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Shaun Michael Murphy

Shaun Murphy’s Answers

79 total


  • Do I need a collegiate license to buy and resell NCAA products from a licensed manufacturer? If so, can I modify them in anyway?

    Our promotional printing supplier holds a NCAA license with CLC to print NCAA logos onto different products, more importantly koozies in our business. Could we purchase these koozies with the NCAA logo, add velcro to back of the koozie, and resell...

    Shaun’s Answer

    You cannot sell a product bearing the registered trademark of another without a license or other authorization of the registered owner. It is unlikely that the manufacturer's license with the NCAA authorizes it to grant permission to resell the products with add-ons ("marrying"). In fact, it more than likely prohibits the vendor from conveying any rights in the NCAA mark(s). You should consult with experienced trademark counsel, but it appears as if you would be heading for trademark infringement.

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  • Is there a way to stop my daughters biological father from posting her pictures and name on social media websites?

    I have sole physical and sole legal custody of my 5 year old daughter. Her biological father has no rights to her and is not granted any kind of contact but is constantly posting her pictures and name on facebook and instagram. I am not comfortab...

    Shaun’s Answer

    Depending on the wording of your dissolution or support order, you may be able to return to family law court and ask the court to enjoin him from doing so given the age of your child.

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  • I'm trying to find out if its beneficial to me in any way to have my LLC named something other than my brand name.

    I'm thinking of the silly production companies often found in the opening credits of movies. Wondering if this may give me more privacy and if its even possible or if theres a requirement by the trademark office to 'use' my trademarked name to mak...

    Shaun’s Answer

    • Selected as best answer

    There is no requirement that the brand and company name should be the same and I agree with the prior comment that selection really has nothing to do with privacy. If your company intends to offer several types or brands of products, you may actually want the company name to be different from the brand name. For example, Band-Aid Brand Adhesive is not made by Band-Aid. It is a Johnson & Johnson Company that makes a whole host of products. There are probably more reasons to keep them separate than the same, but you should consult with a corporate lawyer if your primary concern is privacy.

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  • Can I write out a contract regarding a deposit so I am not responsible for previous damages?

    The contract will be with the primary lease holder. There was previous damages such as: stained carpet and walls, broken blinds, broken window, stained bathtub, and other small items. These occurred before my move in date and I do not want to be h...

    Shaun’s Answer

    You can include a limitation of liability or in this case an exclusion for prior damage and this is a good start. But you should be more specific in your identification, which window, which blinds, what rooms have carpet stains and where, etc. I would also take photographs and include the photographs as part of the agreement so there is no dispute as to which damages were excluded when the lease expires.

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  • Is it legal for my mom's apt manager to ask for my SSN# and lease agreement to MY place of residence?

    My mom lives in a senior apt complex, lesser rent based on senior status etc. Jan 2013 she suffered a heart attack & required constant care & assistance. During that time my wife & I, at times my sister would be w/her to care for her. Sometimes...

    Shaun’s Answer

    A complete answer to the question woudl require a review of your mother's lease. There are likely provisions in there prohibiting others from residing in the unit without the landlord's consent. However, in this case, you and your wife (and sister) are more like care givers. It is likely that the landlord is overstepping its bounds but one would have to review the lease.

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  • An attorney, in contingency agreement with client, is the moving party in a motion to withdraw. Who must pay for filing cost?

    Being negligent in responding to the Discovery Requests, the attorney refused to attend the FIRST CMC. The client used court call service to attend the CMC. His attorney filed a motion to withdraw or be relieved on that very same day, instead. ...

    Shaun’s Answer

    An attorney who withdraws is typically entitled to recover any costs incurred during the representation on behalf of the client. Filing fees for the motion to withdraw would not be included since those were for the benefit of the attorney and not the client. The attorney is also entitled to a lien on any potential recovery for the reasonable value of the services rendered if the fee agreement authorizes such a lien.

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  • Can a victim post about the defendent on social media during an on going trial?

    victim is posting information along with photos, trial is on going, threats are being made from third party instigators.

    Shaun’s Answer

    Generally speaking, all parties, jurors, and other persons involved in a trial are instructed by the judge to refrain from discussing the case outside of court, reading about it on the internet, doing research or commenting about it. If in this case the judge made such an admonition, then someone should bring the posts to the court's attention. If the court did not make such an admonition, someone should still bring it to the court's attention to instruct everyone to refain from such postings. The postings can influence the trial and provide grounds for reversal if it is determined the defendant was denied a fair trial.

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  • Im not getting my question answered my sister passed 2yrs ago ssi wants me as her representive to pay a overpayment of 6,000 she

    did not own anything and there was no probate social security wants to take my mo s/s to pay them back what can i do

    Shaun’s Answer

    You may not be getting your question answered because you are not providing enough information for anyone to formulate an intelligent response. It is like saying you want your landlord to repay you a $1,000 overpayment and he won't, what do you do?

    What is the bais for Social Security's contention that there was an overpayment? In what capacity are you her representative? An executor? A conservator? What was she receiving benefits for? Presumably SS sent you a letter asking for repayment, what did the letter say, did it cite to any statutes, etc.? The issue may be very complicated or it may be very simple, but without further information it is hard to provide an answer.

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  • In California, can a car dealer rescind a contract after 3 weeks have passed. They want me to pay a higher interest rate.

    My credit score is fair. I was assured there would be no problems with financing. 3 weeks after I got the car the dealer asked me to come down and sign a new contract with a higher interest rate. When I told them I could not afford the higher paym...

    Shaun’s Answer

    The answer will likely be determined by the language of the agreement. Oftentimes, particularly with used cars, the dealership allows you to drive the car off the lot subject to approval by financing. If this is the deal you have, then you will have to return the car or agree to the higher interest rate. However, if there is nothing conditional in the agreement, the dealer cannot unilaterally change the terms of the deal. You really need to have someone look at your agreement to be able to advise you properly.

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  • Would this be considered copyright infringement?

    There's a popular TV show called The Walking Dead. If I made a T-Shirt called "The Walking Bread" with a different font/styling, and an image completely unrelated to the TV show, would that be considered copyright infringement?

    Shaun’s Answer

    Review Copyright Circular 34. The Copyright Act does not protect names, titles, or catchphrases. To be protected by copyright, a work must contain a certain minimum amount of authorship in the form of original literary, musical, pictorial, or graphic expression. Names, titles, and other short phrases do not meet these requirements. To the extent a phrase or title could be protected, it would be as a trademark provided it meets the requirements for trademark protection. Generally speaking, phrases on tee shirts are difficult to protect unless the mark is used to market the products. For example, NOTW in a stylized logo or spelled out as Not Of This World is the type that could be protected. The Walking Bread may fit that category, but you would need to consult with a trademark attorney and provide additional information and do a more detailed search to see if it would qualify for trademark protection.

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