Skip to main content
Michael Charles Doland

Michael Doland’s Answers

14,634 total


  • If I receive a capital gain when I sell my home is that amount not taxable if I use it to buy another property?

    I wonder if a gain is taxable on the amount I would receive when I sell my home

    Michael’s Answer

    Here is the IRS page to begin your analysis: http://www.irs.gov/uac/Like-Kind-Exchanges-Under-IRC-Code-Section-1031

    See question 
  • Can my brother go to jail if he is being sued for a debt in China?

    My brother has a company in CA and he owes $600,000 to many vendors in China. He went to resolve the case but was held and they won't let him go until he pays. Now he got sued by two vendors and they restricted him from leaving the country by a co...

    Michael’s Answer

    Your question is really about Chinese law. Depending on how rural the location the resemblance to law as "we" know it diminishes.

    See question 
  • Can a DBA under a corporation have its own bank account and accounting?

    I'm trying to find a way to use a liquor license that is held by a corporation with a DBA that I will run and the President of the corporation will have no role in. I just want to be able have a separate bank account and accounting so as to not be...

    Michael’s Answer

    You need to check your intentions with the ABC board. Changes in ownership and/or management are very important in correctly maintaining any liquor license.

    See question 
  • If i trademark a business name, can someone else use that name as a name in a corp/llc/PC/ partnership... ect?

    trying to figure out if TM actually does anything useful... for my biz, like prevent someone else from using a name, biz service name...

    Michael’s Answer

    A trademark is registered in a class of goods or services. With that class you obtain substantial protection from trademarks, and to some more limited extent from tradenames.

    See question 
  • Is there a unitariness exception to being deceptively misdescriptive?

    If a mark is being cited by an examiner as being deceptively misdescriptive is proving the mark to be unitary a defense?

    Michael’s Answer

    One seems to have nothing to do with the other. A mark or portion of a mark is considered "unitary" when it creates a commercial impression separate and apart from any unregistrable component. That is, the elements are so merged together that they cannot be divided to be regarded as separable elements. The fact that it is deceptive is a different matter.

    See question 
  • After a settlement why is my attorney takin so long with the funds that I was granted? he do not answer my calls,faxes,emails?

    I am starting to get suspicious he told me the day of the settlement he will be dealing with some of my medical bills due to a criminal activity I was involved in, I wish he will reply to me,

    Michael’s Answer

    No one can speculate as to the reason. Make sure your communications are written and don't rely only on phone messages. A few weeks would not be unusual. Sometimes it also takes a while to get a "draft" from an insurance company, or for a draft (versus a check) to clear the client trust bank account.

    See question 
  • Does he need a trademark/business attorney?

    My father has started his own business and I want to make sure he is protected legally. He has a partner that I feel may be taking advantage of him since he has not shown him any type of business papers or contracts between them. My father was the...

    Michael’s Answer

    He needs to find a business transaction attorney. He should prepare a written narrative of the entire relationship and print any emails or other communications which confirm the so-far oral arrangement. It is totally unacceptable not to get copies of the corporate documents if you are a shareholder, director or officer.

    See question 
  • Can our company keep another company's materials if they haven't paid us?

    If we have a business where we take fabric from designers and turn it into finish products like shirts for the designers, can we hold on to a designer's fabric if they aren't paying us for shirts we've already made?

    Michael’s Answer

    This occurs all the time in the garment industry here in LA. Work it out as a win-win and try to avoid a lawsuit where both of you will lose. There is a non-binding procedure called mediation if the amounts in question warrant it where a professional helps you both find a win-win.

    As a pure legal matter my colleagues are mostly correct: check your contracts, written or oral confirmed by email and/or text. I think you can refuse to turn over the shirts you have fabricated until paid (if that's your agreement) but I don't think you can hold the unfabricated fabric "hostage" nor do I think you are authorized to sell the fabric to defray your unpaid bills, at least at this time.

    See question 
  • Common law trademark rights and websites?

    Suppose that I create a logo for a website and suppose I acquire common law trademark rights on it. Do I have common law trademark rights in every place on the globe because a website can be viewed internationally?

    Michael’s Answer

    No, different countries have different laws and are not bound by US common law trademarks.
    The IP in your creation of the logo may or may not belong to you depending if you are an employee or independent contractor.
    Relying on common law trademarks instead of registered trademarks under the Lanham Act with the USPTO is very short-sighted.

    See question