Can I still get damages from trademark infringement if the infringer did not make profits and ceased using the mark?
Philip's answer
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Answered on February 18, 2016
If you registered your trademark with the USPTO (United States Patent and Trademark Office) you can sue for statutory damages and attorney's fees. ...
Do interrogatories need to be filed with the court, or a courtesy copy given to the discovery department?
Philip's answer
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Answered on February 18, 2016
No. You serve copies of your discovery, e.g., interrogatories on the opposing attorney or party if not represented by counsel. When you serve...
Archived
How many opposition motions to quash a summons can the other party file?
Philip's answer
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Answered on February 18, 2016
This question requires more details. The court would not likely rule on two motions to quash service of summons on one particular defendant. But...
Can you object to a form interrogatory the same way you object to a special interrogatory?
Philip's answer
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Answered on February 17, 2016
Yes, but be careful - relevance is not always an appropriate discovery objection. The proverbial fishing expedition is not always prohibited. For...
Archived
Which state goes in 8.3 -- theirs, mine or both? Does arbitration need to occur in the county of the client or mine?
Philip's answer
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Answered on February 16, 2016
Both of these items are negotiable between the parties. The governing law and the venue for any subsequent legal action could be either...
Archived
Would I be better off seeking an employment attorney or someone that specializes in contracts to assist?
Philip's answer
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Answered on February 16, 2016
Even though you appear to view the scenario you have described as a breach of contract (which it could be) it is in the employment context and your...
I got a job offer and they took it back. Am I screwed?
Philip's answer
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Answered on February 16, 2016
Despite the fact that at-will employment can be terminated at anytime, from your description of the facts, a promissory estoppel argument certainly...
Archived
How can fight my employer with a legal stand point to recover my project earnings?
Philip's answer
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Answered on February 16, 2016
Litigating Federal employment claims can prove to be complicated. You have certain rights and remedies available to you, some of which are...
Archived
At what point should I begin the motion to compel? Thanks
Philip's answer
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Answered on February 16, 2016
Assuming this case is in California, if the opposing party did not serve a response 35 days from the date of service of the underlying discover and...
Is a verbal contract binding in California?
Philip's answer
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Answered on February 12, 2016
In California, contracts may be verbal unless they are required to be in writing by statute. For example, the statute of frauds requires...
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