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Gary Philip DuFour

Gary DuFour’s Answers

82 total


  • Domain name expired Dec.31, 2012 another company in the same line of business then purchased the name(my personal legal name )

    purchased 1-09-13, all my business from that name now goes to them. what are my rights.

    Gary’s Answer

    You have a legitmate UDRP complaint, however before embarking on that course I would contact a lawyer who is familiar with Domain name law, and have him/her contact the offender in writing demanding the transfer of the name or a UDRP complaint will be made. Sometimes pointing out the offender's "Bad Faith" in the name's registration is enough to get them to do the right thing or suffer the legal consequences.

    A complainant in a UDRP proceeding must establish three elements to succeed:
    The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
    The registrant does not have any rights or legitimate interests in the domain name; and
    The registrant registered the domain name and is using it in "bad faith".

    In a UDRP proceeding, a panel will consider several non-exclusive factors to assess bad faith, such as:
    Whether the registrant registered the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark;
    Whether the registrant registered the domain name to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, if the domain name owner has engaged in a pattern of such conduct; and
    Whether the registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
    Whether by using the domain name, the registrant has intentionally attempted to attract, for commercial gain, internet users to the registrant's website, by creating a likelihood of confusion with the complainant's mark.

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  • After car accident

    I was involved in a car accident 2 weeks ago and now the other driver's insurance company send me a letter saying that they won't make any payment cause their insured driver was not at fault. Since I didn't have any insurance during the accident, ...

    Gary’s Answer

    You have a few issues.

    The first one is If you are at fault, will the other party's insurance carrier seek payment from you? the answer is maybe, maybe not. If you have a good paying job, or assets they might, if you have very little for them to recover from then they may just write it off especially since there is property damage only. I would wait and see, if the damage is less than $7500 for their insured it will be a small claims action and attorneys cannot appear for you. Save your money right now, you don't need a lawyer yet. They can't make you pay anything unless they sue you and win.

    The second issue is you were not insured: If the accident was not your fault, you would be limited to recover only your special damages. That means not pain and suffering. Read my legal guide on that issue CA Prop 213. http://www.avvo.com/legal-guides/ugc/not-carrying-the-required-auto-insurance-you-risk-more-than-you-may-know

    Lastly, from your facts, you should accept that you were at fault. CA drivers making left turns must yield the right of way to approaching traffic. You say the other driver "kind of" ran a red light by entering the intersection on a yellow light and not making across before the red. To run a red light, the other driver must cross the limit line when the light is already red. Yellow is not "kind of" running a red light.

    So wait and see what they do.

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  • Is there a way I can sue the driver who hit me if we both are uninsured?

    My car was totaled in an accident two weeks ago we both didnt have ensurance. According to the police report she was at fault. At the scene of the accident she told me she would pay for my car but now she claims it was not her fault and and is not...

    Gary’s Answer

    Just like the other attorney's have suggested, you can sue for up to $7500 in California small claims court. BUT since you didn't have insurance at the time of the accident, your recovery is limited to your actual damages. You cannot recover for pain and suffering. Please refer to my legal guide on the topic:

    http://www.avvo.com/legal-guides/ugc/not-carrying-the-required-auto-insurance-you-risk-more-than-you-may-know

    Disclaimer: The foregoing is not intended as legal advice and does not create an attorney-client relationship.

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  • Slapped the cell phone out of a guys hand when he was snapping pictures of us and our cars. I was then charged with 212.5(C):PC

    The cops could not find the phone until about an hour after i was arrested. A person that was with me found it in the nearby bush. It was later turned into the police station and a receipt was given.

    Gary’s Answer

    You were arrested for 2nd degree robbery. A robbery is the taking of a thing of value from the person of another by force, fear, or threat of bodily injury. According to the limited facts that you describe, there was no taking and no intent to "take" anything from the alleged victim. You merely slapped the object from his hand. The fact that it was found in a bush supports your story to the extent that you did not take it from his hand then throw it in the bushes.

    The slapping of the hand should be at best a misdemeanor battery, and any damage resulting to the phone a misd. vandalism.

    Your facts don't relieve you of any wrong doing. Just because someone is taking your picture and you don't like it doesn't mean you can slap the camera away like we see celebrities do and often get into legal trouble for.

    You need to seek the advice of a Criminal Attorney in your area. If the facts support your story I am curious to see if the D.A. actually files the same charges as you were booked for.

    Disclaimer: This is not intended to be legal advice and does not create an attorney client relationship.

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  • If i got rearend and hit someone in front of me who is at fault

    rearend

    Gary’s Answer

    I agree with the previous answer. Generally the person causing the rear end collision is the party found to be most as fault. Only if you were doing something considered to be an associated factor would you be found partially at fault.

    The preceding is not intended to be legal advice and does not create an attorney client relationship.

    www.dufourlawoffice.com

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  • Car accident

    I was in a car accident ,the other driver was at fault ,he totaled my car His insurance company paid out for the car, but at the time of the accident i was in the middle of changing to another insurance company and was not covered at the time , wh...

    Gary’s Answer

    Because you were no insured at the time of the accident. California Proposition 213 now embodied in CA Civil Code 3333.4, prevents you from any recovery for pain and suffering. You are limited to pure economic damages. Medical bills, repairs, lost wages etc.

    Please read my legal guide in the topic: http://www.avvo.com/legal-guides/ugc/not-carrying-the-required-auto-insurance-you-risk-more-than-you-may-know

    www.dufourlawoffice.com

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  • Car Accident Caused by flying debris - who's fault

    I had a kid's playhouse strapped down inside my truck bed. The strap came loose and a gust of wind hit while I was going about 20 MPH on a major street and lifted the house out and onto the street. I immediately turned around - the turnabout was a...

    Gary’s Answer

    Yes it is your fault. It is considered an unsafe load. Anything spilled from your load is your reponsibilty.

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  • How do I file a complaint regarding incorrect prescription and instructions?

    Today I took my 8 year old to Kaiser for a bad cough, he was diagnosed with walking pneumonia. We went directly to the pharmacy for his prescription, when it was ready I requested a consultation to ask if there would be an interaction with the Cla...

    Gary’s Answer

    Make your complaint directly to Kaiser. Since your son was fortunately not damaged in any way there is no cause of action for medical malpractice.

    Disclaimer: The preceding is not intended to be legal adivice and does not create an attorney client relationship.

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  • I was in a wreck with someone else and my health insurance paid my bills. where do i find if they will be paid back or not?

    i broke my spine in a car wreck with someone else and it was his fault. my health insurance covered my bills and i am about to settle, i was wondering where i could find if i have to reimburse them. i looked all through my paper work and they ar...

    Gary’s Answer

    I am not licensed in your state, but generally insurance policies have a subrigation clause. Subrogation give the insurance comany the right to recover costs paid on your behalf. If you don't have a lawyer handing your case be careful. Attorneys are usually very successful in negotiating these leins for a much lower amount. I assume your medical bills are substantial and might very well eat up a very big portion of your settlement. Consult with a personal injury attorney if you haven't already.

    Disclaimer: The preceding is not intended to be legal advice and does not create an attorney client relationship.

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  • I am being sued from a guy i was i a car accident with a year ago he is suing me for his medical bills i need help !!!!

    last year i got i a car accident i his another car in the freeway... less than a month after the accident the guy called me and asked me for money to pay his hospital bills i told him to contact his insurans and they will contact mine. on 6/7/10 i...

    Gary’s Answer

    Contact the insurance company again. If you were not an EXCLUDED driver on the policy the insurance company is required to handle the claim and should provide a defense to the lawsuit. Do not pay or offer to pay anything out of pocket.

    Disclaimer: The preceding is not intended to be legal advice and does not create an attorney cleint relationship.

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