Archived
Is using a name for the business close but not completely similar to another business name considered a trademark infringement?
Andrew's answer
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Answered on January 18, 2018
While I don't think the prior user's mark is very strong (with a geographic descriptor (i.e. place name) and a general descriptor), it probably...
If I make a satire about a Barbie doll can Mattel sue me?
Andrew's answer
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Answered on January 18, 2018
Barbie (i.e., Mattel) has already gone after a satirist -- and lost, badly. It sued an artist in Utah who had created a series called "Food Chain...
Can I use another brand logo as part of my logo?
Andrew's answer
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Answered on January 16, 2018
You want to take a valuable property that belongs to someone else, and incorporate it into your own, without obtaining permission. Yes, that is...
Archived
Recruiting before forming the legal business entity.
Andrew's answer
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Answered on January 10, 2018
Yes, there is a risk to the founder in hiring personnel before starting a corporation. Still, it is often necessary to recruit a good crew before...
Archived
Hiring someone from a competing company.
Andrew's answer
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Answered on January 09, 2018
1. You are free to hire anyone who worked anywhere, as long as you comply with the law. In California, covenants not to compete are against public...
Archived
We need a cease and desist letter to be served to the company/persons infringing upon our intellectual property?
Andrew's answer
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Answered on December 24, 2017
The Bay Area has many good lawyers who specialize in intellectual property. Use Avvo's "Find a Lawyer" at the top of the page to find a firm that's...
Archived
What can I do if I am laid off from position closure (not performance), but that position is really being given to someone else?
Andrew's answer
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Answered on December 19, 2017
First, I assume that you do not have a contract. If you do, then both sides have to respect the terms of the contract. Without a contract, you are...
Archived
What code applies to notify court that plaintiff deceived the court, obtained ruling on motion that actually had no hearing date
Andrew's answer
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Answered on December 18, 2017
You are basing your conclusion on the not-so "obvious[]" statement that the judge cannot grant a request for leave to amend. State judges know very...
Archived
We are a CA corporation. An ex employee has filed a lawsuit but hasn't served the company. What happens if we're not served?
Andrew's answer
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Answered on December 01, 2017
The company needs to get ahold of the complaint to review it with counsel before taking the next steps. There are options available to address...
Archived
Do I have to shut down my 10-yr website, as someone is saying they've Trademarked (a portion) of my website domain name??
Andrew's answer
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Answered on November 17, 2017
You need to consult with a lawyer with experience in trademark issues to work out what rights you have. You may have first use rights regarding the...