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My designs is similar to theirs in layout but the colour scheme and main image are different. The two designs do look similar but not an exact copy. What exactly is copyright and intellectual property - similar or exactly the same?
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answered on May 11, 2023
Copyright law protects original works of authorship from unauthorized copying or use. This includes original designs, illustrations, and other creative works.
Copyright law provides protection for original works of authorship that are fixed in a tangible medium of expression, such as a... View More
The owner of this trade mark writes to us and claims that he owns the name of the deity and we are obliged to delete everything or she will sue. But this is a voodoo deity, it cannot belong to anyone.
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answered on May 11, 2023
I'm going to assume you meant "trademark" instead of "patent" in your question title.
It's important to understand that trademark law only protects words or symbols that are used in commerce to identify and distinguish the source of goods or services.... View More
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answered on May 11, 2023
It depends on how you plan to use the trademarked word or phrase in the title of your book. Generally, using a trademarked word or phrase in the title of a book is acceptable if it is used in a descriptive, non-infringing way. For example, if you are writing a book about Coca-Cola, you can use the... View More
Took those costs out of security deposit
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answered on May 9, 2023
Under North Carolina law, a landlord generally may not charge a tenant for the cost of routine maintenance or repairs, such as replacing smoke detector batteries, out of the tenant's security deposit.
North Carolina's Tenant Security Deposit Act (TSDA) requires landlords to return... View More
Lets take NICE class 25 (clothing) for example:
Imagine there is a company in this class called 'Burning Tree inc.' which has a USPTO of 'Burning Tree' (word mark)
Now I have a separate company, called 'XExampleX' and I just made a T-shirt with a... View More
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answered on May 9, 2023
Using the name of a registered company as the name of a design or product can potentially infringe on the company's trademark rights. The company may argue that the use of their registered trademark in your product name creates a likelihood of confusion among consumers as to the source of the... View More
We are building a SAAS application for financial traders.
Is it convenient to have a trademark for the name of the application and the .com domain name (which is the same) so as to legally protect it ?
What jurisdiction does that apply to ?
Can it be globally ? Or does... View More
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answered on May 2, 2023
Having a trademark registration can provide some legal protection for your SAAS name and domain name globally. However, trademark rights are generally territorial, which means that they are granted and enforced on a country-by-country basis.
If you have a trademark registered in Australia,... View More
HedLabs.com can keep it and sell it to anyone!!
![Will Blackton Will Blackton](http://justatic.com/profile-images/1520632-1681243290-sl.jpeg)
answered on May 2, 2023
Whether HedLabs.com is a trademark or not depends on whether it is being used as a trademark in commerce. A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods or services of one party from those of others.
If HedLabs.com is being used as... View More
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answered on May 2, 2023
While 501(c)(3) status is a common and often preferred option for starting an animal shelter or rescue organization, there are other ways to establish a nonprofit entity in North Carolina. Here are a couple of alternative options:
(1) Fiscal Sponsorship: Another option is to seek fiscal... View More
Customers get in no hurry to pay final invoice payments. Can I add late fees to invoice and if so how much?
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answered on May 2, 2023
North Carolina courts have generally held that late fees must be reasonable and not excessive, and should generally relate to the actual damages suffered by the contractor for late payment. If you plan to add late fees to your invoices, you should make sure that the fees are clearly disclosed in... View More
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answered on Apr 15, 2023
Businesses subject to professional licensing requirements, such as electrical contractors, generally have pretty strict ownership and operational requirements.
Review NCAC Title 21 Chapter 18 and NCGS Chapter 87 to see the restrictions relating to serving as a qualified individual for a... View More
I am receiving emails once a week from a particular homeowner who misused a glitch in our HOA's online portal to download all home owner information and is now using those email addresses to run a campaign against our current HOA. He is quoting Article 55A and claiming these email addresses... View More
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answered on Oct 30, 2019
It depends, but probably doesn't matter. There is unlikely to be a legal cause of action against someone emailing everyone in a neighborhood.
Federal law prohibits accessing a computer without authorization, or in excess of authorization, but that law is probably inapplicable here.... View More
I signed the DocuSign and everything even he did now he's saying he doesn't remember
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answered on Oct 30, 2019
Electronic signatures are the same as original inked signatures under North Carolina law. So, without considering intoxication here, the contract would be valid if the only question is electronic signature compared to ink siganature.
Now, whether the contract is invalid or voidable because... View More
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answered on Oct 30, 2019
This is going to depend on the terms of the lease agreement you have with your landlord. Review your written lease and see what it says about interior inspections of the home or landlord's access. The landlord's motivation for inspecting the interior of the home may also matter: less... View More
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answered on Oct 30, 2019
There is generally a $175 court fee to file for an expunction. The fee for an attorney's assistance is going to range depending on whether you're entitled to statutory relief (will automatically happen depending on your age at the time a crime was committed and the age and nature of the... View More
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answered on Jul 23, 2019
Yes, a company can own shares in certain situations (notably, if you're filing taxes as an S-corp, only a limited number of humans can own shares). There are strict state and federal securities laws relating to selling shares in companies. Contact an attorney in your state who focuses on... View More
I am starting a new company and the co founders I talked to said they want their company to be the shareholder than individually. So can I sell shares to a company
![Will Blackton Will Blackton](http://justatic.com/profile-images/1520632-1681243290-sl.jpeg)
answered on Jul 23, 2019
Yes, a company can own shares in certain situations (notably, if you're filing taxes as an S-corp, only a limited number of humans can own shares). There are strict state and federal securities laws relating to selling shares in companies. That is to say, if you take a substantial amount of... View More
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answered on Jul 23, 2019
By contacting the attorney who drafted that financing agreement or an attorney in your state who specializes in business disputes.
I have a comic book series that I'm currently writing. I have a title in mind and did a search on existing trademarks. I found one conflict exists for a brand of beer with the same name under classification 32. Considering they're in completely different industries, what are the issues,... View More
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answered on Jul 23, 2019
If you use another company's name, brand, logo, mascot, etc. in a way that could cause consumer confusion (lead customers to think your product is affiliated with the company or officially licensed by the company with the same name) then you can be sued for trademark infringement. So, the key... View More
Quick background, I was working in a different role within this company, they then braught me on todo some development for them as a trial, i have now been working for the company for months in the same role but they havent updated my contract - so in my terms im not technically employed to do... View More
![Will Blackton Will Blackton](http://justatic.com/profile-images/1520632-1681243290-sl.jpeg)
answered on Sep 28, 2018
You need to speak with an attorney licensed in your state who deals with intellectual property issues for more insight into your specific situation, but I can describe the legal principles in play here generally:
Absent a written agreement addressing work for hire, you cannot stop your... View More
I'm rebranding my graphic design business in Raleigh, NC and I've found the perfect name. However, the name is similar to another company's name; the only difference is my new name has an additional letter in it to distinguish it from this other company. My company would be... View More
![Will Blackton Will Blackton](http://justatic.com/profile-images/1520632-1681243290-sl.jpeg)
answered on Sep 28, 2018
Your question can be answered a few ways:
Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long... View More
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