If your photos can be construed as being endorsed by or affiliated with the products, or your photo's subject matter causes an unflattering association with their brand, then you could expose yourself to a suit for trademark infringement, trademark disparagement, and trademark dilution.
You can understand why a well-known brand like Pepsi wouldn't want their product anywhere near anything sexually themed. They've spent a ton of money to establish their brand in the marketplace, and they...
Yes, tax exempt/non-profit corporations are allowed to own property --real, personal, and intellectual-- and make money, including money from trademarked goods. It's important not to lose the tax exempt status if and when you get it, so make sure you have good corporate counsel and you know the rules. Please see the "how to" guides linked below.
And see an IP lawyer to acquire the trademark rights when you're ready to create some merchandise.
Only your own lawyer who's reviewed the particular contract you signed can provide meaningful guidance about what it provides, and at the risk of sounding like a scold, you should have consulted a lawyer BEFORE you signed this contract.
Here are is some general information that applies to all or some management contracts:
Management contracts, like other kids of contracts, are usually not subject to "rescission" (cancellation) unless they say they are. But sometimes management contracts...
What a mess. Apparently you've got creditors suing you and executing on judgments, which must have happened before you filed or bankruptcy protection.
No one one on this forum is going to advise you how to avoid your creditors if it can't be done legally, and there are fraudulent transfer conveyance laws that prohibit transferring assets for this purpose. Moving assets lkike a trademark (which you refer as a trade name) from an indebited LLC to another new entity you own and control to avoid...
Yes, although this isn't the standard debt collection language that debt collectors use. It doesn't mean anything other than what it says - they haven't reviewed the underlying documents so they don't know if the creditor is also entitled to interest, legal fees, etc.
Review the contract and statements at issue, and get the debt validated.
Just because there are no hats or t-shirts on their website doesn't mean they're not using their TM for those goods, or [erhaps that TM is an intent-to-use TM and they haven't started using it yet. If you think you've got grounds to petition to cancel someone's trademark, it's theoretically possible to hire an IP litigator to pursue that goal.
But the cost of doing that is likely prohibitive, so that's something only the most well-financed parties do. For a brand new company like yours, it'...
Notarization is just a method to prevent claims of forged signatures. A notarization does absolutely nothing to make an other unenforceable contract enforceable, and I wish that myth would die a quick death, since so many Avvo askers seem to think notarization is important. Likewise, a witness is meaningless too, although if they know a party, they could testify about the contract including a genuine signature.
Oral contracts, and implied contracts, and contracts implied in fact byt he...
I see no reason to do this, and it raises questions about fraudulent transfers. It would create liability and insurance issues, so I don't see the old owner being willing to do this.
If you're buying a building, surely you can afford a real estate lawyer you can confide in to try to meet your needs.
I don't think the lack of a countersigned agreement from your employer or you not receiving the $1 consideration will give you much of an argument against these assignments.
It's not clear that you even had to receive the countersigned agreements (do the assignments say so?), since assignments are one-way transactions anyway.
As for the $1, I think a judge would consider that payment a nominal gesture, since the real consideration (and your assignments may say as much) is your...
As a partner, you have the right to inspect the partnership books and records, and your managing partner owes you "fiduciary" duties to allow such inspection, so it seems you'd be able to get the correct information without having to make something up.