Maine Business Legal Questions

A trademark is something that you have, not something that you apply for. You can apply to register a tradmeark that you already have. Trademarks, in general, are acquired through use. That is, in the most common circumstance, you will apply to register the mark that you are already using. A U.S. federal trademark registration may be obtained based on use "in commerce." Commerce includes, for purposes of the Trademark Act, international commerce.... Read More

The standard is "liklihood of confusion" in the relevant marketplace. Multiple registrations as you mention are probably not required and would be very expensive. Beyond that, your analysis would be very fact specific and you would need to consult an attorney. Answering your last question, if you own the trademark, you can force owning the domain names, whether dot net or dot com. However, since trademark ownership requires use in commerce (except an intent to use mark) then your domain name question about non-use of the mark in commerce makes no sense, and developing a web site for a product in sale is so simple as not to be avoided.... Read More

The U.S. Commodity Futures Trading Commission recently determined that these services may not lawfully be offered to U.S. citizens residing in the U.S. It's perfectly legal under the laws of Cyprus, apparently, but you don't live there. No U.S. agency will protect you or police these markets.... Read More

Your inquiry doesn't provide many specifics about the nature of your organization and the kinds of services it performs. As a general matter, businesses of any kind may refuse services to anyone, as long as they do not discriminate on a prohibited basis (race, religion, etc.). That result is not changed merely because your organization enjoys certain tax benefits. ... Read More

You are confusing expense-reimbursement policies with tax issues. If your employees are required to account to you for their business expenses, then they do not report the amounts you pay them as reimbursement as taxable income; you tax the deduction for these payments not as wages but as travel expenses. You can pay them whatever you choose to pay and they will accept. If you pay more than the IRS rate, to which you refer, the excess will be taxable to them.... Read More

The landlord has a duty to make your premises "habitable," and, depending on where you live, to provide a minimum temperature during the heating season. However, the landlord does not have a duty to allow you to adjust the temperature. If your home is below a normal room temperature of 68 degrees, you may wish to consult an attorney.... Read More

You have potential claims for "cybersquatting" and infringement of your common-law trademark. You need to consult with an attorney who practices in this area to determine what the best way is to proceed. The particular method of obtaining redress may depend on what steps, if any, you have taken to protect your company name as a trademark. Our office practices in this area, and we'd be happy to discuss the situation with you and the range of possible actions to obtain redress. ... Read More