Oklahoma Business Legal Questions

The company is claiming that you breached a contract by failing to pay for shipping charges.  Each jurisdiction has a statute of limitations on a breach of contract claim, but as far as I know it is more than 2 years everywhere in the US.  I don't know what jurisdiction's law applies to your situation, but he Oklahoma statute of limitations for breach of a written contract is 5 years from breach.... Read More

The form appears to provide for a signature by an entity, such as a corporation.  Thus, an authorized corporate officer would sign "ABC Corp. by John Doe" and print John Doe, Vice President of Marketing, and the date, on the next 3 lines.  If you are an individual and are not signing on behalf of something or someone else, just sign and print your name and the date.... Read More

I regularly represent authors in negotiations and litigation with publishers. You will need to rely in the first instance on the terms of the contract that you entered into with Amazon to distribute the work. That contract details Amazon's rights and, perhaps more importantly, your right to audit Amazon's books to determine the accuracy of their sales information. Read your contract.... Read More

I'm not sure who is telling you that you have committed a fraud, but that is not the case. If you have your car back and the repairs were not performed, and you have not paid any money, you are in the position in which you should be. If the repair shop doesn't like it, they can sue you. Stopping payment on a check is not the same as issuing an NSF check.... Read More

Generally speaking, the dealer must transfer title to you on your demand after you have paid for the car. Practically, the dealer is entitled to a "reasonable" time to determine that your check will not be returned unpaid and to process the papers. That might be a few days to a week, or possibly longer.... Read More

There are no "non profit law firms." If you need legal advice with the formation of a non-profit entity, check with a local bar association for the name of a firm or lawyer who will advise you on a pro bono publico basis. Most non-profits regularize their status by raising sufficient funds from donors to pay for the services of a qualified attorney and also to pay for such items as the fee charged by the IRS for determining your tax exemption. It is not reasonable or practical to think that you will be able to do these things without cash.... Read More

A stockholder has the right to obtain financial statements for the corporation at a minimum of once a year, and to receive the financial statements for the calendar year.  If the corporation keeps its books on a different year than the calendar year, then the stockholder has the right to see the financial statements for the fiscal year. In addition, a stockholder has the right to call a meeting of stockholders and the right to vote for the election of directors of the corporation. You should send a letter, certified mail, to the corporation's president, asking for a list of the stockholders and asking for a copy of the annual financial statements.  If the president does not send them to you within a reasonable time, then you should consult an attorney in Oklahoma to discuss whether to file a lawsuit to compel disclosure of these items. The laws governing corporations and stockholders are different in every state.  I am an attorney licensed to practice law in the State of Ohio, and I am not licensed to practice law in the State of Oklahoma.  My answer is not tailored to Oklahoma law.  In addition, by answering this question, I am giving general information and I am not tailoring this advice specifically to your situation.  No attorney -client relationship is established by this communication.... Read More

I understand your question to mean that you own 100% of the stock of the corporation and are an officer of the corporation but are no longer an employee of the corporation. If you want the corporation to pay your personal bills, there is nothing to stop it from doing so, since, as your are the sole stockholder, there is no one to object to the corporation's payment of your personal expenses. These payments may not be tax-deductible to the corporation to the extent that they are not for bona fide business expenses of the corporation.... Read More

As a general matter, "trademark" is a noun, not a verb. In other words, you do not "trademark" a name; you either have a trademark or you don't by virtue of having used the name in commerce. Also as a general matter, the prior ("senior") user of a mark has the right to use the mark and to exclude a newcomer ("junior" user) from use of the mark. This is the result whether or not the senior user has registered the mark. Since the two beers are similar, the senior user's mark -- if it indeed functions as a trademark -- would be infringed by your use. There are additional problems with the fact pattern you put forth. It is possible that the term "purple porter" doesn't function as a trademark at all, but is, as is said in trademark parlance, "merely descriptive" of the product. If that is so, then it cannot function as a trademark for either the senior or junior user. As an example, the term "red car" or "blue auto" could not function as a trademark as applied to automobiles. It is not clear from your inquiry whether your product is, in fact, a porter beer that is colored purple. If so, you would likely be free to call it by its generic name.... Read More

Your question does not contain the full name of your business, but I do not understand it to be confusingly similar to "The Boat Shop." Accordingly, the newcomer's name would be non-infringing. As a general matter, a purely generic name such as "the cookie bakery" or "the car repair place" is not capable of distinguishing a business, and therefore will be difficult to establish as infringing any rights. ... Read More