Pamela Koslyn’s Answers

Pamela Koslyn

Los Angeles Business Attorney.

Contributor Level 20
  1. Do i need to report income from a source that is not 1099?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Michael Raymond Daymude
    3. Eunjin Chang
    4. David Warren Klasing
    5. Robert Kenneth Morrow
    6. ···
    8 lawyer answers

    You're right, you're obligated to report all income.

    9 lawyers agreed with this answer

  2. What are the laws surrounding access to paid streaming content and web products? What actions can I take against this company?

    Answered over 2 years ago.

    1. Pamela Koslyn
    1 lawyer answer

    "Long story short" posts are ones that aren't really suited for the general Q&A site. You probably need to consult your own lawyer to discuss all these details. Generally your concerns about a refund for goods pr servoces not received, and the site's ability to suspend anyone's account are 2 different things. The 1st is basic contract law. If you paid for something, you should get a refund, because the party obligated to perform didn't, so they've breached the contract. Note I write...

    9 lawyers agreed with this answer

  3. If four people invest $5,000 each to initially start my L.L.C. (they're members), is this money taxed in any way?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Michael Charles Doland
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    No. Taxpayers (including the members of the LLC and the LLC itself) pay tax on income, not on investments. In fact, business expenses can be deducted from and can offset earned income, thus reducing the tax liability. Your LLC is its own legal entity, with its own legal existence, and it needs to file its own tax return. See a CPA for help with the taxes. As for the LLC operation, make sure your LLC has a written Operating Agreement complying with CA law and spelling out the LLC members'...

    9 lawyers agreed with this answer

  4. Are online companies granted a trademark monopoly on common suffix words? Can I register these common suffix marks successfully?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Gerry J. Elman
    3. Philip Leon Marcus
    4. Michael Alan Shimokaji
    5. Bruce E. Burdick
    6. ···
    6 lawyer answers

    No, no one is entitled to any monopolies on words, and understand that trademark rights are acquired by USE ASSOCIATED WITH GOODS OR SERVICES, not by registration, so someone can't just file applications for a bunch of words they hold to exclude others from using. while it's possible to file "intent to use" applications, there needs to be an actual and imminent intent to use the trademarks. The use and development of "secondary meaning" in consumers' minds so they think of that specific...

    9 lawyers agreed with this answer

  5. Bench trial motion in limine...

    Answered about 3 years ago.

    1. Pamela Koslyn
    2. Frank Wei-Hong Chen
    3. Jennifer Melissa Mendelsohn
    4. Otis Carl Landerholm
    4 lawyer answers

    I agree with Attorney Medelsohn, the judge will have to consider any evidence proferred in order to determine whether it's admissible or excludable anyway, and the purpose of a motion in limine is to prevent a jury from hearing mention of something because it could prejudice their views and you can't "unring a bell." In contrast, judges are considered capable of controlling their views. Arguments to exclude evidence in a bench trial are better expressed in an objection document addressed to...

    9 lawyers agreed with this answer

  6. Telescoped/compounded trademarks

    Answered over 3 years ago.

    1. Pamela Koslyn
    2. Michael Anthony DiNardo
    3. Nina Yablok
    4. Bruce E. Burdick
    4 lawyer answers

    http://www.avvo.com/legal-answers/trademark-571745.html?ref=result_6_title OMAHA NE http://www.avvo.com/legal-answers/trademark-question-571491.html?ref=result_9_title KANSAS CITY MO http://www.avvo.com/legal-answers/trademark-attorneys-572049.html?ref=result_5_title MN, MN http://www.avvo.com/legal-answers/trademarks-571373.html?ref=result_9_title SANTA MONICA, CA http://www.avvo.com/legal-answers/trademark-goodies-568978.html?ref=result_7_title SEATTLE WA http://www.avvo.com/legal-...

    9 lawyers agreed with this answer

  7. Tips on contract for Psychic consultations

    Answered over 3 years ago.

    1. Pamela Koslyn
    2. George Ellis Corson IV
    3. Michael Charles Doland
    3 lawyer answers

    If you're going to have full disclosure, you'd get all your "clients" to admit that there's no such thing as a "psychic," you have no ability to foresee the future, you cannot guarantee any predictions in whole or part, and your services are for entertainment value only. I realize you may not want to state all this, so you could hire a lawyer to draft a disclaimer that's long and legal enough for none of your customers, who desperately want to believe that there is such a thing as a...

    9 lawyers agreed with this answer

  8. Can I use the Olympic Athletes names on children's cards game for a non-profit organization?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Michael Charles Doland
    3. James Michael Slominski
    4. Maurice N Ross
    5. Bruce E. Burdick
    5 lawyer answers

    Absolutely not. The International Olympic Committee and other organizations own the very valuable Olympics trademarks, which is why you want to use them, and you're quite likely to be sued for trading on their property. The athletes own the "publicity rights" to their names, likenesses, etc., and anyone who violates those rights by exploiting the athletes' personas is likely to get sued, too. That includes your own illustrations of these athletes. As good as your organizations' goals may...

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  9. Can someone use the name of a TradeMark for a Business name but just adding a letter extra ?

    Answered almost 3 years ago.

    1. Pamela Koslyn
    2. L. Maxwell Taylor
    3. Curtis Lamar Harrington Jr
    4. Bruce E. Burdick
    5. Maurice N Ross
    5 lawyer answers

    To add to my colleagues' good advice, don't think that trademarks have to be exact to be in conflict. The test is whether or not the 2 names are confusingly similar, because consumers need to know the source of the goods or services they're thinking of buying. Adding an s to a word, especially to a famous name like "droid," won't make it clear to any consumers that the names are from different sources. In general, the 1st word of a multi-word trademark is more important than the 2nd word,...

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  10. Trademark name confusion

    Answered about 1 year ago.

    1. Pamela Koslyn
    2. Frank A. Natoli
    3. Daniel Nathan Ballard
    4. Bruce E. Burdick
    5. Mark Allen Land
    6. ···
    6 lawyer answers

    This sounds like 2 confusingly similar names and thus trademark infringement, and your registration affords you certain presumptions which will help your trademark litigator address this. But there is no "coupon industry" category, so I wonder exactly what you registered and where and for what -- do you mean a service mark classified under class 35, advertising? You need to see your own TM litigator ASAP.

    10 lawyers agreed with this answer

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