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Michael Charles Doland

Michael Doland’s Answers

14,153 total


  • Does this count as a Trademark infringement? or is the complainant wrong?

    I received a letter from Apple saying Suntex International, Inc has filed a complaint against one of my applications. They list several trademarks (U.S Reg. No. 2448022, 1718364, 3223059, 2469915, 3033720, 1718954, 3479453), but none of them seem ...

    Michael’s Answer

    • Selected as best answer

    Having dealt with Apple, it's no pleasure. Lovely products, no comments regarding the one NY law firm I dealt with .

    No one can give you a "blessing" in the abstract, or take the risk of legal malpractice by commenting without studying the letter and the various registrations. If you respond without a lawyer, I suspect they will see you as easy prey for litigation. In Mountain View you are surrounded by IP lawyers who will be happy to assist you after they are retained.

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  • I need a California ANti-SLAPP attorney pro bono asap please.

    There is a well-known con artist that is trying to get my details via an online fundraising site that I helped to get shut down. He isn't going to win. He will have to pay costs according to AntiSLAPP sites. If you know anything about Sandy Hook ...

    Michael’s Answer

    You make a very common mistake: the assumption that because a statute or contract provides for attorney fees that lawyers will work for "free" until they collect it. They may never track down the judgment debtor's bank account or there may be nothing in it.

    Pro bono (publico) means "for the good (of the public)." You, instead are seeking a private benefit.

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  • WHAT DOES A RETAINER AMOUNT MEAN TO PAY THE ATTORNEY.... DO I PAY IT UP FRONT

    IS THIS THE DOWN PAYMENT TO GET STARTED

    Michael’s Answer

    Normally, retainers are an advanced deposit against the hourly attorney fees that will be billed.
    (A "pure retainer" only provides for the availability of the attorney in the event of litigation, etc. and prevents the opposing party from hiring that attorney. It is quite rare.)

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  • How do I withdraw my trademark application once opposed.

    Trademark application was opposed. Would like to simply withdraw my application. Do I need to contact the opposer to get their consent?

    Michael’s Answer

    No, the consent is not needed. You may wish to call to advise opposing counsel and obtain something in writing that they won't be seeking any fees from you regarding both/either the opposition or your alleged use in commerce.

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  • How can i know if i have a lawsuit against me from a retailer?

    There is people looking for me in my previous address stating they are from FBF and that i have a file # they left there number. So i called them they told me i still had a chance to settle out of court since i hadnt been summoned my option was I...

    Michael’s Answer

    Please see the 3 answers to your second posting.

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  • How can i know if i have a lawsuit against me from a retailer?

    There is people looking for me in my previous address stating they are from FBF and that i have a file # they left there number. So i called them they told me i still had a chance to settle out of court since i hadnt been summoned my option was If...

    Michael’s Answer

    This all sounds like a scam to me. PS - who is FBF? If they are a debt collector, who is the creditor?
    Tell them to put their demand in writing. Tell them if they phone once more you will get a lawyer specializing in the fair debt collections practice act.

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  • When filing a motion for protective order does the discovery objected to have to be specified?

    I served the other side with discovery and they objected to it and then filed a motion for protective order. In the protective order however, they don't specify which discovery they want to be protected from. In other words, I thought that when ...

    Michael’s Answer

    The following link gives you a very good summary of what is required for a protective order:
    http://www.resolvingdiscoverydisputes.com/abuse/you-need-to-file-a-motion-for-a-protective-order/

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  • Why would a mortgage company .Do a title search .

    My mortgage company, charged me for the title search .That i did not request

    Michael’s Answer

    Simple: if you're not the owner, you don't get a loan.

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  • What does it mean to say a case is at issue? Discovery still is pending but the Plaintiffs attorney is saying its at issue.

    California superior court

    Michael’s Answer

    At issue means all defendants have been served and answered. It has nothing to do with discovery.

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  • Real estate transfer

    My husband and I own a corporation and purchased a piece of property in the business name. Now we are looking to sell the property and need to have it transferred to our personal name so that the money comes to us and not the corporation. We are...

    Michael’s Answer

    You don't indicate whether you have a subchapter S corporation. You may have some real problems, if not, since distribution of the asset may be a dividend. There are numerous tax strategies to convert gain on the property since it was purchased into capital gain and not ordinary income. Your first step should be to work with a good CPA, since at least in Los Angeles tax attorneys are much more expensive than CPAs.

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