Roger M. Townsend's Answers

Is this Lawsuit Worthy?

Yes, you should contact a personal injury attorney in your area. If the injury was due to the fault of someone who owed you a duty (like a dr., or product manufacturer), then those damages could be recoverable. You need a local lawyer in Spokane to help you.

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I have a LLC in Washington and there is a trademark registered in the federal tess by another company by the same name. Problem?

If you "just set up" your LLC, then you are probably better off using a new trade name. As the other attorney noted, you may have a defense against the potential cease and desist with the existing trademark holder (because there is no likelihood of confusion). However, if you haven't invested in the name, then you should avoid the headache and start with a new name. The question is fact-intensive and we'd need to know more to be certain. For example, if the name is your name, then you...

If my spouse was involved in a lawsuit and he lost the case am I also financially liable if I was not named in the lawsuit?

Frequently, the "community property" of the defendant is named as a defendant, even if the defendant's spouse is not named. If not, the community property is still probably subject to any judgment. Since the community property is half yours (in the event of a dissolution you would be entitled to half), then you still have financial exposure. While the property remains the property of the community (i.e., without dissolution), then it is probably subject to the judgment. If you are wondering...

Civil action

The best resource for this is the Washington Practice Guides (specifically the article 9 series) -- they have several complaint forms and include the basic elements. Generally, a complaint needs to allege all the elements of each cause of action and jurisdictional facts to make clear that you are in the right court. You are best off having a complaint filed through counsel so that you ensure that the complaint is properly drafted.

Question on copyright for a photo.

In case it wasn't clear from the prior answers, you should go ahead and submit your photo with the Copyright Office. It's easy to do -- check out the Copyright Office's website here: http://www.copyright.gov/fls/fl107.html

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Is it legal to unlock my iPhone?

I don't see a problem with doing this. When you purchase a phone, it may come with a terms of use agreement which governs your use of the phone. However, you would not be a party to this agreement and, therefore, would not be bound to it. The only restriction I can see is pursuant to the computer fraud and abuse act -- which restricts use of computers beyond authorization. As the owner of a phone or other device, you can use it as you see fit provided that you don't violate a statute or...

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I received a letter stating that a lawsuit has been filed against me and they are offerning me an opportunity to discuss a prop

In order to initiate a lawsuit, you need to be formally served by a process server. A letter probably doesn't cut it. Your question cuts off -- however, you appear to be asking whether you should respond to a settlement request. The vast majority of cases settle before trial and it is often in both parties' best interest to reach a settlement. However, be aware that any response you make may be discoverable -- so be careful what you say in responding. Accordingly, it is best to respond...

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Can i sue

Yes, you likely have a claim for invasion of privacy and could seek an injunction and or civil damages. You will want a local civil attorney to assist you in this matter.

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Can I sue this establishment for deceptive business practice, false advertising, breech of contract or etc?

Unfortunately, courts are not receptive to claims of this size. You could seek to pursue a class action, but your damages are limited and it is not likely to be financially worthwhile. You are better off making a complaint to your state attorney general, the better business bureau, or -- better yet -- Yelp (or other online review sites). This is an instance where the market will be more effective in solving the problem -- consumers will stop going to a place that engages in false advertising....

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Can I sell a portrait of a celebrity that I did from a photograph that I received permission to use from the photographer?

I could not see the photograph from your post. However, the issue will be in the enforceability of your permissions. With a photograph of a person -- in this case a celebrity -- there are two sets of rights. The photographer has a copyright and the subject/model has a right to publicity. If you have enforceable and clear authorization to take those images and sell them, then you should be ok. However, I would be concerned about what those emails say, whether the emailer had authority to...

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