TheUnforgiven posted:

IP question about use of "logo for a faction in a video game, the logo of a superhero, or artwork based off of games."

Wyatt posted:

There is, of course, a complicated answer to this. But the quick and dirty version is this: copyright covers original works (books, song, movies, etc.) and trademark covers marks (typically logos and stylized writing) used in trade. The things you are talking about are most likely covered under trademark law. The Superman logo, for instance, is a registered trademark. So, too, is the symbol the rebels use in the Star Wars universe. Et cetera. If you are curious about whether a mark is registered, you can use the USPTO Search. Do note, however, that even if it's not registered, that does not mean it is not protected by law.

As for how that impacts your business model, it really is complicated and you should consult an attorney in the field. I hope your model goes beyond printing up shirts adorned with the Weighted Companion Cube.

Krispy Kareem posted:

It sounds like you have a lot of his information already, but what about the check you wrote him? When the canceled check comes back to you in either paper or digital form it should have his bank account information or his ID written on the back.

Actie posted:

Well, the check he wrote me--which bounced--is drawn from some bunk generic business account. So I have the account info, but don't think there's much I can do.

The checks I wrote him--my bank lets me see the back of them, but the resolution is too poor for me to make out his account number.

Anyway, I learned a lot about him today. For instance, there are a couple warrants out for him in MA (where he spent a couple months in jail). He may also be wanted in CA. But, unfortunately, the NYPD won't help me at all. They claim it's a civil matter. They wouldn't even file a report. And, apparently, I'm not the first person they've turned away like this about this case.

Suggestions?

Actie posted:

Well, the check he wrote me--which bounced--is drawn from some bunk generic business account. So I have the account info, but don't think there's much I can do.

The checks I wrote him--my bank lets me see the back of them, but the resolution is too poor for me to make out his account number.

Anyway, I learned a lot about him today. For instance, there are a couple warrants out for him in MA (where he spent a couple months in jail). He may also be wanted in CA. But, unfortunately, the NYPD won't help me at all. They claim it's a civil matter. They wouldn't even file a report. And, apparently, I'm not the first person they've turned away like this about this case.

Suggestions?

Krispy Kareem posted:

Someone else may have better advice for you about the cops, but on the bank issue I believe you can request the actual check mailed to you. Electronic copies are provided in lieu of more expensive originals, but the paper copies are on file and can be pulled (may require an additional fee).

Not sure exactly what that would provide you with though. It sounds like he's been working the system for awhile so odds are the account is since closed.

EDIT: Regarding the business check he wrote, you may be able to involve the police in that. Him defrauding you in a contract is a civil manner. However writing a known bad check may fall within kiting laws which includes criminal penalties.

OzzyBlood posted:

I read Actie's post and I really can't find anything he did wrong when trying to rent this apartment. He met with the renter in person, gave him a cheque and not cash, signed a lease agreement. I'm going on assumptions that the place wasn't a dive and that the renter didn't look like a cracked out toothless bum, what other steps could Actie have done to protect himself? I genuinely feel bad for you dude. Most people who get scammed by "Renter is on vacation in nigeria so they want me to western union first and last months rent to them" don't get as much sympathy from me as common sense should kick in for them. So just for learning and awareness purposes, are there any other additional measures he could have taken?

Once again, sorry man, I hope you get your money back and this guy gets put in prison.

Mousse420 posted:

quote:

Here is the story of what happened to me in Iowa:

As I drove the new 2010 car with temporary plates into Iowa, the first thing I noticed was a large police presence, similar to the LIE, much larger than any of the other states I drove through. That should have been an indication to drop well below the speed limit of 70 mph and pull into the right lane. Unfortunately, I continued along at about 70 mph, and didn’t use the cruise control. I was in the fast lane, where the truckers weren’t spewing rocks upon the new car. You can guess what happened next.

Waiting at the bottom of a hill was an Iowa State Trooper in a new gray Dodge Charger who blended perfectly into the background of oncoming traffic and the median upon which he was parked. He saw me well before I saw him, but when I did see him; I instinctively took my foot off the gas as a precautionary measure. As I passed by, I saw his head turn, clearly picking me out of the crowd.

I thought “Great! I didn’t have the cruise control on…How fast was I going?” I never saw him pull out in the mirrors, but he was definitely right next to me, waving at me to pull over.

Stopped on the roadside in the middle of Iowa, the Trooper comes over to my passenger side door. I said “Hello sir, may I ask why you pulled me over?” To which he replied “I noticed you were going 74, the speed here is 70. Also, I couldn’t tell where your plates [the temporary plates] were from. Can I see your license and registration?” I said “sure” and proceeded to pull my license out of my wallet which was bulging with small denomination bills for my cross country trip. He took immediate interest in that. I opened the glove box to grab the other paperwork as he curiously peered in there as well. I handed the paperwork to him and he got on the radio and said “We have one suitcase in the back.” He poked his head back into my window and said “please step out of the car.” Something told me this wasn’t just about driving a little over the speed limit.

I began to worry that I had unknowingly broken some strange Iowa State law, and asked “Is there a problem sir?” He explained “No, I just need you to take a seat in my car and sign something on my screen.” I sat in the passenger seat of the Charger where he explained that I was pulled over because I was traveling 4 mph over the limit, and he couldn’t ascertain the origin of my temporary plates. He added that these plates are easy to fake, and he wanted to make sure that wasn’t the case. They were all real, and I actually expected to be pulled over because of them even before leaving.

After calling in to make sure I had no criminal history or warrants, of which I have neither, the Trooper told me that he was letting me off with a warning. “No points, no fines, I just need you to sign the screen.” I signed it and he told me I was free to go. I got out of the car and headed back to my car, at the same time he got out of his seat as if there was just one more thing he wanted to add.

He asked “By the way, do you have any drugs in the car, or anything illegal?” I told him the truth “No I don’t.” He asked “Do you mind if I take a look? You do have the right to refuse a search.” This is where I could have saved myself a lot of time. I already lost 15 minutes while he wrote up my warning, and just wanted to get back on the road since I had a 15 hour drive ahead of me. I said politely “No, I don’t consent to a search, I’m really just trying to get back on the road.” That was the wrong answer apparently; he clearly had it in his head that I possessed some sort of contraband.

The Trooper said “Alright, you’re now being detained, please have a seat in the passenger side of my car.” He got on the radio “We have a refusal of consent; we’re stopped at [location].” The Trooper began filling out a form entitled “Consent to Search Form” as he explained that the K-9 unit was on its way, and if the K-9 signaled, they would have probable cause to search the vehicle and if it didn’t, then I was free to go. He then tried to get me to sign the consent to search form by saying “Some people just write REFUSED at the bottom.” I knew that, legally speaking, you could draw a squiggly line or even a smiley face and that’s legally considered your signature. I politely told him I wasn’t going to sign it.

At this point I heard the trooper breathing heavily, probably from adrenaline; he must have thought I had something terrible to hide. I mean why else would someone refuse to let a stranger rummage through their personal belongings?

The K-9 unit finally showed up about 15 minutes later. The K-9 officer explained the routine to me and proceeded to let the dog sniff around the car. It went around once and even sniffed in the open window without doing anything. The second time around, the K-9 officer stopped at the rear driver’s side door and was tapping at it much longer than anywhere else. The dog, looking more at the officer than my car, sat down. That was the signal.

The dog was taken back to his car and the K-9 officer came to where I was waiting and said “Alright, the dog signaled that you have something near the rear driver’s side door.” He waited for me to say something. I replied “Ok.” He told me “This gives us probable cause to search your vehicle.” I replied “I understand.” Even in hindsight, I don’t know what that dog smelled, or if it smelled anything at all, but I did notice that all the officers I spoke to smelled like they were sprayed by skunks.

By this time, there were about 5 police cars lined up behind me. The chief even showed up. He didn’t say anything to me; he just stood behind me and was staring. It was a little creepy. Now, the trunk was open, the doors were open, and my suitcase was being rifled through. They were looking in the lining of my suitcase, taking clothes out, and going through my nicely folded pants pockets. Unable to find anything, the Trooper came back to where I was sitting and said “If you have something in there you can make it easy on yourself and tell me now. If we find something, it’ll only be harder for you later on.” I said “Ok, there’s nothing illegal in there.” I was now stopped for about 45 minutes with about 6 police cars behind me.

He grabbed a stethoscope from his back seat and I thought he was going to check my vitals, but instead he went up to the tires and began tapping them and listening for something inside. They were looking down inside the car door panels, checking the engine, and knocking for secret compartments in the trunk.

By the 1 hour mark, the 6 or 7 Troopers were scratching their heads, as it finally dawned on them that I was actually telling the truth, and didn’t have any contraband. They put everything back in place, and were even nice enough to pick some of the straw out of the floor mats that they dirtied up. I asked them to stay so I could make sure all of my possessions were in order. Everything was there. They didn’t take any money or my laptop or anything. But they did open my video camera and mess up some of the settings, presumably to play back my videos of the open road and state signs, as well as look at the calendar on my phone.

I asked them how I can avoid having this happen again, they replied “Drive the speed limit and make sure you keep that registration with you.” I thanked them and drove away, using the cruise control for the remainder of my journey.

Mousse420 posted:

I'm not asking what the "right" thing to do is, it's in the title. LEGAL question.

Mousse420 posted:

How did I break the law? by believing a lie? By buying a computer from someone in a private transaction, when I had no idea it was gotten with stolen money?

I don't think you really understand that he was using a web of lies to make this all sound ok. I didn't think I was doing anything wrong. I honestly didn't even think the money I gave him was going to dope but I DEFINITELY wouldn't have gotten involved if I'd known he was using stolen money. Exactly how much are you expecting me to have looked a gift horse in the mouth? The receipts had his girlfriend's name on them, not his mom's.

It should also be noted I've addressed the points you bring up already.

Actie posted:

Turns out, I didn't find a nice deal living with a braggart. I found a voluble, clever scammer who, I've since learned, stole tens of thousands of dollars from people before me. Which is why I'll probably never see me $2k again, and why I'll never try to find a roommate on Craigslist again.

Actie posted:

UPDATE: The scammer has initiated a PayPal transfer to me. It's for the amount that he owes me, and it's by eCheck. It says it won't clear until Friday.

I'm completely unfamiliar with PayPal, though I do have a Premier account. Sorry to waylay this thread--but could someone tell me if he has any way of canceling the payment? Is there any chance payment won't go through? If he can pay by eCheck, wouldn't that also mean he can make an instant payment?

Mousse420 posted:

What if I get rid of the computer and it's not here when cops get here? Or will they even come inside my house? They would need a search warrant to do that, wouldn't they? What is the likelihood of them getting one of those for me?

Mousse420 posted:

What if I get rid of the computer and it's not here when cops get here? Or will they even come inside my house? They would need a search warrant to do that, wouldn't they? What is the likelihood of them getting one of those for me?

Mousse420 posted:

What if I get rid of the computer and it's not here when cops get here?

Mousse420 posted:

How did I break the law? by believing a lie? By buying a computer from someone in a private transaction, when I had no idea it was gotten with stolen money?

I don't think you really understand that he was using a web of lies to make this all sound ok. I didn't think I was doing anything wrong. I honestly didn't even think the money I gave him was going to dope but I DEFINITELY wouldn't have gotten involved if I'd known he was using stolen money. Exactly how much are you expecting me to have looked a gift horse in the mouth? The receipts had his girlfriend's name on them, not his mom's.

It should also be noted I've addressed the points you bring up already.

Can anyone give me actual legal advice instead of condescending/judgemental lectures?

Cheesemaster200 posted:

A friend of mine recently got pulled over in Iowa while driving cross country from Maryland to California, here is his story:


so tldr; Friend got pulled over for speeding, was asked for permission to search car, refused, and was detained until a K9 unit could get there. Cop did not say he was pulled over for anything else other than speeding and having temp plates.

Is that unlawful detention?

Not really looking to sue or anything, but I would be interested in what the law (at least in Iowa) is in regards to this.

JudicialRestraints posted:

This speaks to a violation of 42 USC 1983 for 1st and 4th Amendment reasons. I.e. you can sue for retaliation and unreasonable search and seizure.

Winning against a police department is almost impossible for serious crimes, you will not win this case unless a neutral third party videotaped it and the video tape is incriminating.

Murica.

hobbesmaster posted:

Any way of preventing this from happening other than being richer and whiter?

MalConstant posted:

Well I called another lawyer and he wanted to charge me $1750! This guy promised me that he could get the charges dropped because the case was bullshit and that I would be looking at some time in jail if I tried to defend myself..

I was told that for the $750, the lawyer would take care of everything and I wouldn't have to show up for my court date and there would be no additional fees unless there was a trial. Now all I have to do is come up with the money...

hobbesmaster posted:

Any way of preventing this from happening other than being richer and whiter?

JudicialRestraints posted:

This speaks to a violation of 42 USC 1983 for 1st and 4th Amendment reasons. I.e. you can sue for retaliation and unreasonable search and seizure.

Winning against a police department is almost impossible for serious crimes, you will not win this case unless a neutral third party videotaped it and the video tape is incriminating.

Murica.

Cheesemaster200 posted:

What if in theory they actually did find something? Could that evidence be thrown out fairly easily in court during a criminal trial? Compared to a civil suit which (i think) you are referring to?

Cheesemaster200 posted:

What if in theory they actually did find something? Could that evidence be thrown out fairly easily in court during a criminal trial? Compared to a civil suit which (i think) you are referring to?

Porky_Oboe posted:

I'll keep this brief.

Is it possible for an employer to legally withold pay from me after I've quit?

I was still inside my "trial period", having worked there just under six months and obvioulsy didn't give notice, as I told them where to stick the job.

My final salary was due to go in today but it's failed to turn up and mysteriously, my ex-manager has been ducking my phonecalls all day, so I guess they decided not to pay me. Isn't that illegal?

I'm in the UK, and I'm a British citizen by the way.

Thanks

Alchenar posted:

What does your contract say about notice?

Solomon Grundy posted:

Different states have different rules on this issue. In my state, in order to sue for negligent infliction of emotional distress, you have to be in the "zone of danger." If you were at risk from the horrible event, you can sue, but if you are merely a spectator, you can't. In other words, if a car splats a kid 3 feet in front of you, missing you by inches, you were in the zone of danger. Watching Shamu munch a trainer, not so much.

quote:

ORLANDO -- SeaWorld released a statement claiming that the lawyer for a family suing the company threatened to have them appear on Oprah. The family has sued the theme park after witnessing the whale attack that killed trainer Dawn Brancheau in February.

"SeaWorld was contacted in March by an attorney claiming to represent the Connell family who threatened to have the family appear on Oprah Winfrey's talk show if the company did not immediately agree to a cash payment," the company wrote in the statement.

The family's lawyer denied it Friday and, on an early morning program, said he wanted SeaWorld to take some kind of responsibility.

Zero One posted:

A twist in the case!

http://www.palmbeachpost.com/blotter/seaworld-says-lawyer-threatened-to-have-family-appear-887255.html

Porky_Oboe posted:

It does say 1 month should be given if possible when resigning. It doesn't say anything about witholding pay though.

JudicialRestraints posted:

In America they couldn't withhold pay. England has better labor laws than America. Find a limeylawyer to confirm his.