Creating a YouTube channel in tourism for Latin Americans visiting USA. Would like to use the nickname Captain America
answered on Jan 20, 2023
You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... Read more »
Does the attribution to the original comedian overcome copyright? And, would the answer be different if the videos were free to the public versus being included in a fee based subscription?
answered on Jan 20, 2023
No, attribution is not a defense to copyright infringement. Fair use might be a defense. Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts assess whether the "fair use" defense applies based on four factors:... Read more »
answered on Jan 20, 2023
If by "holding a mortgage" you mean you are the lender on the note secured by a mortgage against property owned by the 80 year old borrower, provided your mortgage is propertly recorded there should be no additional documents required to secure your loan. Regardless of age, the... Read more »
answered on Jan 19, 2023
I'm sorry your question remains open for three weeks now. Hopefully, here is something that might be a starting point for a consult - it is the New York City Bar Legal Referral Service.
They offer the public two numbers - from their website:
Call 212-626-7373 or request a... Read more »
answered on Jan 19, 2023
You may apply immediately. Submit all the documents USCIS requested. If you have a criminal history or other negative factors that may affect your naturalization application, make sure to consult with an immigration attorney.
A marriage was entered into in Costa Rica. One spouse lives in Costa Rica and one spouse is a resident in New York.
What options are available for divorce?
answered on Jan 19, 2023
It depends on the state of residence. Each state has it's own jurisdiction requirements. You need to speak to a lawyer in the appropriate jurisdiction.
Years. need directions on what I need to do or say to the lawyer to move this case on just need help.
answered on Jan 18, 2023
Greetings:
In light of COVID-19s impact on Tenant Eviction, coupled with New York State's affinity towards Tenants, I would suggest the following:
Offer your brother money to "surrender" posession. Offer an amount **inclusive of relocation fees, storage fees, future... Read more »
Contractor sending my money back. I agreed to not sue, if I get back by a date. They are late paying. Can I forward litigating, even after settlement dollars sent late?
answered on Jan 18, 2023
That depends on the provisions of your contract covering waivers of defaults, if any. If you are paid in full under the terms of the stip, even if late, there would be nothing to sue for unless there are some additional penalties outstanding. An attorney would have to review the terms of your... Read more »
If I have uploaded a design on a file-sharing website under a Creative Commons non-commercial license, and somebody uses it uncredited for a commercial purpose. If the site refuses to take it down, what recourse do I have?
answered on Jan 17, 2023
If your copyright is unregistered, you can only file a lawsuit where you will have to prove damages such as lost profits. The better move is to register your copyright with the USPTO. Then you will have access to statutory damages (only requiring proof of infringement) of anywhere between 750 and... Read more »
We ran a trucking business. I pit the vehicles in my name and he operated them. I didnt know he acquired 3k+ in tickets and toll in NY/NJ. I've paid some of them but I'm struggling financially, while still paying the insurance debt.
answered on Jan 17, 2023
You can sue him in small claims court for indemnification. This doesn’t release you from your obligation to repay the tickets, but if your suit is successful, you can seek a court order that your partner reimburse you for these charges. Of course this depends on your ability to bring proof of the... Read more »
1. All documents were still Under Seal on January 3rd. Then The Court required me to disclose. I disclosed all documents on January 6th, 2023. ( See the attached file.)
2. The defendant made defamation statements against me when he has not seen any document on January 3rd, 2023. This is... Read more »
answered on Jan 16, 2023
Any attorney would need more information to figure out what is going on and advise you how to proceed.
I'm not comfortable using an attorney in Herkimer county especially one provided by this judge! Especially if my brothers mother in law who could have possibly plaid a hand in his decision to put me and my family on the street in the middle of winter when I was the assaulted party ?
answered on Jan 16, 2023
The appointed lawyer is an independent attorney who is on a panel with no connection to the judge. Of course, you are always free to hire your own lawyer if you have the means to do so.
I filed charges against brother for assult and few days later agg harresent. My mother tried having my spouse removed from the house and put on street and told him if he didn't leave she would call her son Mathew and have him removed forcefully. Matt came to our home and I protected my spouse... Read more »
answered on Jan 16, 2023
Based upon what you have said, the Family Court judge can appoint a lawyer for you at no charge to you in regard to the Order of Protection. Just be sure to let them know you cannot afford to hire your own attorney.
My lawyer said it would be a journey but the courts dismissed it is this the same thing
answered on Jan 16, 2023
No. An adjournment is simply postponing the court appearance until another date. A dismissal means the case is over. If you need it to continue you need to file a motion or new case. Talk to another lawyer to see what your next step should be.
I am asking on behalf of someone else. I believe this is a civil case and the defendant has only heard from a friend about the lawsuit who is also a defendant included in the case.
answered on Jan 14, 2023
Your friend should contact a patent litigation lawyer for advice. Not engaging in the lawsuit can have serious, permanent consequences as to the determination of your friend’s rights. It is possible that the process server took all required steps to serve your friend, filed affidavits of service,... Read more »
answered on Jan 13, 2023
Such commonly recognized slogans are challenging to register.
A USPTO examiner would very likely issue an office action refusal based on "failure to function as a trademark" because such common slogans are not distinctive and consumers would not clearly identify that a... Read more »
answered on Jan 13, 2023
What we can do, firstly, is evaluate whether you have a common law trademark that you are using as a brand in commercial channels, such as selling online. If so, you should explore ASAP the feasibility of a USPTO registration of your mark, as common law trademark rights are very limited and... Read more »
Federal case- violations by mortgage servicer, of RESPA, QWR, NOE and more- also, lacks standing due to missing along and assignments
answered on Jan 12, 2023
You did not ask a question that can be effectively answered on this Q&A page. The attorneys on this page who answer user questions about foreclosure will all likely practice in this area. If you are searching for an attorney, you should be able to identify one here or perhaps through a Google... Read more »
I am having a problem with my bank account due to fraud, I am wondering if management can use the security deposit I gave before I moved in for this month that I owe rent on.
answered on Jan 12, 2023
Security deposits are designed to provide the landlord with protection against the cost of damages or unpaid rent at the end of a tenancy. Therefore, landlords are not obligated to apply the security deposit towards rent while a tenant is still in occupancy.
I owed previous owners back rent which I had already made arrangements with them, do I legally have to pay the new owners the back rent I had owed to the previous owners? Or do I start with a fresh slate and only pay what is owed monthly to the new owners?
answered on Jan 12, 2023
Dear Greenwich Tenant:
Are you the only mobile home tenant?
Did the former owner inform you to pay rent to the new owner? Did the former owner confirm that the past rent owed was not assigned to the new owner to recover? Clearly, you do not pay the old owner and the new owner the... Read more »
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