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Pamela Koslyn

Pamela Koslyn’s Answers

26,601 total


  • What can I do about this?

    I was recently, for lack of better words, "suckered" into buying a product from a mall kiosk. I feel as though I was overcharged--but that's not the issue. The salesperson did not represent the product correctly. He blatantly lied to me about the ...

    Pamela’s Answer

    Please see the link below. Not posting their return policy should give you the right to return this item.

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  • What should my plan of action be? Do you have any idea why they are targeting me?

    IRS agent started calling and leaving messages Mid Dec. 2015 I left message on his phone. We never had phone conversation. He called 3 or 4 times. I figured it was a scam. Jan. 6 I come home to find his card in front door with note to call. M...

    Pamela’s Answer

    Your best plan of action is to hire a tax lawyer or CPA experienced in audits to represent you and not talk to any IRS agents yourself. If you do intend to keep trying to contact them, listen to what they want, but don't volunteer any information. Then get professional help.

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  • Can I legally sell the car without him wanting me to ?

    My 15 year old son has bought a car and signed the title but can't get it registered because he don't have his permit. I am not his legal guardian he just lives with me and he bought it without me knowing .

    Pamela’s Answer

    As his parent and since he's a minor, the answer would be yes, but you've added some confusing facts about not being your son's legal guardian although he's living with you, so I think you're omitting some facts in this situation.

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  • My question is, can this be done legally if all the documents are in my name?? Thanks.

    I have an abusive boyfriend, he had paid for my vehicle through the car dealership he is employed by. The title, registration, and insurance are all in my name in NYS. He is threatening to have the dealership come and take my vehicle when i am at ...

    Pamela’s Answer

    A lender can't repossess a car if the payments are current. If there are no payments and your abusive BF bought it outright and put it in your name, that's a gift, and he car's yours.

    But abusers aren't known for following the law.

    If you live with him, you're best off leaving him, with the car. if he steals the car, call the police.

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  • Can I retain the services of an attorney or a law firm to give me advice and prosecute a Class Action myself as a Pro-Se?

    I have tried to get a lawyer or a law firm interested to prosecute the issues that I have as a class action but so far I was advised that the size of the case does not seem to be substantial enough for anyone to get involved. So could I pay a lawy...

    Pamela’s Answer

    As my colleagues correctly noted, you can't represent any one else if you're not a lawyer, including a class of plaintiffs. Also, class action work is difficult. Getting a class certified is a major hurdle that a defendant fights aggressively against, and your odds of accomplishing this pro se aren't great.

    You can certainly hire a lawyer to pursue your own case, but if your damages aren't substantial and/or you're looking for injunctive relief, as most class actions are, this may not be a wise move. It's possible for a lawyer to represent several plaintiffs, so you might try pitching this case that way, especially if you know others who are interested in pursuing this.

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  • Can an in-house counsel admitted in California employed by a company represent the company in a litigation in California?

    Is there a reason why the corporations retain outside counsel to defend themselves in the litigation? Can their corporate counsel act as the full fledged defense counsel and not pay expensive legal fees?

    Pamela’s Answer

    In house could represent the company or be co-counsel, but in house counsel generally don't litigate, so outside litigators are hired, and the in house lawyer will supervise and aid the outside litigators.

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  • Can I use photo without gaining copyright?

    I want to use a photo for a book cover and I found the perfect one. It took me a while to find the copyright owner (or at least who I believe the is the copyright owner) by means of reverse photo search, however, he has not been on the page since ...

    Pamela’s Answer

    Of course you an use the photo, but not without risk. using the photo as your book's cover photo is particularly problem, because if you're planning on success for your book, as you should always do, the chances of this photo being seen by the owner is that much greater.

    Sometimes identified copyright owners don't respond to requests for licenses, and they're not required to, any more than they're required to warn someone by sending them a cease and desist letter before suing them. Before you decide whether this risk is a reasonable one, consult your own IP lawyer to do more thorough outreach to the author. As my colleague notes, writing a book takes a lot of work, and you wouldn't want to waste that effort by including infringement-bait material in it.

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  • Am I entitled to compensation?

    I created a meme and posted it to a page on Facebook. After the picture received over a thousand likes, the people running the page decided to turn the meme into a shirt. They are now selling it. They did this without my knowledge or consent.

    Pamela’s Answer

    As my colleague notes, your consent for use by others may have been given through your use of Facebook, because you've consented to Facebook's terms by using it.

    Your consent would also be implied to "the people running the page," since you chose to post this meme on someone else's page, and not your own page. That makes any claim of yours to compensation from them very weak, if there's one at all.

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  • Can I sell handmade items with misspelled football team names oowboys .steelars etc

    I make handmade art pieces from copper wire and such trying to stay legal and make money

    Pamela’s Answer

    No. You don't need to copy a trademark exactly to infringe it, you only need to create consumer confusion, and that's what you seem to be trying to do.

    Look up "trade dress," which means if you use the team's colors, logo design, identical or confusingly similar name to mislead consumers, that's still trademark/trade dress infringement, and it's still unfair competition.

    And as a practical matter, who would buy these items, fans who can't spell?

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  • First, can modern rugs be copy righted? And let's say its copy righted in UK. Does it apply to US? What is your advise?

    I saw an modern area rug being sold in UK now. I would like to produce same design and start selling it on my US based website and to my US buyers. Its really hard to even find out if that certain "modern design" is copy righted.

    Pamela’s Answer

    Fabric designs are indeed eligible for U.S. copyright. And true, it's not easy to find out if a design has been registered for copyright. That's one of the reasons there's a proliferation of fabric design copyright infringement lawsuits in this country, and perhaps elsewhere too.

    One easy thing to look for is a copyright notice, meant to advise of exactly that. But the lack of a notice doesn't means that something's not owned and protected by someone. Knowing that this design exists and copying seems like you're asking for trouble, since you have both acess and apparently intend to copy the design exactly.

    See your own IP/business lawyer to discuss the specific facts of your situation.

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