Virginia Business Legal Questions

Company names are not copyrightable. They may be subject to the laws of trademark. Resolving a possible trademark dispute depends on knowledge of facts that you do not supply, such as who is the "senior" user, whether the name is the subject of a registration, the nature of the respective parties goods and services, and, most importantly, whether an appreciable number of ordinary consumers of the "junior" user's services are likely to be confused regarding whether those services are authorized or sponsored by the "senior" user. You will need to consult with a trademark attorney to discuss a resolution of this matter.... Read More

The problem may be that the cc expects to be paid from your mom's estate and it is harassing you father to collect from your mom's estate and they think he is the administrator. You should tell them to file a claim against your mother's estate and leave your father alone.This is not intended to be legal advice. and is general in nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does represent the views or opinions of LexisNexis or its affiliated companies. ... Read More

Assuming that the benefits were completely earned and accrued to her account, she may be legally due them and can consider complaining to the state labor department. However, the facts should be investigated carefully. Many employers have lawful policies that require employees to complete certain minimum service periods before being eligible for vacation pay.... Read More

It is difficult to answer this question from the limited information provided. In addition to preparing the contract, your attorney should be expected to review the franchise agreement and take steps to assure that the franchisor consents to the sale to you, and that the franchise agreement will be, after closing, in force and default-free. Likewise, your attorney needs to review the lease and make sure that it is transferable and confirm the absence of any defaults. This process might cost several thousand dollars.... Read More

It is entirely possible to sue a dissolved company, as well as the members of the dissolved company who apparently defrauded you. However, criminals rarely have the money left to repay their victims, and you should not presume that the money is recoverable, or, even if it is, that it will be recoverable without substantial expense on your part. Although $5,500 is a substantial sum of money to you, it is not a large sum in the context of the cost of prosecuting a lawsuit to conclusion. You will wish to discuss this matter with an attorney in any event. Good luck.... Read More

The word "joint" (in the context of a joint account) means that the funds do not belong to any of the named owners -- they belong collectively to all of the named owners in no particular shares. In the event of an attachment or garnishment of the account, the funds in the account are liable for the debts of each of the owners, jointly (not "severally," which is what you misunderstand). Your only claim is against your mother.... Read More

Assuming you are referring to a Contractors license issued by the Department of Professional and Occupational Licensing in VA, to qualify for the license, the company must have a responsible member of management, meet certain financial requirements, and have an employee that has either passed a test given by DPOR on contracting, or is grandfathered, referred to as a designated employee.    If you are saying that the employee who is leaving was the one who passed the test, you would still keep your license, but you must report to the contracting board that he has left and you have a certain amount of time to designate a new person that has either passed the test, or grandfathered.  He is not entitled to any money from you just because he was your designated employee. but may have a right to monies owed under his contract, depending on your agreement with him.... Read More

In general, no one is permitted to build on your property, and you can bring a court action to stop it, though you would probably need the assistance of an attorney to draft the paperwork.  On the other hand, it sounds like there is some dispute as to who owns the property in question. You should ask your neighbor for a copy of his survey, and have your surveyor review it with you to see if the surveyors agree as to where the property line is. ... Read More

In general, health-record privacy laws (of which HIPAA is only one) do not protect you against disclosure of your records pursuant to a court order or subpoena. Once you assert a personal injury claim in litigation, you open your entire health history (since birth) to scrutiny, because the defendant is entitled to know whether your injuries are the result, even in part, of a preexisting condition. Your attorney knows this and should have advised you of this. If you didn't want your comprehensive health history examined, you should not have asserted your claim.... Read More

This is a difficult request. You will not be surprised to know that some people use fictitious names and addresses when operating their businesses from the web precisely because they do not wish to be accountable for their actions. You will probably wish to have an attorney send a "demand letter" to the operator of the web site. If that fails, you can decide if you want to sue. Feel free to contact my office if we can help.... Read More

Quite possibly. The key test for trademark infringement is whether an appreciable number of ordinary consumers would be confused into believing that your product came from the other company. Since the names sound identical and since K9 is a customary abbreviation for canine, that answer might be "yes." The answer will depend on more facts and also likely on surveys of consumers. Ultimately, you are exposed if you adopt the similar name and may be subject to suit. You could win that suit, but you could be forced to spend hundreds of thousands of dollars in legal and expert fees to defend yourself.... Read More