Can a Defendant in a private civil suit plead the 5th in response to legitimate discovery requests sought by the Plaintiff?
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Answered on September 26, 2012
It is legitimate objection because the responses to such discovery in the civil proceeding potentially could be used against the defendant in the...
Archived
Can I subpoena a social media site like Facebook after they refused to acknowledge identification and also disabled the account?
James's answer
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Answered on September 26, 2012
A subpoena is a means for obtaining discovery from a third-party in connection with a pending court case. If there is no lawsuit filed, then there...
In a civil case, is there a limit to the number of requests for admissions?
James's answer
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Answered on September 25, 2012
There is no limit to the number of requests for admissions (RFA) in federal court. See FRCP 36. However, some district courts have local rules...
Archived
How can I start/enter into a licensing agreement with major beer manufacturer such as Anheuser Busch or MillerCoors? I
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Answered on September 25, 2012
The two main audiences for a company's website often are its customers and potential investors, so it is unlikely that it will address questions of...
If I take a bottle cap from a major beer manufacuturer and then make that cap into a necklace and resell it is that illegal?
James's answer
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Answered on September 24, 2012
Trademark infringement looks to a number of different factors to determine whether there is a "likelihood of confusion." Would an average consumer...
Archived
In federal or state court, when is the best time to file a default judgment against a defendant who refused to file an answer?
James's answer
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Answered on September 22, 2012
Courts prefer that a party have its day in court so that the dispute is resolved on the merits rather than on a procedural default early in the...
Archived
Media liability and cyber liability and general liability insurance
James's answer
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Answered on September 22, 2012
The risk is that if you are sued, then you have to foot the entire bill for your defense and for any damages award if you lose. If the lawsuit's...
Do I have to pay $1,200 for Copyright infringement for an eBay listing that was pulled?
James's answer
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Answered on September 20, 2012
In general, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a...
Archived
Will my company be charged with trademark infringement?
James's answer
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Answered on September 19, 2012
In addition to the other comments (which are spot on), please note that if you have a bona fide intent to use the mark, you can file an...
Archived
Can I get advice from Avvo without the information getting on the web and keeping it confidential?
James's answer
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Answered on September 19, 2012
This is a public internet forum. Therefore, you should be careful about what you disclose in your question. Questions should avoid specific...
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