Nebraska Recent Legal Answers from Lawyers

Be distinctive! Business names should stand out from the crowd - not be similar to one already being used. In fact, if too similar, the owner of the first name can sue for "unfair competition" - since customers might confuse your company name with the first company's name - assuming some affiliation between the two entities. Pick a great business name that is yours alone.... Read Answer

This is not a patent question, but here is information from the Mass Court internet site - http://www.mass.gov/courts/selfhelp/small-claims/ : The small claims court is not a separate court, but a special session of the District Court, the Boston Municipal Court or the Housing Court. It is designed to provide a simple, informal and inexpensive option for resolving cases where the amount at issue is $7,000 or less.... Read Answer

Your only remedy while the divorce is pending would be to file a Motion with the court for temporary possession of the vehicle. If the car was yours premaritally you have a better chance of this being granted. While you are married, however, you are both still responsible for the necessities of life, including things like shelter and basic transportation. However, if you are separated and something happens due to her negligence, you will have an opportunity to argue she should be solely responsible at the final hearing.... Read Answer

Statutes of limitations depend on what the claim is, and what jurisdiciton's law applies.  For example, the statute of limitations is diffrent depending on whether you are being sued for breach of contract or fraud, and different depending on whether Nebraska law or Oklahoma law applies.... Read Answer

Unless you really change the look of the item, you?ll probably want to keep the original label. Clothing design is not copyrightable (or patentable) in most circumstances but certain looks are closely identified with certain designers which may invoke their rights to publicity and the use of their names. On the other hand, if it's just a commercially made item, you can do whatever you want to with it and rebrand it.... Read Answer

I would want to see what the shoes look like and how your customizations change the trademarks and copyrights of Converse. Feel free to contact me about a consultation. Generally, you will have the right to resell the shoe because you purchased it. However, there could be instances where you may violate the Converse trademark and/or copyrights. You also need to make sure that you don't violate any of your states laws. I would need to know how and where you are selling the products, because your presence in another state through your sales operations may make you liable.... Read Answer

It is very likely that the custom print from Converse would be intended for your personal use. You would need permission from Converse to sell their shoes - even with your custom print - since the would still be Converse branded shoes - labeled as Converse. They control the trademark CONVERSE - as well as the "trade dress" - the look of the Converse shoe. Good luck with your project!... Read Answer

I need more details before I can answer. Are you asking if the app is patented or copyrighted? Whether the developer has the legal authority to rebroadcast a TV program or a local or national TV signal? Whether a particular app is licensed by Android? Whether the material on the app violates any state or federal laws about content?... Read Answer

If you have sufficient assets to pay for your nursing home care, it won't matter what you do with the rest of your funds. However, if you're trying to whittle down your assets so you qualify for government assistance in paying for nursing home care, spending your savings on homes for your daughters will probably be considered when you apply for government assistance. There is a look back period, often of several years. There will also be tax consequences for making that size of gift to your daughters. Check with a local attorney, an accountant, and area nursing homes for specific advice on this issue.... Read Answer

Without seeing the trust document, I can't answer specific questions. However, based on your descriptions of what has and hasn't been paid for in the past, it sounds like the trust handles the large expenses such as the mortgage or major structural repairs. You, and now your son, are responsible for regular maintenance, including materials and labor. You'll have to talk to the trust's trustees to find out what specific expenses the trust will pay and what they will reimburse you for. And you will always need to provide a receipt for materials in order to get reimbursed.... Read Answer

It might be okay - but you need to review the following IP issues: Patent - is the clothing protected by an active US Design or Utility Patent ? If yes - you may need a license from the patent owner. The patent exhaustion rule says that the patent owner is fully compensated when the item is sold - and you as the new owner can resell the item in its original condition. Changing the item may be patent infringement. Trademark - the clothing likely has a trademark associated with it - and you cannot use that trademark without a license from the owner. Your best option regarding the trademark is to remove original tags from the modified clothing and not mention the original mark in your advertising. Copyright - the first sale of the item is copyright exhaustion - the owner is fully compensated when the item is sold - and you as the new owner can resell the item in its original condition. Changing the item may be copyright infringement - as only the original creator can make a derivative work.... Read Answer

Maybe - to be patentable your invention must pass three tests: (1) Is the invention new? The combination can NEVER have been made before. Do a patent search first. (2) Is the invention obvious? If one essential oil was previously combined with a carrier oil - it may be obvious to combine two or more. Is the effect additive or something surprising? Surprises are often NOT obvious. (3) Is the invention useful ? A cleaning product likely passes this test.... Read Answer

You must pay support until you get the court order modified. If your son has been living with you less than six months, you may need to modify in Nevada. If he has been with you more than six months or the original court order for support is out of South Dakota, you can work with a SD attorney to modify.... Read Answer