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Paul C Jorgensen
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Paul Jorgensen’s Answers

168 total


  • Is awarding attorney's fees an automatic default in copyright infringement?

    I'm being pursued by a copyright troll concerning a single image that was used on my site, No, i didn't post it, but there's a chance my DMCA defense is invalid due to a technicality. Anyway, I'm trying to figure out how far to push this nonsense...

    Paul’s Answer

    Usually an award of attorneys' fees is not automatic, and must be supported by facts showing that the award is warranted. Certainly there are circumstances where the award is warranted, and that seems to be what the troll is using to scare you. Get some good counsel on this.

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  • What are my options with a verbal agreement, & the other person didn't follow thru with it?

    Long story short I traded a moped for a car... received a bill of sale for the car, called the DMV to make sure that's the name on the title and no liens, TWICE. They assured me that the guys name was on the title and that there were no liens. A m...

    Paul’s Answer

    Cars and a lack of written contract point to your best option: enlist a local attorney familiar with laws about contracts (requirements that they be written) and cars (any consumer recourse laws). That attorney should be able to tell you what your local options are. Worth the investment.

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  • How do I terminate this contract?

    I purchased a Timeshare thru Global Exchange Vacation Club in July of 2013. It has served me no purpose because if unavailable locations. I would like to terminate this contract. I do not have a mortgage because I paid it at purchase.

    Paul’s Answer

    If you are not sure about your options for termination after re-reading your contract carefully, take it to an attorney who specializes in contracts or investment properties like time shares.

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  • Is this a violation of my rights? I did not have a contract. I would appreciate any suggestions as to what my rights are.

    I was out of work for several months, so I decided to take a call center job in the meantime. Training was 8 weeks at $15/hour, and after that pay consisted of commissions (if less than minimum wage is earned based on commissions, then a draw is ...

    Paul’s Answer

    You should probably discuss the matter with an employment attorney in the area where you were employed. This is less of a contract question than an employment one and most employment questions have local angles to them that are best answered by an attorney there.

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  • Attorney took money and did not fulfill outlined duties on agreement

    I hired an attorney for a flat fee to help negotiate some judgments against me. I spoke with him on 10/31 and paid and sent agreement. I never heard from him until I sent several emails and calls on Nov. 10th to ensure he received all documentatio...

    Paul’s Answer

    Contact the state Bar association and ask them about reporting and recourse.

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  • What recourse is there for a trademark filing that was marked as “Abandoned”?

    The previous owner neglected to complete the paperwork necessary to file and is now part of newly formed corporation that would like like file under the same IC and (G&S) codes.

    Paul’s Answer

    I agree with my colleague, but since there may be some complexities between who is using the mark and who is filing for registration of the mark, best to sit down with a trademark specialist and walk through all the concepts.

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  • Do I have to have a separation agreement to prove I lived apart for a year?

    My husband moved out on September 13th according to the child custody summoms I recieved. He said he was not sure if he really wanted a divorce or not. The only thing we have focused on was custody of our girls. With me receiving that summons, do...

    Paul’s Answer

    Consult with a divorce attorney familiar with all state rules that may be applicable to your situation. Your facts reflect that far too much is on the line and that you must invest in local legal help.

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  • "What kind of an attorney should I consult for an issue with a storage company and their contract"

    I've had about $20,000 worth of household goods stored in a storage facility for over 3 years. It now has mold all over it and I didn't get renters insurance. However I have found a hole in the concrete wall where the moisture has come in. I want ...

    Paul’s Answer

    A local attorney who understands contracts and can help you understand your options in this matter.

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  • Does a signed Contract become void when a company is sold?

    If I have signed a contract with company X, and company Y buys out X can my original contract with company X voided? Must I stay with a new company? There is no information on this in the fine print of my contract. Had I known the company was to ...

    Paul’s Answer

    I agree with my colleague: most of your answers are going to be on the face of the contract. In addition to whether the contract can be assigned (and what is required for that assignment), you need to look to termination provisions - there may be some that allow the contract to terminate if one party is sold, wound up or put into bankruptcy. Meet with an attorney who understands contracts and your line of business to discuss options.

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  • I just found my crochet design in a magazine! No, they didn't ask me for permission and no, I wouldn't give it anyway.

    I created and published it in 2010, and it became very popular on internet. I never published the pattern for it nor I ever gave permission to anybody to copy it as it was meant to be a one-of-a-kind object... And now this magazine made up a patte...

    Paul’s Answer

    I agree with my colleagues: your pattern could have sufficient creativity to be protected as a copyrighted work. To know whether you want to take action, however, you are going to need a copyright attorney to review the work, get supporting facts together about the date of its creation, and determine the likelihood that the other party had access and the opportunity to copy your work and did copy your work. All that involves a lot of facts, so get a copyright attorney to help you identify and sort those facts.

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