South Carolina Recent Legal Answers from Lawyers

This sounds like more of a trademark than a copyright question, as it seems that you are concerned about your company name and/or logo (brand) infringing another company's intellectual property rights.   Where trademark infringement is concerned, the issue is whether your mark is or would be "confusingly similar" to the mark of the existing company.  Since a trademark identifies the source of goods or services, might people who saw your trademark be confused and think the goods or services you offer are coming from the other company?  If you do offer goods or services that are similar to those offered by the other company, and your mark is likely to cause confusion about the source of those goods or services, you could have a problem.   You say that the name you plan to use is one word, while the other company's name is two words.  That could be adequately distinguishing under some circumstances, but it would require comparing the two to try to make any sort of prediction.  There are ways to lessen the similarities between trademarks; it would be necessary to see what you're working with.  It's a relatively subjective issue as to when the line is crossed such that there is a likelihood of confusion, but that is the line. Another potential issue could be trademark dilution, if your mark were to lessen the uniqueness of a famous mark, but the existing mark must be shown to be in fact famous.  I don't know enough about your company to know whether its mark would meet the rather high bar of being considered "famous."... Read Answer

Hey Rosa, when a child is in danger of physical, emotional or mental health and wellbeing, you as a concerned citizen. or aunt do have a right to request the court for the custody of the child or children. You will need to present proof as to what the kids are in danger of such as the concerns you stated and how you can offer them a better advantage compared to the other party. Budget wise to keep in mind is a child custody lawyer charges anywhere from $3,500 to $5,500 However, if you can not afford an attorney you can reach out to the family court clerks office for more information and to see if the court can appoint you a free attorney such as a pro bono. If that is also not an option you can feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read Answer

Assuming that this statement is false, and your former employer knew or should have known that it was false when he made it, yes.  The type of defamation you are talking about impugns your reputation in your employment and therefore in most states (I don't know about South Carolina) would be actionable as slander per se even absent any damages.  Even if South Carolina requires you to prove damages on such a claim, you would still have a suit to enjoin your former boss from making the statement in the future, and may be able to get the court to order that he admit that the statement was false to the people he said it to.... Read Answer

Certainly one can have both a copyright and a trademark registration for the same design.  However, as a trademark is a brand or identifier of the source of particular goods or services offered in commerce, one would need to be either offering goods or services under that trademark, or have the intent to do so shortly, in order for it to be federally registered.  Having a trademark search conducted prior to filing a registration application is advisable, to ensure that it is not already in use as a trademark somewhere.  (The search would also be useful to see if anyone is infringing upon the copyright.)... Read Answer

Davis, divorce by publication is a lengthy and complex process that requires due diligence search for your spouse. Please contact a attorney directly. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read Answer

Do you have a custody order in place if not you need to contact an attorney right away and get the court involved right away? The longer you take the less likely you will have the opportunity to win. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read Answer

I as a parent would not feel comfortable having my child without supervision with a person that has a criminal history. You as a grandparent can petition the court for visitation and or custody to ensure the well being of the child. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read Answer

Tawana, you can certainly petition the court for visitation. The sooner you do it the better. You do not need to have an attorney if you are comfortable in representing yourself. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read Answer

It all depends on who is representing who and can demonstrate the best interest of the child. Custody Cases are not cheap and if you get the right lawyer the first time, you shouldn't be needing to going back and forth in court. The paternity father will be able to establish paternity and get joint legal custody with visitation. And or if he is really competent and or has a good lawyer, the judge will grant him 50/50 deal. Where you and him both will share custody of the child and parenting time. If you want to limit his chances or the time he spends with the child, you should hire a competent and aggressive family law attorney that will fight tooth and nail for you in court. We travel all the time for family law cases, normally complex cases. What part of SC are you from, and I hope everything works out in your favor. We can certainly assist you if you like. Feel free to give us a call for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in SC.... Read Answer

You have few things going on. One thing at a time. Chil Support, you are current and not accumulating arrears. Then, you were arrested, for wrong address, this part I do not understand clear as your issues are conflicting. If the state is wrong than you can sue the state but talk to an attorney for a clear clarification and understanding. Last you have a custody dispute at hand. Please hire an attorney as your situation to be in complex stressful.  Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York City but my network of SMS ATTORNEYS does travel out of state for complex cases and at client request. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in South Carolina.... Read Answer

Hello, Thank you for asking questions. Is your ex on the child birth certificate? You will have to file for child support in the county where the children live at. You don't need to know how much he is making, of course having knowledge about it will be beneficial. Usually, when one parent requests child support, both parents have to disclose the financial data. However, if and when he discloses his financial standing and you have concerns about him hiding any form of income, you can use that against him and subpoena his employer for testifying. You should consider using a lawyer though as litigation can become very complex after the initial part of starting it. While you are doing the child support, you should also ask for custody of the children so that it becomes documented and no longer an out-of-court agreement. Lawyers are expensive but some attorneys provide ease of mind and make the litigation smooth.   Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in South Carolina.... Read Answer

Are you sure you want to get him to turn his rights over or are you seeking full custody? These are two different things, assuming you know that. If he really doesn't want anything to do with the child than I think your decision is the best option.  Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read Answer

Check with your county court family court website to see the specific prices. I would assume a local attorney would probably charging $500 Attorney fees plus additional fees. We normall charge $275 plus government and publication fees. Is there a court order in place and will the child father contest the name change or will be in agreement to change the name? If he does not agree than it will not cost the above price. You can expect about $1,500-$2,000 in expense for name change. Feel free to contact my office for a free consultation.... Read Answer

Who allowed the move? Was the move legal? Usually in custody cases, one can not leave the state or city without permission from the other parent or court. If she went without permission, we can get the court to bring her back, if she refuses they can bring the child back. I want to know if this is parental kidnapping or not? Please contact my office when you have time to go over the case details.... Read Answer

Custody cases are not cheap and very time consuming. You have taken the initiative to serve her for visitation which is a good thing. I would love to work with you guys and reuniting you with grand kids but I am all the way in New York. With my travel costs and etc it would just too expensive to retain my firm compared to a local attorney. But I guess it depends on what you want. If you think any lawyer would be able to get you visitation with the grandkids than go with the local attorney that specializes in grandparents rights. If you think it will be a tough battle than hiring the best competent and aggressive family law attorneys would be the best option. Local attorney would probably charge anywhere between $900 - $2,000. Because of our experience and success rate and traveling state to state case by case bases our starting retainer is $3,500... Read Answer

As a general rule, where a contract is requried to be in writing (depending on whether your contract could be performed within a year, i.e. when the booking was for, this was probably nor required to be in writing), that means it has to be in writing signed by the party to be charged, i.e. the party against whom the other party is seeking to enforce the contract or get damages for its breach.  In other words, even assuming this contract was required to be in writing, you signed it and are probably bound by it.  The situation could be different if the contract expressly states that it will not be valid unless signed by both parties.... Read Answer

Assuming there is no custody order in place than 90% have custody of your children. If he is also not registered on Fathers Associations/etc to defend his parental rights, then you are considered to have 100% of custody. A lawyer should be able to evaluate this for you. If he is on child support, he has the right if he wants to see the children, and you both must work together to see the best interest of the child. He can certainly foil all your travel plans if he comes to know that you are about to leave the country with his kids. Which will be like you are taking away his kids from him on purpose. This is what his lawyer will try to prove. You should have an attorney to discuss your travel plans to ensure everything goes smoothly. You can try to petition the court for custody and permission to leave the country with the kids but it will only complex things. Working with a lawyer that can understand what you want to do will help you in the long run. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

Not only is it possible, it apparently happened.  You would be well advised to retain a criminal defense attorney.  The penalties can be up to 3 years in prison and/or a fine up to $5000.00. The answer to this question neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC  ... Read Answer

One does not to be in actual possession of methamphetamine to face this charge.  A conspiracy is an aggreement to commit a crime.  If charged, you will need to retain a criinal defense attorney. The answer to this question neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer