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The dick pill bird seems to be independently created, so there doesn’t seem to be a copyright case. As for trademark, Bird With Big Dick doesn’t seem to be using the image in connection with commerce of any kind, let alone the specific goods and services classes around dick pills, so no issue there either.
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Jan 21, 2024 20:28
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Muir posted:The dick pill bird seems to be independently created, so there doesn’t seem to be a copyright case. As for trademark, Bird With Big Dick doesn’t seem to be using the image in connection with commerce of any kind, let alone the specific goods and services classes around dick pills, so no issue there either. Even if the dick pill guys had seen his username and decided “ooh that’s a great image for our boner pills!” it would still not be a copyright issue. At most, BWBD could conceivably try to claim the phrase BWBD (though short phrases are not typically copyrightable so that’s an unlikely claim to start with); he doesn’t get to own the idea of birds with giant schlongs, only his particular expression of that idea.
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Jan 21, 2024 22:34
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Phil Moscowitz posted:You have experience in this sort of thing but you are giving irresponsible advice and shouldn’t do this. Just as an example, it’s not true that “Statute of limitations is almost always 2 years.” It’s 2+ years in the vast majority of states. If I’d said it was always 2+ years I’d be wrong but i didn’t, and if this guy waited more than a full year before checking his state for himself or contacting a lawyer, I wouldn’t feel real bad about it because it would make that dude a complete moron which isn’t really my fault. But in case a complete moron happens to read it I will edit it to say usually 2+ years. bird with big dick fucked around with this message at 19:57 on Jan 22, 2024 |
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Jan 22, 2024 19:39
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Kalman posted:The linked page explains it: “Adult survivors of childhood sexual abuse have until age 55 or seven years from the time that they became aware that their trauma is linked with financial harm (a process called “discovery”)” why is this sexual assault showing up on my credit report
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Jan 22, 2024 23:09
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EwokEntourage posted:why is this sexual assault showing up on my credit report Sucks, but it goes away after 7 years iirc.
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Jan 23, 2024 18:41
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or after you file for a moral bankruptcy
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Jan 23, 2024 19:45
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Leperflesh posted:or after you file for a moral bankruptcy
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Jan 25, 2024 21:07
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I did a reverse image search on my local public school's mascot logo and found that pretty much every other school in the country with that mascot uses the exact same logo. I'm assuming it is some piece of clipart from decades ago. Lets say I live in Goonville and the logo is a hornet. If I were to start selling vinyl decals and T-shirts that said Goonville Hornets with the clipart logo on it, is there anything they can do about it?
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Jan 26, 2024 01:05
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Skunkduster posted:I did a reverse image search on my local public school's mascot logo and found that pretty much every other school in the country with that mascot uses the exact same logo. I'm assuming it is some piece of clipart from decades ago. Lets say I live in Goonville and the logo is a hornet. If I were to start selling vinyl decals and T-shirts that said Goonville Hornets with the clipart logo on it, is there anything they can do about it? Yes. As a matter of trademark, the mark itself doesn't have to be unique in the world to be used as a trademark associated with a particular category of goods and services. See Delta Faucet, Delta Air Lines, Delta Pens, Delta Electronics. You could start Delta T-Shirts and be fine, but you can't start an airline called Delta just because Delta is also used for all those other things. In your particular example, especially in conjunction with the word Goonville, the hornet logo could be a trademark in the categories of decals and t-shirts and the like. Trademarks can also be geographically bound. Also, you don't have to register a trademark to have trademark rights (though it helps), you can have common law trademark rights.
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Jan 26, 2024 01:22
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Muir posted:Yes. As a matter of trademark, the mark itself doesn't have to be unique in the world to be used as a trademark associated with a particular category of goods and services. See Delta Faucet, Delta Air Lines, Delta Pens, Delta Electronics. You could start Delta T-Shirts and be fine, but you can't start an airline called Delta just because Delta is also used for all those other things. In your particular example, especially in conjunction with the word Goonville, the hornet logo could be a trademark in the categories of decals and t-shirts and the like. Trademarks can also be geographically bound. Okay, so if that is that case, I guess if I wanted to move forward with this, I should probably contact the school and get written permission to use the generic logo in conjunction with the name of the town and the word "hornets". Can a public school system grant exclusive rights for one company to market their materials, or is it like most government entities where they have to allow bids from multiple companies?
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Jan 26, 2024 01:35
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What's the next step if a company violates a settlement agreement that was reached via the state attorney general mediating the dispute?
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Jan 26, 2024 01:57
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Skunkduster posted:I did a reverse image search on my local public school's mascot logo and found that pretty much every other school in the country with that mascot uses the exact same logo. I'm assuming it is some piece of clipart from decades ago. Lets say I live in Goonville and the logo is a hornet. If I were to start selling vinyl decals and T-shirts that said Goonville Hornets with the clipart logo on it, is there anything they can do about it? You might consider the possibility that a uniform company owns the actual trademark. It could be that multiple schools licensed the trademark from the same uniform company as opposed to custom uniform logos. I'm pretty sure that's how the uniforms worked for my pop warner team and the license let us use it on programs and banners and stuff.
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Jan 26, 2024 02:48
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Leviathan Song posted:You might consider the possibility that a uniform company owns the actual trademark. It could be that multiple schools licensed the trademark from the same uniform company as opposed to custom uniform logos. I'm pretty sure that's how the uniforms worked for my pop warner team and the license let us use it on programs and banners and stuff. That's a possibility that I hadn't considered. Thanks!
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Jan 26, 2024 04:02
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Skunkduster posted:That's a possibility that I hadn't considered. Thanks! Hire a trademark lawyer to search out if there is a mark and who owns it, if you’re serious about this.
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Jan 26, 2024 04:34
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Azuth0667 posted:What's the next step if a company violates a settlement agreement that was reached via the state attorney general mediating the dispute? Contact the state attorney general's office? NAL but feels like a reasonable first step if the AG had an interest in the situation.
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Jan 26, 2024 05:11
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Azuth0667 posted:What's the next step if a company violates a settlement agreement that was reached via the state attorney general mediating the dispute? If you were a party to the mediation, and were represented, contact that lawyer. Also if you were a party and did not have a lawyer, go find a lawyer. If you were not a party and want to enforce the mediated settlement somehow, contact a lawyer in whatever area of law you're talking about. I know that's not super helpful but that's about all you're going to get in this thread. We can't give you granular advice. There are so many different things that you could be talking about with way, way too many factors for us to give you anything like a specific answer. Bring your documents to a lawyer and pay them to answer your questions.
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Jan 26, 2024 06:29
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Azuth0667 posted:What's the next step if a company violates a settlement agreement that was reached via the state attorney general mediating the dispute? Settlement is agreement as a contract like any other. It's also not entirely certain that they agree with you on what you consider to be a breach. For any breach of contract case where the amount in current controversy is sufficient to warrant it, my recommendation is always to meet with a lawyer. If you have a viable cause of action, there is typically a pre-suit demand requirement, there may be an attorney's fees. Recovery provision is result of the breach, and it may not be obvious on its face when, where and how to file suit about it and so a lawyer's guidance is strongly recommended.
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Jan 26, 2024 14:07
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After my last comment i was able to secure a home! It's great. Having said that, there's a provision in our lease we haven't quite gotten around to fulfilling yet, and i don't *suspect* it's enforceable or likely to be a big deal, I wanted to check. "To insure there are no furniture indentations left in the floor coverings after vacating, Resident is required to place felt pads under furniture that is placed on hardwood and/or vinyl floors. Place plastic or similar casters under furniture placed on carpeted floors." For one, having everything in the house roll around seems like a pain in the rear end. for two, for things like couches, i'm not even sure it's plausible to do this. for three, if something wasn't moved, it would still certainly leave an indentation in the carpet. I'm guessing at worst this might make us lose our security deposit? But I wanted to check .
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Jan 26, 2024 21:03
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Nea posted:After my last comment i was able to secure a home! It's great. https://a.co/d/96UwQkF I'm sure they mean something like that. Seems over the top to me, but could just be a huge pet peeve of the landlord. Also it is possible if damage (from another source I doubt indents in the floor would be enough) is great enough they can seek more than the security deposit.
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Jan 26, 2024 22:02
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That makes a little more sense, but getting enough of those for all our furniture would be like, 200+ bucks and i don't have 200+ bucks right now to throw at it. Do people think it's like, an actual meaningful risk legally? I do have renter's insurance, which i believe would cover some of the damages if they did get ornery about it?
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Jan 26, 2024 22:13
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q_k posted:https://a.co/d/96UwQkF
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Jan 26, 2024 22:18
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I think this is probably just a use your best judgment situation. Like I've got an antique bed that is on little tiny rear end wheels that would absolutely leave permanent dents in carpet, supporting hundreds of pounds with like 4 square inches of wheel surface, so putting some rubber pads under it is probably a good idea. But I'm not gonna put felt pads under the TV stand that's on hard wood, because it just sits there, it ain't going to scratch anything.
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Jan 26, 2024 22:18
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Do you have like $40? that'll get you a hundred https://www.amazon.com/Furniture-Sliders-Hardwood-Quickly-Protect/dp/B099KP6798/ that's for stuff on the carpets. To protect the hard floors, the felt things are super cheap https://www.amazon.com/X-PROTECTOR-Premium-Furniture-QUANTITY-SIZES/dp/B076PMT91Z/ that's more than you'll ever need, for $18.
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Jan 26, 2024 22:21
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Nea posted:That makes a little more sense, but getting enough of those for all our furniture would be like, 200+ bucks and i don't have 200+ bucks right now to throw at it. Do people think it's like, an actual meaningful risk legally? I do have renter's insurance, which i believe would cover some of the damages if they did get ornery about it? Just go to Joann Fabrics and get a sheet of felt, cut as needed. https://www.joann.com/craft-felt-fabric-72-solids/868448.html Take a photo and then in future you can truthfully say: "I complied with the requirement to use felt pads under my furniture."
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Jan 26, 2024 22:24
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Legal questions thread: now with bonus interior design tips!
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Jan 26, 2024 22:51
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BigHead posted:If you were a party to the mediation, and were represented, contact that lawyer. Also if you were a party and did not have a lawyer, go find a lawyer. I appreciate the answer anyway  . In-house counsel is on it but I won't get to ask them for at least a month so I figured I'd try here.blarzgh posted:Settlement is agreement as a contract like any other. Basically the contract was to deliver good Y by date X in condition Z and they failed to do that. Instead they delayed far beyond the agreed date then gave us the items but they were clearly used. Our purchasing/finance people couldn't resolve it themselves and handed it off to in-house counsel. The AG got involved allegedly because we're apparently partially a state entity. I have no idea how most of this works, usually I get to play fly on the wall at these meetings but that didn't happen this time.
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Jan 27, 2024 00:56
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Yeah that’s for your in-house lawyers to deal with, not the internet.
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Jan 27, 2024 01:37
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My life is so stupid. Over a dozen of my in-laws are signatories/members to an LLC formed in Wisconsin that owns some land and a few structures there. I want a lawyer who can advise us of the liabilities with this thing before we inherit an interest in it, but we're also considering buying in and need review first. My husband and I are residents of two different states and we physically live in another state due to military orders in case that affects where the lawyer practices. Is this a pretty normal thing for a real estate lawyer to handle or should we look at someone with different expertise?
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Jan 28, 2024 00:31
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If you’re in the military hit up your base jag office. There should be legal aid resources there.
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Jan 28, 2024 00:44
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BonerGhost posted:My life is so stupid. Call a real estate agent or title company near where the property is located and ask for the name of a local real estate attorney.
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Jan 28, 2024 01:04
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blarzgh posted:Call a real estate agent or title company near where the property is located and ask for the name of a local real estate attorney. That'll work, thanks!
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Jan 28, 2024 03:36
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Looks like the bankruptcy court in my case is likely to deny discharge due to excessive debtor fuckery. 
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Jan 30, 2024 16:12
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bird with big dick posted:Looks like the bankruptcy court in my case is likely to deny discharge due to excessive debtor fuckery. gently caress yeah!
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Jan 30, 2024 18:16
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Bird, I know we give you a lot of grief, but I'm really glad that the court rulings are turning in your favor.
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Jan 30, 2024 18:52
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Thanks. Waiting on the appeal is killing me. Just because of the way the trial went there's a real chance of it being granted. My lawyer who is very much a pessimist "would rather be us than them" which means it isn't 51/49 it's more like 75/25 or 90/10 but there's still a very real chance everything could go south.
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Jan 30, 2024 20:47
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Ugh the thought of the appeal getting granted in any way just makes me sick to my stomach. This guy (and his wife) are such lying pieces of poo poo. Just imagine the worst Trump loving fygm tax cheating small business welfare exploiting piece of poo poo you can think of and they’re probably worse.
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Jan 30, 2024 22:45
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Waiting on an appeal is miserable, and you're probably looking at another 6 to 18 months before you get a ruling from the appellate court. Hopefully your attorney can force them to put up a significant bond pending appeal, to at least guarantee you're going to be paid at the end of it.
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Jan 31, 2024 00:12
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bird with big dick posted:Ugh the thought of the appeal getting granted in any way just makes me sick to my stomach. This guy (and his wife) are such lying pieces of poo poo. Just imagine the worst Trump loving fygm tax cheating small business welfare exploiting piece of poo poo you can think of and they’re probably worse. Ask Evilweasel but to my reckoning the notion of the BK court being overturned on appeal for the denial of a discharge seems INCREDIBLY unlikely.
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Jan 31, 2024 01:33
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I think he's worried about an appeal of the civil award, not the bankruptcy discharge.
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Jan 31, 2024 01:48
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Yeah it's the civil trial, not the BK, that I'm worried about. I don't even think the discharge will make that much of a difference in the end but it'll piss the guy off and he deserves it. From googling I was hoping I was looking at ~6 months but if it might be 12-18 jfc that's terrible. 18 months would put it fully 5 years after the crash. At about 3 months (after the trial) right now.
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Jan 31, 2024 03:26
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