Marc John Randazza’s Answers

Marc John Randazza

Las Vegas Intellectual Property Law Attorney.

Contributor Level 13
  1. Can my I sue my mother-in-law and sister-in-law for defamation of character/libel/slander?

    Answered over 1 year ago.

    1. Marc John Randazza
    2. Michael Charles Doland
    3. Alan James Brinkmeier
    4. David J. McCormick
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    Thanksgiving must have been awkward at your house. If they are going to family members and asking if they think you are unfit parents, that is most likely not defamation. Defamation is a false statement of fact, about another person, which tends to harm that person's reputation. While you can have "Defamation by implication" (Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008), it is a rather difficult standard to meet. I would not imagine that an intra-family defamation suit...

    13 lawyers agreed with this answer

    2 people marked this answer as helpful

  2. Receive A strange email i don;t if it's real or not.

    Answered over 1 year ago.

    1. Marc John Randazza
    2. David J. McCormick
    3. Christian K. Lassen II
    4. Scott J. Corwin
    4 lawyer answers

    What you should do is ask questions on Avvo only when you have sobered up.

    12 lawyers agreed with this answer

  3. What do I do in a situation like This when a person slanders, defames & harasses our family because we are renters?

    Answered over 1 year ago.

    1. Marc John Randazza
    2. James Lawrence Magazine
    2 lawyer answers

    Before you say that this other neighbor "slanders" or "defames" you, you should understand what those words mean. To be defamatory, a statement has to be a FALSE statement of FACT, and not just a negative (or even cruel) opinion. So... are your children "loud?" That would be in the ear of the beholder, right? Is your yard messy? One person's mess is another person's "just fine." Do you throw parties? You got calls and notes telling you to shut your dogs up? Well, are they barking?...

    12 lawyers agreed with this answer

  4. I can win suits for several torts based on the same facts. Which actions will damages be based on? Should I allege all?

    Answered over 1 year ago.

    1. Marc John Randazza
    2. Michael T Millar
    3. Brian Curtis Pascale
    4. Christian K. Lassen II
    5. Christine C McCall
    5 lawyer answers

    Many states have a "single action rule" where you can only recover for one tort based on one set of facts. "The rule is designed to prevent plaintiffs from circumventing a valid defense to defamation by recasting essentially the same facts into several causes of action all meant to compensate for the same harm." Messenger v. Gruner + Jahr USA Publ'g, 994 F.Supp. 525, 531 (S.D.N.Y. 1998), vacated on other grounds by, 208 F.3d 122 (2d Cir. 2000). However, that case was a NY court interpreting...

    13 lawyers agreed with this answer

  5. Do I have a case?for the past 5 years i have been stalked robbed attacked and terrorized by a horrible sick man .

    Answered over 1 year ago.

    1. Marc John Randazza
    2. Robert Bruce Kopelson
    3. Scott J. Corwin
    4. Guy Irvin Wade III
    5. Michael Shemtoub
    5 lawyer answers

    It sounds like you need to get a restraining order. I would NOT "booby trap" your house or neighbors' property. Even if you harm someone who is trying to break in, you'll be liable for the harm.

    11 lawyers agreed with this answer

  6. Can I legally list characters from a movie/book on a t-shirt I will eventually sell?

    Answered over 2 years ago.

    1. Marc John Randazza
    2. J. Charles Coons
    3. Mario Sergio Golab
    4. Bruce E. Burdick
    4 lawyer answers

    This most likely will run afoul of the individuals' right of publicity. Commercial use of another's name or likeness in Nevada is governed by NRS 597.790. NRS 597.790 Existence and term of right; written consent required for commercial use; exceptions. 1. There is a right of publicity in the name, voice, signature, photograph or likeness of every person. The right endures for a term consisting of the life of the person and 50 years after his or her death, regardless of whether the...

    11 lawyers agreed with this answer

  7. Can I get in trouble for sending a non threating email to my uncle who he and his wife abused me phsyically and emotionally?

    Answered over 1 year ago.

    1. Marc John Randazza
    2. James Lawrence Magazine
    3. Christian K. Lassen II
    4. Alexander Jesus Limontes
    5. Michael Shemtoub
    5 lawyer answers

    This is not defamation. To have defamation, you need to have a false statement of fact, published to a third person, which tends to harm the reputation of the subject. It sounds like you A) made no false statements of fact (just some aggressive opinions) B) didn't publish it to a third party.

    12 lawyers agreed with this answer

  8. Can small a at home business use college or pro logos?

    Answered over 1 year ago.

    1. Marc John Randazza
    2. Gergana Hristova Miteva
    3. Alan James Brinkmeier
    4. Bruce E. Burdick
    4 lawyer answers

    If you use a college or pro logo, without permission, then you are most likely violating the college or pro team's copyright *and* trademark rights. There is a common myth that if you are using someone else's intellectual property on a small commercial scale, versus a large one, then you are on the right side of the law. It is, indeed, a myth. That doesn't mean that you can't make a wreath, at home, using a college logo. You can. However, turning it in to a "digital product" changes...

    12 lawyers agreed with this answer

  9. Defamation of character

    Answered over 1 year ago.

    1. Marc John Randazza
    2. Michael Lynn Walker
    3. Henry Lebensbaum
    4. Deborah Gwen Roher
    4 lawyer answers

    It isn't defamatory to call someone a "psycho." In Massachusetts, courts are pretty protective of free speech rights. See Fleming v. Benzaquin, 390 Mass. 175, 181-82 (Mass. 1983) (reversing order denying motion for summary judgment on the grounds that the words "arrogants," "little monkey," "tough guy", "nut," "servile," "unconscionable," "reprehensible," "merciless," and "absolute outrage" are no more than "harsh judgment" based upon disclosed facts or "mere vituperation and abuse,"...

    10 lawyers agreed with this answer

  10. If my LLC's name is trade marked for an entirely separate business field can I be sued?

    Answered over 1 year ago.

    1. Marc John Randazza
    2. Bruce E. Burdick
    3. Gergana Hristova Miteva
    3 lawyer answers

    Yes. If the names are confusingly similar. However, given that the services are different, this will lean in your favor, but with this limited amount of facts, it is really difficult to give a full answer.

    10 lawyers agreed with this answer

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