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Band Logo
If there is no other agreement, then the creator of the logo owns the copyright to the logo. If the band continues to use the logo, then potentially the copyright owner could sue the band for copyright infringement. Whether that would happen or not is impossible to tell, but if the logo...- divgradcurl
- Post #2
- Forum: Copyrights & Trademarks
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Horse Death on Feature Film - How do I obtain the footage?
If you have standing to sue -- like if you owned the horse, or were otherwise harmed by the horse's death -- then you could subpoena the footage as part of your lawsuit against them. Other than that, there isn't any way you can force them to give you (or anyone else) the footage. Depends...- divgradcurl
- Post #2
- Forum: Copyrights & Trademarks
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Left over debts after a death
It may be, but please start your own thread so we can answer your questions without having to figure out whom is replying to whom.- divgradcurl
- Post #12
- Forum: Wills, Trusts and Estate Planning
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What a mess over at eBay
There are no "charges" to file -- this is a civil matter, not a criminal matter, so the DA will not be interested. If you want to sue for breach of contract, you will need to hire a lawyer to sue the seller in Dallas. The amount is above the small claims limit -- civil court is "unlimited"...- divgradcurl
- Post #3
- Forum: Online Purchases and Sales
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Left over debts after a death
Seniorjudge answered your question -- the bills get paid first. If there isn't enough in the estate to pay the bills off, then the estate pays what it can, and that's it. The beneficiaries will get nothing from the estate, but they won't be liable for the outstanding debts either.- divgradcurl
- Post #8
- Forum: Wills, Trusts and Estate Planning
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So Lisa, why did you close your thread?
you're not a lawyer...no one is seeking your advice Sorry, couldn't resist...- divgradcurl
- Post #3
- Forum: Probate and Personal Representatives
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trust expired/property sold/who owes what?
With that much money on the line, go see an accountant or a tax lawyer. There's most likely going to be a pretty big tax bill either way, so you need to go see a pro to figure out how to minimize your tax burden if possible, although it may be too late. But taxes you will have, that's for sure!- divgradcurl
- Post #2
- Forum: Wills, Trusts and Estate Planning
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Is Living Trust considered an asset?
If the trust is a revocable trust, then yes. If the trust is an irrevocable trust, then probably not. But the more important thing here is that, as noted in other threads, giving away assets or "spending down" assets to qualify for aid may be fraud, and can result in penalties, fines, and even...- divgradcurl
- Post #2
- Forum: Wills, Trusts and Estate Planning
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Can Our Band Legally Be Called: The Bloody Cheerios Experience?
"Cheerio" is indeed a word that goes back a long time, especially in jolly old England. But "Cheerios," with the "s" at the end, is a federally registered trademark owned by General Mills, and GM might not want to have their brand associated with "bloody." "Cheerio" as a word could likely...- divgradcurl
- Post #17
- Forum: Copyrights & Trademarks
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Being sued for derivative works from copyright material
Copyright law isn't always about money -- they can get an injunction to get you to stop distributing or creating your programs, even if you don't make a penny off of them. Further, just because you don't have any money NOW doesn't mean that you will NEVER have money, and a judgment now can...- divgradcurl
- Post #4
- Forum: Copyrights & Trademarks
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Deed question
Well, next time, give all of the information. As seniorjudge noted above, "spending down" assets in order to qualify for aid is fraud, and can result in fines and jail -- so make sure your lawyer knows not only WHAT you want to do, but WHY you want to do it.- divgradcurl
- Post #6
- Forum: Other Real Estate Law Questions
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Deed question
Assuming nextwife is wrong here -- and she probably isn't -- any transfer of the property from her to you while she is still alive will involve a gift tax, and you will not receive a step-up in the basis. The gift tax is payable by the giver, not the receiver, and is simply deducted from her...- divgradcurl
- Post #3
- Forum: Other Real Estate Law Questions
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Merchandise Sale relating to movie
Well, you are in the clear from a copyright standpoint -- what you need to worry about is trademark. You should talk with a local attorney experienced in trademark law to determine if you are likely to run afoul of the LOTR trademarks. Or you could just wait and see if you get approached or...- divgradcurl
- Post #2
- Forum: Sports / Arts / Entertainment Law
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California Racing Vehicle: question of sale
No. Unless the car is sold as an off-highway vehicle, and never registered to drive on the street, a smog certificate must accompany the sale, and the seller is always responsible. No. The Automotive Affairs people probably stated small claims simply because most cars would cost less than...- divgradcurl
- Post #3
- Forum: Consumer Contracts, Guarantees and Warranties
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Being sued by an ex boyfiend!
Well, you probably don't have too much to worry about. If he sues, it will have to be in superior court, which means he'll most likely have to hire a lawyer -- and if he doesn't, you certainly should anyway! Based SOLELY on what you have written, there is a good chance that, even if he did...- divgradcurl
- Post #2
- Forum: Consumer Contracts, Guarantees and Warranties
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Bogus Artwork???
Sounds good. Compensation for what? If the artwork were real, how much would it have appreciated in value by now? How much are you willing to pay an expert witness to appear in court to testify as to the potential increase in value? You certainly can't be compensated for any increase in...- divgradcurl
- Post #3
- Forum: Consumer Contracts, Guarantees and Warranties
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Possible to patent an old patent?
Actually, patents expire 20 years from the "earliest effective filing date" of the underlying application. There are a bunch of exceptions to this, but this is the rule the vast majority of the time. You can't "repatent" a patent -- once a patent is expired, its expired. However, you can...- divgradcurl
- Post #2
- Forum: Patents
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Community Property or Joint Tenacy?
Joint Tenanacy, or joint tenancy with rights of survivorship, is a way of holding title to the property such that when one of the joint tenants dies, the other joint tenant(s) automatically get the deceased's share of the property, without having to deal with probate or wills or anything. Even...- divgradcurl
- Post #2
- Forum: Other Real Estate Law Questions
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Scam or the real deal?
Duplicate post.- divgradcurl
- Post #2
- Forum: Computers / Software & Internet Law
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Pictures from the internet
Who knows whether or not it's a scam. You could always ask that they prove that they own the copyrights to the works you are accused of stealing. However, if they do own the copyrights, you are hosed. A picture does not have to have a copyright notice on it to be covered by copyright -- even...- divgradcurl
- Post #2
- Forum: Copyrights & Trademarks
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