image onto items of merchandise for sale. First, the...

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Do I need the team or the individual that coined the phrase permission to use the phrase

The Illinois Right of Publicity Act (765 ILCS 1075) prohibits the use of an individual's identity (meanining the individual's name, likeness, signature or voice) for commercial purposes without the written consent of the individual. "Individual" includes both persons living and dead. In the case of Harry Caray and Jack Brickhouse, both deceased, the right passes to their spouses, children or grandchildren. So, yes, you would need Hawk's permission to use his recorded voice on a device to sell....

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Am I required to give a terminated employee another 30 days pay because the 30 days termination was not written?

It is impossible to give a definitive answer without having a chance to look at the employment contract. Generally, if you have included in the employment contract that the company is required to give the employee 30 days written notice of termination, then you must give the employee 30 days written notice. However, you should carefully check (or have an attorney carefully check) the contract for additional language which may be relevant to these circumstances. For example, if there is...

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Does my lawyer have to give me copies of all the information he has recieved on me?

If you have terminated your attorney, and he no longer represents you in the matter, he must return all papers and property received from you. This would include your medical records that he has obtained on your behalf. With regard to "anything he has done for my case", your attorney does not have to give you such things as his personal notes on your case. Please note that these are rules of the Illinois Rules of Professional Conduct and not statutory law. If your former attorney refuses to...

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