Archived
Is it fraud if a business states to local authorities primary/principal business is not what is on US Reg. Service/Trademark
James's answer
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Answered on January 15, 2012
You appear to be arguing for judicial estoppel based on representations about the goods or services listed in a trademark application. An applicant...
Archived
Trademarks: If multiple companies use the same name of a product, does that mean you can join in? Perhaps filing a trademark ?
James's answer
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Answered on January 15, 2012
Trademark rights are acquired through use in commerce. The ability to obtain a US trademark registration is based on use in commerce. One who...
Discovery Timeframe starts when received or mailed?
James's answer
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Answered on January 14, 2012
Consistent with the other answers based on state court practice, the federal rules are similar--the time for responding to a discovery request...
Archived
Meet & confer guidelines
James's answer
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Answered on January 13, 2012
The local rules for the Central District of California (federal court in Los Angeles) requires that a "conference of counsel' (i.e.,...
Archived
Can I request to be paid for my time while representing myself pro se.
James's answer
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Answered on January 13, 2012
In general, a pro se litigant is not entitled to an award of attorney's fees. See Kay v. Ehrler, 499 U.S. 432 (1991).
Selected as the best answer
Archived
Thinking about starting a small children’s party themed business, can anyone tell me how registered trademarks work?
James's answer
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Answered on January 13, 2012
You can find info on the US Patent and Trademark Office website at http://www.uspto.gov/trademarks/basics/index.jsp
As for the use of Disney...
Archived
How can a pro se litigant file a claim that defendants response to claim is untimely. (Default Judgement)
James's answer
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Answered on January 12, 2012
The defendant arguably has 14 days after the court's order denying the motion, to answer the complaint (where the court may, in effect, treat the...
Archived
What is case law exactly?
James's answer
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Answered on January 12, 2012
In general, the legislature (e.g., Congress) passes laws (sometimes called statutes). This statutory law is then interpreted and applied by the...
Can you copyright the silhouette of a US State or National park.
James's answer
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Answered on January 12, 2012
Does your "decal" have any artistic features other than silhouette shape? Or is just a blank with a silhouette shape? I suspect it is the former. ...
Archived
Can a state circuit court judgment be collected after the statute of limitations by refiling in a Federal Court?
James's answer
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Answered on January 12, 2012
Your question seems to assume that the statute of limitations for collecting on a court judgment is three years. That may be incorrect. I believe...
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