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I have a question for any attorneys that typically deal with trademarks. I am a general practice attorney with a client who I am representing for some completely unrelated matters. I just got a call from her asking if I would be willing to help her file for a trademark on the name of her business. Obviously, my first response to her was that I've never done that before and that I didn't know quite what was involved in the process. I vaguely recall some of the principles of this stuff from my intellectual property class back in law school off the top of my head, but as far as practical experience actually filing any of this stuff, I've no idea how much work is involved. I told her I could whip out the ol' law diary and get her in touch with an attorney who handles these matters specifically, but she has been insistent with me that if at all possible she would like me to handle the case, as she's comfortable with me and would rather do business with someone she knows. Frankly, I'd like to do it for her - I think intellectual property stuff is pretty interesting, and things like this are what liven up an otherwise dull general practice. However, before I come anywhere close to agreeing to handle it for her, I was wondering if a trademark-oriented lawgoon could chime in as to how much work is actually involved in this process.
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Aug 9, 2012 20:55
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Maybe she wants a fictitious name rather than a trademark.
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Aug 9, 2012 21:03
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From what I've gathered from talking to her, it's less that she wants to do business as under fictitious name, but more that she's got a trendy domain name that is unrelated to her current business name and she wants to trademark that name so that it is appropriately associated with her work. ... well, I guess having just put it that way it does kind've resemble a fictitious name. Hm. No reason that can't have a trademark filed as well, right? Aside from the obvious hurdles involved in actually getting the PTO to accept the trademark filing, which was what I was initially asking about.
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Aug 9, 2012 21:30
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JamSessionEin posted:Aside from the obvious hurdles involved in actually getting the PTO to accept the trademark filing, which was what I was initially asking about. It's pretty easy to file for a trademark. The suck bits come in responding to the USPTO when they say "your proposed mark is rejected because: 1) It's a surname 2) It's misdescriptive 3) It's generic 4) It's descriptive and you have no secondary meaning 5) GE (or Ford, or Kellogg, or whathave you) got there first. See also: http://www.uspto.gov/trademarks/teas/tutorial.jsp Oh, right, how much work: a small amount in setting up the online application form, then nothing for several months, then possibly up to a few days (depending on the rejection and how much you want to fight) in responding to an office action. Put another way, there's a reason a lot of places do all their trademarks in-house.
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Aug 9, 2012 21:42
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Thanks for that. I've been reading over the process in my free time tonight, as well as the criteria the PTO uses, and I don't think it should be that bad.
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Aug 10, 2012 04:28
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This really a legal question but my fiance and I want to get a separate property agreement because I have a large amount of student loan debt. She to a free consultation with an attorney who told her since our state (Texas) is a community property state, without such an agreement, if I die in some freak accident my creditors could come after her and take her car, savings etc. He said he wants $2500 for drafting such an agreement and my question is: is there any chance I can find someone who will do it for cheaper and how would I got about doing so? Should I just call a bunch of family law practices and ask how much they charge o do this (this was my plan) or do attorneys generally not disclose this without a consultation? She said this guy was on the 23rd story of a skyscraper with his own corner office. We are willing to pay that much if but with so many lawyers chomping at the bit for work I'd figure someone else would be willing to do it for less.
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Aug 13, 2012 02:04
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I have a landlord/tenant related matter. I'm a student in NJ, with a housing arrangement with a non-profit organization (who also acts as landlord and property manager). The house in which I live is leased on a non-profit basis. For some time, I have been concerned that the rates they're charging for a tax-exempt property are far beyond what would legally constitute a true non-profit arrangement (and they almost certainly far exceed the maintenance costs of the property). I've sought advice from student legal services and am waiting for another consultation this week. To compound the difficulties of the situation, the student organization that was previously hosted in the first floor of our current residence is being forced to vacate the space by the landlord. Given that my signing of the lease was largely, if informally, contingent on my relationship with this campus organization (that is now terminated), I am looking to leave, if I can. The termination of this agreement precludes access to a living room downstairs and negatively affects my quality of life, because the space was previously shared. However, there are no stipulations in the lease that guarantee access to the space downstairs, apart from one condition precluding the use of it at certain times of day. It seems pretty clear that there's not enough of a violation on the landlord's part to claim a case for constructive eviction. I suppose the takeaway questions would be: 1. What can be done about the non-profit rent situation? Is it possible to demand an audit? 2. If they are found to be in violation of the non-profit agreement, is there any potential recourse? Can it be grounds to leave? 3. If not, is there anything that would potentially make it easier to leave?
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Aug 13, 2012 05:59
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seacat posted:This really a legal question but my fiance and I want to get a separate property agreement because I have a large amount of student loan debt. The Fomo posted:I have a landlord/tenant related matter. Maybe just talk to them about breaking early? See if they'd work with you. Legal services might be able to assist you with that negotiation. Unless it's section 8 and they're out of compliance or something, I think you're left with trying to weasel out of it. If they kicked out the student association, it's possible they want to rennovate or something and actually want you out. woozle wuzzle fucked around with this message at 06:44 on Aug 13, 2012 |
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Aug 13, 2012 06:20
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seacat posted:This really a legal question but my fiance and I want to get a separate property agreement because I have a large amount of student loan debt. She to a free consultation with an attorney who told her since our state (Texas) is a community property state, without such an agreement, if I die in some freak accident my creditors could come after her and take her car, savings etc. Hahahahahahahaha. No. Look. You're not married yet. Unless you incur more student loan debt while you are married, it's still separate property. It might be paid out of your estate but not hers. The end. They can't take her poo poo. If you get an asset or incur a debt in a community property state before you are married, then it remains separate property even if you get married afterwards. If you die, then she automatically keeps half the assets you acquired during marriage, absent any will or intestate succession provisions. Take that $2500 and buy term life insurance instead to pay it off instead. poo poo. $500 tops for this sort of poo poo. G-Mawwwwwww fucked around with this message at 07:15 on Aug 13, 2012 |
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Aug 13, 2012 07:10
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seacat posted:is there any chance I can find someone who will do it for cheaper and how would I got about doing so? Should I just call a bunch of family law practices and ask how much they charge o do this (this was my plan) or do attorneys generally not disclose this without a consultation? No one has mentioned this yet, but you are really at a loss you can always call yoru city/state bar association and ask for a referral for a lawyer for this area of practice. They will give you a name (usually they will give you one instead of a list, but if you don't like what you hear you can always call back and ask for another one). Every time I have done this it has also come with a free/very reduced consultation fee, and the people that do referrals like this are used to talking to broke people so they seem to have realistic rates.
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Aug 13, 2012 14:37
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CaptainScraps posted:Hahahahahahahaha. No. I have a question that is related to this issue. Father in law is in Texas, widowed, and may be moving in with someone soon. We have been told that Texas is a community property state, and that common law marriage starts as soon as they move in together. Does this mean that as soon as they are living together, half of his assets are hers? If she leaves after one day, does she leave with half? Obviously there is little bit of drama going on, and another case where the solution recommended is to spend a lot of money on lawyers. The whole common law thing confuses me too. I have heard of common law marriage, but not common law divorce. I always just called it moving out.
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Aug 13, 2012 14:40
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Our firm charges substantially less than $2500 for pre marital agreements. Substantially less.
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Aug 13, 2012 14:41
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Texas common law marriage requires three things: 1) the parties have to agree they're married; 2) they must hold themselves out to others as married; and 3) they must live in Texas while presenting themselves as married. Even if they do all that, if they separate, one of them would need to file an action to establish the common law marriage within two years of separating. Edit; Also, there's no such thing as "common law divorce." Once the common law marriage is officially recognized, it's treated like any other marriage.
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Aug 13, 2012 15:03
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SubjectVerbObject posted:I have a question that is related to this issue. Father in law is in Texas, widowed, and may be moving in with someone soon. We have been told that Texas is a community property state, and that common law marriage starts as soon as they move in together. Does this mean that as soon as they are living together, half of his assets are hers? If she leaves after one day, does she leave with half? Obviously there is little bit of drama going on, and another case where the solution recommended is to spend a lot of money on lawyers. I do a little probate work on the side, too. Common law marriage really only comes into play when one half of the marriage dies. Widowers have a habit of moving in with young(er) women who their family hates, and as soon as they pass away, claim to have been common-law married. However, one of the things you have to remember about community property states is inception of title. If it was separate property when they were married, it stays separate property. If you buy a house in your name and get married the next day, that's separate property.
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Aug 13, 2012 15:21
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Pennsylvania got rid of common law marriages and everyone is much happier.
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Aug 13, 2012 15:23
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This is just kind of daydreaming "what if" stuff, but I was looking at the Powerball "Winners' Stories" and one lady formed a single person LLC to claim her winnings. Is there some financial advantage to creating a LLC? If so, why don't all the winners do it? If you did win the lottery, what type of lawyers would be best to hire? I'd assume you would want a tax lawyer for sure. Any others?
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Aug 13, 2012 15:24
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ibntumart posted:Texas common law marriage requires three things: 1) the parties have to agree they're married; 2) they must hold themselves out to others as married; and 3) they must live in Texas while presenting themselves as married. I think the family is more concerned that if they live together, and something happens to him, his will will be invalidated and she will get it all because they are "married". Like I said, a lot of drama.
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Aug 13, 2012 15:27
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euphronius posted:Pennsylvania got rid of common law marriages and everyone is much happier. It's useful in Texas for people who got married across the border and live here now.
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Aug 13, 2012 15:32
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woozle wuzzle posted:None of that stuff gets you out of the lease, and doesn't give you leverage either. Thanks for the quick feedback. Assuming I were to stay, would there be anything that can be done about the dubious status of the non-profit arrangement, or does the signing of a lease preclude that kind of thing?
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Aug 13, 2012 16:07
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The Fomo posted:Thanks for the quick feedback. Assuming I were to stay, would there be anything that can be done about the dubious status of the non-profit arrangement, or does the signing of a lease preclude that kind of thing? A non-profit is allowed to build up reserve funds. Even if they don't and want to balance out each year, if they were charging more for rent or something else, they could be balancing it out somewhere else. You can complain to the government about the non-profit status they granted to them if you think they aren't a real non-profit.
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Aug 13, 2012 17:27
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CaptainScraps posted:Hahahahahahahaha. No. Generally correct, but still worth investigating the nuances in your state. The classification of the debt may change based off the use of community funds to pay off the debt, the benefit conferred to the community as a result of the debt (degree, job, better salary), and the use of any of the seperate property debt money for community necessities (e.g. food.) I bring this up because it seems odd, based on what op said, that the attorney would say that the creditors could come after her.
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Aug 13, 2012 17:53
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The Fomo posted:Thanks for the quick feedback. Assuming I were to stay, would there be anything that can be done about the dubious status of the non-profit arrangement, or does the signing of a lease preclude that kind of thing? There's nothing dubious about a tax-exempt organization renting apartments to people. Tax-exempt organizations can invest in real estate, rent it out, and pull a profit from it. What they do with the profit, of course, is limited by the rules pertaining to tax-exempt organizations. But they can charge you for rent, even if the rent seems high to you, and they aren't breaking any rules regarding tax-exempt organizations. If you think the organization is sketchy or something, you can always contact the New Jersey Attorney General's office. In most states, the AG is authorized to investigate charities. It's unlikely that anything will come of it, though.
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Aug 13, 2012 18:05
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SkunkDuster posted:This is just kind of daydreaming "what if" stuff, but I was looking at the Powerball "Winners' Stories" and one lady formed a single person LLC to claim her winnings. Is there some financial advantage to creating a LLC? If so, why don't all the winners do it? If you win a big lottery, the first thing you do is hire a team of advisors. You hire a financial advisor, a tax accountant, and a tax attorney who handles high net worth clients. Lottery winners who use LLCs to collect their winnings are forming an LLC for privacy reasons, not for tax reasons. There's no tax benefit to forming an LLC to hold your winnings, especially not a single-member LLC. But in most states, the owner of an LLC is not easily discoverable by the public, so you can create an LLC with a registered business office at your attorney's office, and you are effectively shielded from the public eye.
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Aug 13, 2012 18:09
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xxEightxx posted:Generally correct, but still worth investigating the nuances in your state. The classification of the debt may change based off the use of community funds to pay off the debt, the benefit conferred to the community as a result of the debt (degree, job, better salary), and the use of any of the seperate property debt money for community necessities (e.g. food.) I bring this up because it seems odd, based on what op said, that the attorney would say that the creditors could come after her. The only way I could see it happening is that creditors take from his half of the community estate upon death, which could include some of their community accounts. Her separate property is not included in that. Sounds like their family lawyer doesn't know probate.
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Aug 13, 2012 18:11
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I'm probating a will in Texas right now 
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Aug 13, 2012 19:15
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This is going to sound pretty bad. If I'm trying to apply for an apartment, and the landlord wants me to supply a credit score, is it illegal (as in criminal, not just contract breaking) to photoshop a credit document? Because I need an apartment, I got screwed on my credit, I have no cosigner, and literally everyone in my area is asking for a credit report now. I wouldn't even consider doing this if I wasn't worried about being homeless.
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Aug 13, 2012 22:57
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Dolphin posted:This is going to sound pretty bad.
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Aug 13, 2012 23:11
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Dolphin posted:This is going to sound pretty bad. Yes. That's fraud, and if your landlord found about it would give them grounds to immediately cancel the lease. Depending on your state, they probably have to wait a little while to kick you out, but it wouldn't be good. It could also be a crime (potentially a felony); while it is unlikely a prosecutor would follow up on a fraud like this, it's really a bad idea. Don't do it. Full stop. How do you know they won't lease the apartment to you solely because of your credit score? Lots of people have terrible credit but still have places to live. Even if they do turn you down because of your credit, you could see if you can negotiate a higher security deposit/put down an additional month's rent alongside your security deposit, something like that to convince them you're less of a risk than your credit score makes you look.
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Aug 13, 2012 23:12
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Dolphin posted:This is going to sound pretty bad. Where are you? Preview: Don't. (Try looking in the paper for private individuals renting - they're less likely to ask for credit references)
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Aug 13, 2012 23:14
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joat mon posted:Where are you? I've been doing this, everyone in my area is asking for copies of credit reports except housing in the worst (dangerous) areas in town. All of the major apartment complexes just run your credit and all the private people want a copy of a credit report. There's a maximum security deposit by law here so I can't just say that I'll pay a higher security deposit because they can't take it. Is it really fraud? I thought credit fraud was only a criminal issue if you falsify information for a loan or a credit line. Dolphin fucked around with this message at 00:28 on Aug 14, 2012 |
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Aug 14, 2012 00:24
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Dolphin posted:Michigan. Yes, it is fraud. Fraud is inducing someone to enter into a contract they otherwise wouldn't enter into, by lying to them. That's exactly what you're doing. It's not necessarily credit fraud per se (haven't bothered to look), but it is certainly common law fraud. And also statutory fraud. See, e.g. MCL 750.218 (fraud when you induce someone to lease to you. It's a misdemeanor if it's less than $1,000, and a felony otherwise. I'm not sure if that's per month, or the value of the rental unit).
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Aug 14, 2012 00:39
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I had a DWI in march due to refusing a breathalyzer for a first offense in Texas. The prosecutor plea recommendation is 180 days in jail with 6 month probation plus a 1200$ fine. Do they usually go for the maximum punishment? I am scared shitless Anyone been through a DUI/DWI?
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Aug 14, 2012 01:23
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kriminal posted:I had a DWI in march due to refusing a breathalyzer for a first offense in Texas. Just a point of clarification, do you mean you were cited for dwi or convicted?
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Aug 14, 2012 01:32
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cited, but drat do they always try to go for maximum?
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Aug 14, 2012 01:58
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Arcturas posted:Yes, it is fraud. Fraud is inducing someone to enter into a contract they otherwise wouldn't enter into, by lying to them. That's exactly what you're doing. It's not necessarily credit fraud per se (haven't bothered to look), but it is certainly common law fraud. And also statutory fraud. See, e.g. MCL 750.218 (fraud when you induce someone to lease to you. It's a misdemeanor if it's less than $1,000, and a felony otherwise. I'm not sure if that's per month, or the value of the rental unit).
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Aug 14, 2012 01:59
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Dolphin posted:Michigan. Sometimes landlords will just run credit reports so that they have an idea if you can actually pay, and so they can have an idea where you might run to if you skip out on a lease. A bad credit score in and of itself won't necessarily bar you from leasing, so you should legitimately just apply for housing anyway, especially if you have demonstrable income (i.e., a job or student loan income) and make them reject you. Around me at least, landlords usually don't make you provide a copy of your own credit report, they usually just ask for a release from you allowing them to run your credit history.
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Aug 14, 2012 02:08
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Incredulous Red posted:Sometimes landlords will just run credit reports so that they have an idea if you can actually pay, and so they can have an idea where you might run to if you skip out on a lease. A bad credit score in and of itself won't necessarily bar you from leasing, so you should legitimately just apply for housing anyway, especially if you have demonstrable income (i.e., a job or student loan income) and make them reject you. Yeah, around here they usually do the credit release and ask for a pay stub. The point is: Talk to the guy and explain your situation with having lovely credit, especially if you have steady income.
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Aug 14, 2012 02:17
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When a landlord is looking at your credit, they aren't judging you as a human. They are assessing your risk for getting sued and garnished, looking for previous rent lawsuits, etc. Some one with a giant tidal wave of medical debt but little else, for example, is still a pretty good tenant because they have a low likelihood of going under. If you can explain your situation and why it doesn't pose a risk to steady rent payments, it can smooth over your credit in many circumstances. A larger corporation may have stricter standards, whereas an individual may just be looking to make sure you don't have 3 pending judgments for failure to pay rent.
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Aug 14, 2012 02:24
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kriminal posted:I had a DWI in march due to refusing a breathalyzer for a first offense in Texas. Get a lawyer you fool. If you are facing jail you NEED a lawyer. Beg, borrow, (don't) steal, but get a lawyer. You may qualify for a public defender, get one if you can. DO NOT DO THIS WITH OUT A LAWYER. -Legal advice from a criminal defense attorney.
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Aug 14, 2012 02:32
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kriminal posted:cited, but drat do they always try to go for maximum? It is curious to me why your dwi is being prosecuted as a felony and not a misdemeanor. Either way you need an attorney you. I am not your attorney and this is not legal advice, but my thoughts are the DA is trying to take advantage of the fact you are unrepresented. A first offense dwi with no breath or blood seems more like suspended license territory than jail time. If you really can't afford an attorney ask the Court for one at your hearing. And yes, prosecutors posture all the time, how much of the offer is posture or real based on the facts of your case I can't comment on, since I am operating of bare minimum detail. Even more reason why I cannot stress enough for you to get an attorney.
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Aug 14, 2012 02:35
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