Rhode Island Business Legal Questions

Is the business a separate entity, such as a corporation or llc?  If so, you can buy the entity.  For example, if it is a corporation, you would buy its stock.  Alternatively, you (or an entity you establish) can buy its assets.  For example, let's say that abc corp. is a taxi business owning two taxis, some equipment (spare tires, fanbelts, etc.), some goodwill associated with its name (which may or may not be a trademark), and has a lease on a garage.  You can either buy the stock of abc corp,, or you can buy all or some of the cars, equipment, name, and lease.  Each of these has different tax and liability consequences to both buyer and seller, each is accomplished slightly differently, and each may be appropriate in different circumstances.  For example, if the existing business has a lot of debt, you probably don't want to buy the stock, because the corporation would continue to be in debt even thougb you now owed it; in that case you would probably want to buy the assets, but you need to know what assets have been pledged to creditors as security for debt, and also the laws on successor liability.  You should probably consult a local accountant and/or an attorney. ... Read More

It depends on whether the other company's name has achieved trademark status, which it can do even if it is not registered as a trademark (and conversely you can challenge even if it has been registered as a trademark).  This is a complicated question, but the most important factor is whether customers are likely to be confused into thinking that your company is either the same as or affiliated with the original company.  For example, you may be able to operate McDonald's auto repair shops (although you probably can't appropriate the golden arches or other McDonald's trademarks or trade dress even in that area) because it is not likely to confuse consumers into believing that your business is affilaited with the fast food restaurant chain, but you probably can't operate McDonald's luncheonettes, and you certainly can't operate McDonald's hamburger restaurants.... Read More

An attorney will need to review the precise uses being made by your former employee to determine whether these uses qualify as "fair use" under the Copyright Act. As a general matter, you have the right to demand that these uses stop. Whether it will be worth your while to litigate this issue depends on the commercial harm being caused to you. If you need assistance with this matter on a fee-paid basis, please contact our office.... Read More

There really aren't any pet-groomer-specific laws you need to think about, at least as far as most lawyers will be aware. You register your business name in the conventional manner for any fictitious name; see, http://sos.ri.gov/documents/business/forms/624.pdf Discuss insurance with your insurance broker. He will tell you what coverages are available and customary. You will want general public liability insurance and will need to have workers' comp for any of your employees. Regarding receipts and records, you should discuss that with your accountant. Have him help you set up your business books.... Read More

Yes, default is the way to go (not Summary Judgment as you previously mentioned.) You don't file an "objection" you file a motion to strike the answer on the legal grounds you stated. Find an older attorney to mentor you in Rhode Island who can refer you to the form book most commonly used in your state. In California, it is California Forms of Pleading and Practice.... Read More

With great respect, I am surprised. In your code of civil procedure there will be a provision requiring a corporation to appear through counsel (except, normally in Small Claims Court.) Your motion would be to strike the answer and enter a Default for failure to answer in a timely manner, not Summary Judgment. Then set a default prove-up date to obtain your judgment.... Read More

As a general matter, a repairman who is entrusted with a customer's property to repair it may exercise a lien on the property for his unpaid fees. This lien, sometimes referred to as a "mechanic's lien," is a possessory lien. In other words, you must have been given possession of the property for the purpose of fixing it. Such possession generally does not occur when you perform your services on the customer's premises and, as a general matter, you are not privileged to remove a customer's property without the customer's consent. Generally, computer repairs -- unless they involve the provision of replacement hardware by the repairman -- are not particularly expensive. There are a number of strategies for ensuring payment (such as taking a credit card and obtaining authorization in advance), but taking possession of the customer's computer on the spot after a payment default is probably not one of them.... Read More