Ryan R Gile's Answers

Is this a trademark infrignment?

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. Under 15 USC §1125(d)(1)(A). a domain name registrant can be liable for cybersquatting if the registrant (i) registers, traffics in, or uses a domain name that a) is identical or confusingly similar to a distinctive mark which is distinctive at the time of...

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What is the standard cost to incorporate a 501 c3 in Pennsylvania.

501(c)(3) is a federal tax designation. You can incorporate a non-profit corporation in the State of Pennsylvania. Click http://www.dos.state.pa.us/corps/cwp/view.asp?a=1093&q=431294 for a link to non-profit corporation page of the Pennsylvania Department of State. However, if you want you non-profit to have a 501(c)(3) tax exemption, you have to file an application with the IRS. See Form 1023 -- http://www.irs.gov/pub/irs-pdf/f1023.pdf. For more details about obtianing a tax-exempt status,...

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Is it recommended to incorporate a commercial jump plane?

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. If the jump plane is part of a business, then it is probably better to do business as some form of juristic entity (corporation, LLC, etc.). As for Delaware, the primary advantages of being a Delaware corporation relate to Delaware's well established corporate...

What are the chances my trademark application will be accepted if there is another TM with a similar name in the Fed registry?

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. I was unable to find a federal registration for "THE PIG STY" in the PTO's database for anything involving pottery -- there were some pending applications for restaurant services, sauces, and clothing, but nothing involving pottery. If there was a federal...

Are non-compete contracts enforceable?

As a preliminary matter, these comments should not be construed as legal advice. You should consult an attorney in your local area (one familiar with Tennessee law) regarding the enforceablility of a non-compete clause based on your unique factual circumstances. Having said that, while most states will enforce non-compete agreements, the law will also define the parameters of an enforceable non-compete agreement. Because such agreements are deemed to be in effect a restraint of trade (and...