Archived
I just learned my registered fictitious name for my business is being used by two other separate individuals in the same state.
Andra's answer
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Answered on November 07, 2015
If all of you use the name for products or services, the one who has the earliest usage has the superior rights under common law. You need to hire...
How do I file a cease and desist order?
Andra's answer
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Answered on November 07, 2015
If you are still involved in family court proceedings, then you should proceed in that forum. Otherwise, you may have a claim for intentional...
Archived
Can you lawfully take adverse action against someone for 1st amendment speech if you are a private citizen and not gov.?
Andra's answer
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Answered on November 07, 2015
If what they posted is the truth, then you cannot sue for defamation. However, you have legal obligations under HIPAA not to invade their privacy.
Archived
A trademark is dead in the class 025...I wanted to know could I use it as my stage name or is it no longer obtainable
Andra's answer
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Answered on November 07, 2015
You need to do a search so that you can determine if you have superior rights to the mark. You do not have to register a mark to have common law...
Archived
Is there a lawsuit for slander and harassment?
Andra's answer
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Answered on November 07, 2015
This is not really defamation. Even if you did take off the lid, that is not a big issue. It would cost so much to bring such a lawsuit so think...
Archived
Remedy of defamation against an indigent and regularly hospitalized defendant?
Andra's answer
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Answered on November 07, 2015
You need to sue the person for defamation. In your case, you would see a court order stating that the information is defamatory and untrue and that...
Archived
Being threatened by ex wife for defamation of character and slander.
Andra's answer
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Answered on November 07, 2015
While I agree with my colleagues, remember you would have to prove that it is true so that it may come down to her word against yours. So both of...
Archived
Is it legal to sell a used bathing suit in NYC?
Andra's answer
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Answered on November 07, 2015
As long as you advertise it as used and that it is purchased at the user's peril and suggest that it be cleaned again prior to wearing it, unless...
Archived
Is it possible to secure a patent /idea for a software application app before it is coded and developed?
Andra's answer
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Answered on November 07, 2015
There are several things that you can do provided you have an enabling embodiment of your invention as ideas are not patentable. You can do a flow...
Archived
Do I need a copyright lawyer?
Andra's answer
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Answered on November 07, 2015
You need to have an attorney review the contracts. You also need to determine if you agreed to a work for hire agreement. If so, you have...
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