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May 26, 2011 18:34
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gvibes posted:What sort of complaint? A DMCA takedown notice, or an actual lawsuit? From reading the notice she just forwarded me I’m guessing the take down notice. The movie company contacted the website my Mom was selling her items on and that website forwarded her the complaint. The website also removed the item and threatened to close her account if she relists it, even under a different name. As of now I guess it’s done with as long as she doesn’t relist the item. The actual item was a purple beaded necklace with silver drop charms and blue gems, it reminded my Mom of the night sky so in the title she put twilight inspired. In the notice is stated that the LLC owns the terms twilight, new moon and eclipse. Should she take down the silver bracelet she has on another site she titled Eclipse (it has a moon charm on it)? My Mom has hundreds of pieces, not just these moon/night sky inspired ones. LOLBBQ fucked around with this message at 18:59 on May 26, 2011 |
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May 26, 2011 18:55
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It had always been my understanding (as told to me by my Dad, a lawyer, but I am not a lawyer) that titles are not copyrightable. IE, feel free to name your novel "Hunt for Red October" or call your movie "Twilight". But I don't know if this applied to a trademark claim and how it would apply. Hopefully someone knows more about this, because it has always been something I found curious.
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May 26, 2011 19:03
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Here is a blog posting that describes some of the headaches and different legal theories applicable to copyright (well, in this case, trademark) litigation: http://www.lawlawlandblog.com/2011/05/apples_appetite_for_trademark.html There is no bright line rule. BigHead fucked around with this message at 19:45 on May 26, 2011 |
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May 26, 2011 19:18
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LOLBBQ posted:From reading the notice she just forwarded me I’m guessing the take down notice. The movie company contacted the website my Mom was selling her items on and that website forwarded her the complaint. The website also removed the item and threatened to close her account if she relists it, even under a different name. As of now I guess it’s done with as long as she doesn’t relist the item. The actual item was a purple beaded necklace with silver drop charms and blue gems, it reminded my Mom of the night sky so in the title she put twilight inspired. In the notice is stated that the LLC owns the terms twilight, new moon and eclipse. Should she take down the silver bracelet she has on another site she titled Eclipse (it has a moon charm on it)? My Mom has hundreds of pieces, not just these moon/night sky inspired ones. For what it's worth, this would be a trademark issue, not a copyright issue. Trademarks are not protected as broadly, but are resricted to marks (naming, logos, etc.) within a trade (in this case, books, films, maybe as broad as entertainment media in general). On those grounds alone, I would say she is safe using "Eclipse" for jewelry. Furthermore, trademark protection is weakest where the word in question is generic. "Eclipse" is an actual word, not a made-up gibberish word invented by the author. They don't get to own the use of that word forever, in all cases. DMCA takedowns are notorious as a tool used to bully people who don't have the knowledge or money to fight the claim. It might just be easiest to let it go and choose a different name, rather than deal with fighting it. But if she's feeling saucy, she could fight it.
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May 26, 2011 19:19
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LOLBBQ posted:From reading the notice she just forwarded me I’m guessing the take down notice. The movie company contacted the website my Mom was selling her items on and that website forwarded her the complaint. The website also removed the item and threatened to close her account if she relists it, even under a different name. As of now I guess it’s done with as long as she doesn’t relist the item. The actual item was a purple beaded necklace with silver drop charms and blue gems, it reminded my Mom of the night sky so in the title she put twilight inspired. In the notice is stated that the LLC owns the terms twilight, new moon and eclipse. Should she take down the silver bracelet she has on another site she titled Eclipse (it has a moon charm on it)? My Mom has hundreds of pieces, not just these moon/night sky inspired ones. Assuming they have trademark rights in jewelry, if she had not put Twilight in the title, there probably would not have been any problems. I think she would have been fine if, in the description, she had said something about the piece being inspired by a twilight sky or something like that. e: To be clear, the problem is the use of the term twilight, not selling something inspired by a twilight sky - the web site's threat to ban your mother is basically just an overreaction, if they mean to forbid her from even selling the piece. Wyatt posted:Trademarks are not protected as broadly, but are resricted to marks (naming, logos, etc.) within a trade (in this case, books, films, maybe as broad as entertainment media in general). e: And I don't think this is actually a DMCA takedown. Those are only for copyright violations, no? gvibes fucked around with this message at 19:29 on May 26, 2011 |
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May 26, 2011 19:25
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Wyatt posted:For what it's worth, this would be a trademark issue, not a copyright issue. Trademarks are not protected as broadly, but are resricted to marks (naming, logos, etc.) within a trade (in this case, books, films, maybe as broad as entertainment media in general). On those grounds alone, I would say she is safe using "Eclipse" for jewelry. Furthermore, trademark protection is weakest where the word in question is generic. "Eclipse" is an actual word, not a made-up gibberish word invented by the author. They don't get to own the use of that word forever, in all cases. It's just insane that this company is cruising around small art communities firing off these complaints and threats of law suits. She has no interest in fighting it and is now quite worried about other pieces she has up. I asked about the eclipse issue because they already flipped over twilight and this was in the complaint: Summit Entertainment, LLC ("Summit") is the owner of many trademarks related to and derived from the Twilight Motion Pictures, including the TWILIGHT, NEW MOON, ECLIPSE, TEAM EDWARD and TEAM JACOB trademarks (the "Marks"), as well as character names and designs depicted in the Twilight Motion Pictures (including the special stylized font associated with certain of those Marks). I guess she should just deal with future problems if they arise, plus she can always just take down items with silly complaints and sell them at craft fairs. Edit: I'm not sure what the complaint would be called, the notice said "Intellectual Property Infringement Complaint". Maybe just a general complaint? LOLBBQ fucked around with this message at 19:37 on May 26, 2011 |
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May 26, 2011 19:34
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gvibes posted:With all the product marketing they've done, they have rights in a ton of poo poo. Luggage, backpacks, band-aids, belt buckles, basically all clothing categories. I didn't do an exhaustive search to see whether jewelry was covered. Yeah, good point. In fact, I looked up their various IP holdings. For example, they have 18 separate trademarks for "eclipse" covering all kinds of bizarre stuff. To name a few: bobble head dolls, covers for golf clubs, yo-yos, lighters, shoelaces, curtains, and on and on. And, yes, one of them includes jewelry. Ugh.
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May 26, 2011 19:48
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areyoucontagious posted:removed quote I'm not entirely sure of what you're looking to DO here: unless you have a specific term in the lease, as a general legal principle periodic estates can be terminated with the proper amount of notice (which varies from state to state). If you're wondering about how to set up grounds to evict him, that's a much more specific question because unlawful detainer proceedings and the grounds upon which they can be based vary wildly from state to state.
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May 26, 2011 20:32
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meanolmrcloud posted:So, how serious is a loitering in a drug associated area ticket? Need a state. Loitering is generally extremely hard to prove.
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May 27, 2011 02:43
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nm posted:Need a state. Loitering is generally extremely hard to prove. Detroit, Michigan. He confessed.
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May 27, 2011 06:24
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joat mon posted:Detroit, Michigan. He confessed. Ok, we need to start a "Ask me about being a public defender: Don't talk to cops you moron!" thread Serious.
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May 27, 2011 15:29
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nm posted:Ok, we need to start a "Ask me about being a public defender: Don't talk to cops you moron!" thread "Ask me about being a public defender: I'm telling you not to [insert advice here] even though I know you'll do it anyway." Exhibit A: meanolmrcloud in December '09 posted:The cops are there to gently caress you, a possible and-if reading TCC-a probable lawbreaker. That is their job. ANYthing you do, say, think will help them gently caress you. They make an art of coaxing suckers to say what they would otherwise not know. meanolmrcloud in April '11 posted:Since I was cuffed, pretty sure I was going to jail, and getting interrogated by cops who knew what was up, I (stupidly) admitted I was [redacted].
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May 27, 2011 16:09
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joat mon posted:Sounds good to me. Oh for fucks sake. How loving hard is it to always say, I do not wish to speak with you and want an attorney.
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May 27, 2011 18:46
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Don't worry. Sometime between now and trial, he'll write a letter to the prosecutor explaining everything that went down. No way that can backfire.
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May 27, 2011 19:48
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Alaemon posted:Don't worry. Sometime between now and trial, he'll write a letter to the prosecutor explaining everything that went down. No way that can backfire. Don't forget the judge too.
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May 27, 2011 19:59
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nm posted:Don't forget the judge too. We didn't get as many letters to the judge before the trial phase. Most of our letters to the judge came just before sentencing. Copy for the court file, copy for the prosecutors, copy for the defense attorney, original to Parole/Probation. Hardly clerkin'.
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May 27, 2011 21:26
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I was recently fired in California at Starbucks for "an inappropriate drawing on a cup". I did not draw on a cup, and the boss himself told me that he didn't even witness a cup presented to him and it was completely hearsay, "but anything sexual in nature has to be taken seriously and is a first-time terminable offense". I'm pissed. I got no communication based on whether or not they should at least consider me keeping my job. I was there for three years and have multiple recognitions for customer service and work ethic. I show up thirty minutes early upon request thinking they are going to fire the girl that has no-call no-showed 11 times in a row and I'm covering her shift but instead they fire me. I requested I get a written documentation showing what I did wrong. I signed the form as an acknowledgement of receipt, not a recognition of guilt, as this is all bogus. My unemployment just got denied because apparently my drawing (that never happened) is considered misconduct and is fault of my own, so I'm appealing. What I've been written up for in the past: -Two for tardiness (I live 30 minutes away and always give myself tons of time but two gridlock accidents caused these) -Two for asking a boss permission for something, getting permission granted to me, and having another boss step in and write me up for them because apparently it was not allowed. (Leaving earlier than everyone else with permission, already outside of my scheduled availability by an hour; paying for an oatmeal after I ate it instead of beforehand) -One for drawing a dick with sidewalk chalk in the parking lot. After this I have never drawn anything at my work unless customers ask for portraits on cups (which I'm happy to do and everyone is okay with) So basically, I'm wondering what my chances of winning an unemployment appeal in California are if I'm fired on hearsay with no presentable evidence on my boss's side. I need to prove that getting fired was no fault of my own, which I'm having trouble doing because I didn't even do what I got fired for in the first place. tl;dr: How should I word my unemployment appeal to work best in my favor? -No evidence brought to me for my alleged terminable actions -No writeup history for almost six months -No previous history of sexual harassment or vulgarity exchanged between customers or coworkers (security on our complex found the dick drawing) Any help would be greatly appreciated in this. I don't know where else to turn. I really need this money as I had no idea in my wildest dreams I was going to get fired and because I'm going to be going off to college and orientation in July it's nigh-impossible for me to find a job.
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May 28, 2011 10:00
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Good morning legalgoons! I have a relatively straight forward and general question. I live in Michigan (Macomb county) and fully intend to retain the services of a real estate attorney (as soon as I find a way to find a competent one...) but am looking to get a general idea of the process of what I need accomplished. What is (are) the typical method(s) of clearing a cloud on your property title? The cloud is an invalid option to purchase (verified by very competent attorney but who cannot take my case and has no referral to offer) but could still cause delays/problems if I find a buyer for my home. Is this something that typically needs to go to court with all parties involved? Please tell me a little about the process of removing these clouds! Also any tricks/suggestions on filtering out the huge number of barristers would be helpful also! Cheers!
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May 28, 2011 12:28
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Mornings y'alls, I hope my legal question is fairly straightforward. I am in Seattle, Washington. With regards to leases, I remember hearing about how verbal contracts are legally binding. Well, that may not be the best way to phrase it, but if you live in a house, even if you don't have a lease, there is an implied contract as long as you pay rent every month... I think. Anyways, I was wondering how this applied to other costs, such as utilities. One of my good friends is having trouble with a roommate who simply refuses to pay the utility bill. Nothing is written in the lease about that. There is only a verbal agreement as to who pays how much of what in 'shared' costs like utilities. So can one roommate just refuse to pay and have the others foot the bill, or does an 'implied contract' of some sort operate in this circumstance as well? Thanks a bunch!
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May 29, 2011 09:36
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Solomon Grundy posted:I am sorry for your loss. There are way too many variables to answer all of these questions specifically. Generally speaking, and without giving any specific legal advice, the probate court of the state where your father resided (not where he worked or where he died, but where he lived) will have juridiction to control the disposition of property. You are getting a bit ahead of yourself. You have mentioned giving a car to your brother and disposing of assets, when you probably do not have the power to do so. Thanks for this post and the sympathy. I guess I didn't think that it would be wrong to assume that is assets would become the family's automatically but what you said makes sense. I used this information to convince my grandmother and aunt that we should hire a lawyer and have one we will be meeting with (hopefully) later this week.
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May 29, 2011 20:05
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A Bag of Milk posted:Mornings y'alls, I hope my legal question is fairly straightforward. I'm not a lawyer or anything remotely close nor do I live in Washington; however, I just went to court with an old roommate over essentially what was a verbal contract for her to pay 1/3 of utilities in our household of three, and the judge said so long as she had the key she was responsible for a third of the household expenses. We didn't have anything in writing, but the whole verbal contract aspect never even came up. It's just expected. Unless you have some weird arrangement where he pays a different amount than an equal split, I wouldn't be too caught up in the verbal contract aspect as it's the norm, and he lives there. Take him to small claims if you really care about the utility money. And kick the deadbeat out.
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May 30, 2011 15:25
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edit: nevermind
meatpath fucked around with this message at 01:40 on Jun 1, 2011 |
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Jun 1, 2011 01:27
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My apartment complex today left notices on doors that they would be coming in sometime within the next 3 days to do yearly inspections. I live in Iowa. I'm pretty confident the landlord is required to give 24 hours notice before entering my home except for emergency. The lease claims they can enter any time if reasonable. Does "sometime in the next 3 days" constitute 24 hour notice?
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Jun 1, 2011 05:59
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NancyPants posted:My apartment complex today left notices on doors that they would be coming in sometime within the next 3 days to do yearly inspections. I live in Iowa. I'm pretty confident the landlord is required to give 24 hours notice before entering my home except for emergency. The lease claims they can enter any time if reasonable. Does "sometime in the next 3 days" constitute 24 hour notice? This is a fantastic opportunity to exercise common sense. That is all.
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Jun 1, 2011 07:57
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Ontario, Canada In-Laws, honestly nicest people ever, came home from a funeral in Scotland to find a roofing company working on the duplex (neighbors) attached to their home. The company had roofing materials all over my in-laws property and a wooden plank board and shingles laying on the hood of his car. The hood of the car had deep gouges exposing the metal and the area with the shingles had indents and scraping as well. Regardless, their waste materials are all over their property as well. Is there anything that can be done in the situation or is it basically just insurance covering the issue? Side note (which really doesnt affect things), the supervisor was a fuckin' rear end in a top hat who ended up getting in my father in-laws face with a cigarette in his mouth for being upset and initially denying the damage they caused before I ended up pushing him away.
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Jun 1, 2011 19:50
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Removed
Andy Dufresne fucked around with this message at 20:04 on Jun 22, 2012 |
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Jun 1, 2011 21:30
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Thomase posted:Side note (which really doesnt affect things), the supervisor was a fuckin' rear end in a top hat who ended up getting in my father in-laws face with a cigarette in his mouth for being upset and initially denying the damage they caused before I ended up pushing him away. Well, it affects the assault charges he could file on you.
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Jun 2, 2011 03:32
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InfoAficionado posted:He told me our best option is a waiver divorce where he's representing me. Obviously if she didn't agree to the terms then she would need to get her own attorney. How common is this?  ) and really don't know what to expect. This situation seems somewhat ideal - I would very much prefer having someone "in my corner" despite this being an amicable split, but I want it to be as simple as possible for both our collective wallet and individual sanity.
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Jun 2, 2011 03:54
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I need some advice on how to report someone for mail fraud. My father was scammed, and I'm not looking to get his money back so much as just reporting this incident. My father attempted to purchase a car part from a seemingly legit website about 2 and a half months ago for a motor rebuild that we're doing. Flash forward to now, and he has no part, and no refund on his money. Until about a couple of weeks ago, the guy he bought the part from would respond to email messages and phone calls, always with the promise of sending the part out shortly. About a week ago my father called asking about the part and the guy said "oh, well I'll tell you what the problem is..." and then hung up. Now there are no more responses to email or phone calls, and my father can't leave a voicemail because the guys voicemail box is full. My father contacted paypal, but they said they can't do anything because it's been more than 45 days. That explains why the guy was responsive for so long, then suddenly unresponsive, he was waiting for the 45 day limit to expire. My dad's doing a credit card charge back, so we'll see where that goes. My father just told me yesterday about how the website ended up being a scam. I did some internet detective work (DNS lookup on the site and lots of googling) and I have a home address, home phone number (he hasn't answered the phone yet, and the home phone voicemail box is also full, but I'm going to keep trying), another story of this guy ripping someone else off through his website, various message boards the guy is a part of, etc. The most interesting piece of information I found, though, is that this guy is delinquent on almost $200,000 worth of taxes in his home state. I guess if your business is scamming people, you may as well scam the government as well. I don't necessarily care about getting my fathers money for the part back (~$150, it sucks, but it's not a hardship), but the guy is committing mail fraud and tax evasion. He's a criminal, and he really should have to face some kind of repercussions for all of this. Should I contact the local authorities in his hometown, or is there somewhere else I should report this? I'd just like for this to be "on file" or whatever. Until then my plan is just to wait for the charge back to go through, and to attempt to contact him every way I know how (multiple phone numbers, email accounts, and message board profiles, probably even send a certified letter for good measure) to try and get a response from him. It's worth noting that I'm in California and he's in a midwestern state, so it's not realistic to pursue this in a small claims court.
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Jun 2, 2011 07:16
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BobDole posted:I I have a home address, home phone number (he hasn't answered the phone yet, and the home phone voicemail box is also full, http://www.irs.gov/individuals/article/0,,id=106778,00.html if you've found out he's probably already under investigation, can't hurt though.
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Jun 2, 2011 10:58
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E: Resolved already, no litigation required. Awesome!
Javid fucked around with this message at 15:27 on Jun 2, 2011 |
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Jun 2, 2011 15:13
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I have an academic copy of Photoshop CS3 that I bought while in university. With that, I got a number of Adobe's fonts. Now, if I want to actually make money, I know I can't use this version of Photoshop legitimately, but I'm less sure about the fonts. Can I use the fonts without having to re-buy them? So far, I've been erring on the side of caution and avoiding them, but a number of them are both good-looking and expensive.
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Jun 2, 2011 15:42
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I have what should be a fairly standard legal question. Jurisdiction: Pittsburgh, PA, USA. My girlfriend works as a nurse, paid hourly wages, at a local hospital. This past Memorial Day, she was scheduled to work, and pulled a 12-hour day-shift without issue. She is also scheduled to work tonight; however, today she fell ill and had to call off of work. The issue? Her hospital has a policy that, if you call off within a week of working a holiday, you do not get paid for any work you put in on that holiday. In other words, because she is calling off today, she will not get paid for the 12 hours she put in on Memorial Day. She basically worked those hours for free. My question is, is it legal for the hospital to retroactively withhold hourly wages for work already completed like that? I think I already know the answer (seeing as the USA's labor laws are barely better than a third world country's), but it just seems like there's something inherently wrong with this situation.
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Jun 2, 2011 18:16
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Devil Wears Wings posted:I have what should be a fairly standard legal question. Jurisdiction: Pittsburgh, PA, USA.
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Jun 2, 2011 18:28
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Devil Wears Wings posted:I have what should be a fairly standard legal question. Jurisdiction: Pittsburgh, PA, USA. Some places have holiday pay that is essentially time and a half or double time. Whether or not to give holiday pay is a company's call and thus not subject to regulation if they also have rules that cut the pay for not workihng scheduled holiday hours. Is she not getting paid the holiday bonus? If so, I think they can decline to pay her the additional holiday bonus. If she's not getting paid at all for the time she worked, then there's a problem. Not a PA lawyer.
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Jun 2, 2011 18:30
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joat mon posted:Some places have holiday pay that is essentially time and a half or double time. Whether or not to give holiday pay is a company's call and thus not subject to regulation if they also have rules that cut the pay for not workihng scheduled holiday hours. From what I understand, she's not getting paid at all. Which sucks doubly because we just moved and we really need the cash.
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Jun 2, 2011 18:44
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Devil Wears Wings posted:From what I understand, she's not getting paid at all. Which sucks doubly because we just moved and we really need the cash. The ONLY way that I could see this flying is that she is a part of some crazy union that you owe fines on certain behaviors. But even then, that's a huge stretch. Contact a local labor attorney and get a free consultation.
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Jun 2, 2011 18:53
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A Bag of Milk posted:Mornings y'alls, I hope my legal question is fairly straightforward. Washington is extremely permissive regarding the existence and creation of contracts, the proof thereof, and the modification thereof. If you agreed to pay rent and split the utilities then its a regular old contract, not even "implied." aarfo fucked around with this message at 21:10 on Jun 3, 2011 |
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Jun 3, 2011 20:36
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BobDole posted:I don't necessarily care about getting my fathers money for the part back (~$150, it sucks, but it's not a hardship), but the guy is committing mail fraud and tax evasion. He's a criminal, and he really should have to face some kind of repercussions for all of this. Should I contact the local authorities in his hometown, or is there somewhere else I should report this? I'd just like for this to be "on file" or whatever. You can file a mail fraud complaint with the Postal Inspection Service here: https://postalinspectors.uspis.gov/forms/MailFraudComplaint.aspx If they opt not to pursue the matter criminally, the USPIS will send a scary-sounding letter to the scammer suggesting they either make good on their sales promise or pay back whatever money they scammed.
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Jun 3, 2011 21:45
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