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Ronald John McGaw

Ronald McGaw’s Answers

79 total


  • If the photo was meant for "criticism" and in no way infringed upon the copyright holder's income is it considered Fair Use?

    My husband has a ministry website with a few different aspects. One aspect of it is examining various religions and comparing their claims to the Bible. This includes faiths that claim to be Christian, such as Mormons and Jehovah's Witnesses. On t...

    Ronald’s Answer

    Don't spend money on an attorney. Just take the image down and advise the U.K. company that you have done so. If they try to pursue the matter, THEN you will want to hire an attorney. In the future, don't use pictures off the internet without permission.

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  • Can a basement tenant get me into trouble?

    My downstairs tenant was a major pain in all respects, so we told him to leave at the end of the month, which he agreed to. He was only there for 1 month. There was no lease and he paid in cash. He just called me saying he wants half of the rent h...

    Ronald’s Answer

    If the tenant won't leave on his own, you will have to evict him. That will cost you some money assuming you need to hire an attorney. Unless you really understand what you're doing, you will need an attorney. Evictions are very tricky. Secondly, the tenant certainly can report you to your city or town if he sees that you are doing something illegal. He won't care because he's moving anyway. But this absolutely could cause you a big headache. You may be forced to correct the situation and pay fines or penalties for doing some illegal thing. Lesson learned. Don't try to rent out an illegal apartment. I think you might be well advised to work this out privately with the tenant.

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  • Is there any defense for me?

    i got a ticket for being parked in a Temporary Construction Regulation No Standing, i am a stone company and i delivered stuff to this job site,?

    Ronald’s Answer

    There is no obvious defense, and certainly no statutory defense. You should, however, go to court to see if you can speak with the issuing officer and strike a bargain. If you tell the officer that you have figured out a different way of doing your deliveries without having to park there, he or she may be willing to offer an Adjournment in Contemplation of Dismissal (ACD), with is essentially as good as a dismissal so long as you don't do it again.

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  • Could I be at risk of trademark infringement if I call my company Clean Bites?

    Hello, I am starting a small business selling healthy snacks that include granola and energy bites. The company is not incorporated yet. I will begin by selling my products at local farmer's markets, and if there is interest, I plan to incorpor...

    Ronald’s Answer

    You say that you want to use the mark CLEAN BITES for the sale of healthy snacks that include granola and energy bites. You have already found a pre-existing mark for CLEAN EATS on what appears to be essentially the same goods. I think your use of the word CLEAN would be likely to be confused with the pre-existing mark CLEAN EATS for the same goods (I am intentionally dropping the last two words of the pre-existing mark because those words are apparently deemed generic to the product. So in my opinion, and I worked in Trademark Law on Park Avenue for many years, you should NOT spend money chasing that proposed mark. I think it will either be disallowed by the Trademark Office, or challenged by the owners of the pre-existing mark. Find a different mark for your goods.

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  • Jumped a turnstile

    I jumped a turnstile and I think the cop gave me a criminal record. After he caught me, he took my ID and called someone saying my name. Then he let me go and said this will be on our personal records and if you do it again it will show. Please help

    Ronald’s Answer

    From what you say, it may be that the police simply let you go with a warning. Unless you were officially charged, that appears to be the case. If you do end up getting charged, you will be assigned an attorney if you can't afford one. What happens after that will depend mainly upon any prior criminal record you may have.

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  • How do I get a family court order corrected?

    I received a family court order today for visitation with my children but they forgot to include one of the children. My attorney is out of the office. What can I do to get it corrected immediately. The visit is scheduled for Monday the 11th and I...

    Ronald’s Answer

    You may not be able to get it corrected immediately. But you might try calling the Clerk of the Court and explain what happened. Better yet, got back to the Court and ask to speak briefly with the Judge's Court Attorney. As it appears to be simply a typo, and assuming the settlement was placed on the record, the Court may be able and willing to issue a corrected ordered right away.

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  • Will I have problems coming from Mexico back to the U.S. without a passport and with a bench warrant for missing court on a drug

    Just want to know

    Ronald’s Answer

    If you are a US Citizen, they will allow you back into the country, but may arrest you on the bench warrant, particularly if it involved a felony case. If you are NOT a US Citizen, then they will not allow you into the country, but may arrest you anyway. If arrested, they would have to then inquire as to whether the state where the warrant was issued wants you back. If so, they will extradite you to that state. I highly recommend that you contact a US attorney in the state where the warrant was originated to seek legal advice prior to attempting to return to the United States.

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  • I'm 16 turning 17 I want to know if I can legally rent an apartment at this age?

    I'm 16 turning 17 I am currently living in my mother's house... Both parents wants me out of the house by 18

    Ronald’s Answer

    Technically, unless you're officially deemed an emancipated minor, you don't have the legal right to enter into a contract until you're 18 years old. So you may find it difficult to find any landlord willing to enter into an agreement with you, even an oral agreement. The other big problem of course, possibly, would be whether you have any credit or track record of paying debts. Landlords don't want a tenant who will stop paying rent. Ultimately, your parents are still responsible for you until you turn 18. They could be held in neglect if they refused to allow you to live with them, so long as you agreed to abide by their reasonable rules.

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  • What if I don't qualify for a public defender

    What if I don't qualify for a public defender

    Ronald’s Answer

    If you are charged with a crime, you have a right to counsel. You will be assigned an attorney if you can't afford one. The standard for whether a person can or cannot afford an attorney is rather vague, but not everyone qualifies. If you don't qualify for a free attorney, your only option is to hire one. There are free legal aid society's that may assist you, and you can contact them to see if they would represent you.

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  • Can I use Clip Art that resembles a schools mascot and the city name on a product without using the schools entire name?

    I am trying to make t-shirts with clip art, and a city name plus my company's brand name is on the t-shirts as well. I am worried this could be infringement on a school because the clip art resembles the schools mascots. Is this okay? How could I ...

    Ronald’s Answer

    There are two issues here. You may have a copyright problem and a trademark problem. Very briefly, if your final image is substantially similar to the already existing image, then you may be infringing on that previously existing image. It doesn't matter if they have a Register copyright or not. They still own the copyright to that previous image. As to trademarks, the test is whether your image used in the promotion or sale of your products are likely to confuse the consumer in regard to the previous image and how that image was used. By now I think you must have realized this is not an area for the novice to guess at. You would be well advised to seek the advice of an intellectual property attorney, and get an opinion as to your rights.

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