Third party registration of an unregistered Trademark: My previous business partner and I established a brand name a few years back. I invested $1000 to help create the logo and establish a website. We parted ways last year and he continues to use the brand but has never registered a trademark for this brand. I would like to know if it's possible for me to register the trademark for this brand name for myself and require that he cease and desist using the name? Thank you.
Michael’s answer:
Did you have a business entity you used the mark with? Were there any agreements about the business of mark between you and the partner? Was there any agreements about your parting ways with each other?
If there is an existing mark owned by another entity and still in use, and you want to use it for yourself, it could be an infringement issue on your part. Registration just adds protection, it does not necessarily grant rights in the first place if the mark was already in use.
You sound like you have a pretty complicated fact pattern. If you want to do this right you have to consult with an attorney with your specific facts to get advice you can rely upon.
How do I sever a membership in an LLC? The other member will not help pay lease. Also, how to get out of lease?: The other member of the company we started together is acting like a jerk and will not pay his part of a $1700/mth lease. We agreed to pay half at signing of lease. I would, also, like for you to look over lease to see if I can get out of lease since said member has filed for bankruptcy.
Michael’s answer:
Depending on the terms of the operating agreement, one may have to either buy out the partner's interest, sell one's interest, or simply dissolve the entity. It would be determined entirely by the operating agreement.
The automatic stay might preclude collecting on anything a partner may owe, but an exchange of fair value for an asset such as a partner's interest would likely not be an issue. The money would simply become property of the bankruptcy estate. Valuating businesses is notoriously difficult and expensive, though, and it might be best to wait until after the bankruptcy is resolved rather than engaging in a potential dispute with other creditors. You would still want to get it cleared with the bankruptcy trustee.
Bottom line: You've got a number of issues to confront here and you need an attorney to review your specific facts to render an opinion as to your situation and provide guidance.
Sued for credit card debt. Plaintiff withdraws the case. Can it be reopened by him at a later time?: I was sued for credit card debt and had a court hearing set up for this week. Today i received a copy of the letter sent to the District Judge by the company representing the plaintiff asking to mark the case as withdrawn. My question is; can the plaintiff reopen the case at a later time? What would you advice me to do? Is there any way i can be certain this case is finalized for good? Thank you!
Michael’s answer: The only way to ensure the case is finalized is to get a judgment or a settlement. If it within the statute of limitations, then they can sue again. Contact a lawyer with your specific set of facts to determine what your best option might be.