Archived
Should I file a USPTO trademark application first? Can Facebook/Instagram be held liable? What is your advice in how to proceed?
Andra's answer
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Answered on April 20, 2016
YOu do not need a registered trademark to sue for federal and state unfair competition and state passing off. See a local IP attorney who can walk...
Archived
In CA, if a party inadvertently makes an admission in their opposition memorandum to a motion, is that admission always usable?
Andra's answer
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Answered on April 20, 2016
You can always refer to a statement or an argument made by the opposing party. As to whether it is evidence, it will depend on in what document...
Archived
Is there anyway we could have any issues should this happen??
Andra's answer
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Answered on April 20, 2016
If your house is being used for business and you are receiving deliveries for your father in law, you could be liable if he later claims the...
Archived
Could I go un-registered with no LLC or sole proprietorship until the business makes the money to pay for all of these fees?
Andra's answer
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Answered on April 20, 2016
There are several issues, with your age being one of them. If you create an entity you are protected against persona liability
Archived
Do I need an attorney to write them? Shall I copy them or write them by incorporating important topics from other websites?
Andra's answer
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Answered on April 20, 2016
Yes. There are two issues --copyright infringement being one of them. The other issue is that in copying you may miss the gist of what needs to...
Archived
What's the best way to lodge my own trademark application? (given we don't have the income to hire a lawyer yet)
Andra's answer
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Answered on April 20, 2016
You can go to USPTO.gov and follow the instructions to the letter. A simple mistake might cost you the entire registration, so follow the...
Archived
Need help for below questions and references for help around trademark/tax related issues around grocery business?
Andra's answer
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Answered on April 19, 2016
The answer to your first question is yes. The answer to question 2 is yes. (If you have a resale number, you do not have to pay tax when you...
Archived
The statute of limitations for a written contract is not 4 years?
Andra's answer
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Answered on April 19, 2016
Usually, and to be sure you should check your specific policy, there is a provision in the contract which requires that you notify the insurance...
Archived
After obtaining a provisional patent at micro entity status, when can I begin to sell merchandise?
Andra's answer
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Answered on April 19, 2016
There is no such thing as a provisional patent. You merely filed a provisional patent application which is like filing a placeholder. Unless and...
Archived
Can I get a DBA, say for XYZ, if I found another company registered as XYZ LLC but they operate under a different DBA name?
Andra's answer
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Answered on April 19, 2016
It will be up to the Texas SOS to determine whether to grant the permission. Without knowing more details, there may also be future trademark...
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