Comments on: Got Legal Questions? Ask Jean!

By: Kat Carrick

Kat Carrick — Mon, 03 Nov 2008 07:51:28 +0000

A year ago, a friend gifted me with two checks -each for a $1000 when I was struggling financially. At the time I told her that I was unable to take on any additional loans as I finish my Phd studies and was working as much as I could manage. I did not ask for her to financially help - she offered. Over this year - our relationship had changed substanstially and I realized I did not want to continue a friendship with her. I did not have any contact with her for the past 3 months when I realized I was carrying the bulk of the emotional connection in the relationship. Last week I received an email requesting a repayment schedule of the “loan” she gave me for $200 a month. There was no agreement to this money being a loan and nothing ever signed or verbalized that she expected repayment!

She knew at the time that it was extremely difficult for me to emotionally accept money from her (I was raised in extreme poverty). I think her main reason in hindsight is that she is angry I have chosen to end our friendship. She has now sent three emails - each increasing in threats to involved lawyers and courts demanding payment in full. What legal action can she take? How does the court view gifts of money ? I have nothing to prove it was a gift and not a loan. She is angry enough to pursue this legally and has quite a lot of money at her disposal - she is independently wealthy and I am still stuggling on a monthly student stipend. Any advice is appreciated.

By: Sun

Sun — Sun, 19 Oct 2008 19:49:56 +0000

I have a long dragged out story with a family member being insane and is threatening me with all sort of nonsense. long story short and to the main point, I designed a website for an inn, without a contract or a set price to build it OR to maintain it. this person would call me screaming like a maniac numerous times over the last year to DROP WHAT IM DOING AND FIX THIS AND THAT—leaving insane threatening voicemails —-but then doesnt pay me anything to put up with such abuse. again we had nothing in writing. now there are threats being made to my disabled mom and saying a lawyer will be involved. I deleted the files from the host and have shut down my email with the host. I am not a web designer. I just learned how to do my personal site, was doing a favor and was hoping to make a few dollars. it was nothing but agrovation and working for free. I allowed time to run out and then deleted the files. my question, I created and uploaded the files. do I own the html files and am I required to give them over? each page had my name at the bottom and I personally just didnt want to be associated with anything to do with any of it, nor do i wish to do ANY work on any of it. and I also do not think that a new web designer would want to take over a novices web design. If someone would want to take on the job- good luck.. I felt that I was already owed me money, let alone trying to be paid each time something more was being demanded. so I stopped working on it and now its being demanded I put it back up and hand over the files. I have that right to not reply. NO CONTRACT….CRAZY PERSON…… stay away. am I right? any advice.
I have not replied at all despite threats that have been made by phone calls to my friends and family- saying how terrible I am…. I want to have nothing to do with any it, and Im just wondering if there is any case against ownership. any opinions would be great.

By: darci

darci — Mon, 06 Oct 2008 03:03:46 +0000

Can a cell phone company charge for a phone that is in suspencen

By: Jenny

Jenny — Wed, 24 Sep 2008 20:10:16 +0000

Hi Jean,

I am an artist and have some designs that I would like to sell. My question is this: How do I protect myself from someone taking my design and calling their own and saying that they would not have to pay for the design.

Jenny

By: Sue Sommers

Sue Sommers — Tue, 02 Sep 2008 23:30:01 +0000

For the past six years I’ve developed the print design department of a small company. There was just me and the computer doing the creative and production work, and the boss facilitating with infrastructure and a wage. I got tired of the office politics, left that company and started my own. Many customers have come with me.

My question is, who owns the customer files? If the old company wants to sell them, is that legal, and what are they worth?

This is a small community and a lot of goodwill is at stake here. But I don’t want to sacrifice more than I have to.

Thanks for any help you can provide.

By: Johanna Lenander

Johanna Lenander — Fri, 11 Jul 2008 17:30:38 +0000

Chris,
See Jean’s recent post Trademark Fair Use http://www.notesondesign.net/resources/intellectual-property/trademark-fair-use/#more-1208 which deals with a case similar to yours. That might answer your question.

By: Demetrius

Demetrius — Mon, 23 Jun 2008 21:00:46 +0000

Here’s a tough one…Please help! sorry for so many questions! My small home based company is in the verge of being sued for patent infringing. The Patentee is a Spanish company and its NOT the inventor of the idea/apparatus. A very similar apparatus was invented (BUT NOT patented), publicized and put “on sale” in 97 by another european company. Patentee then started to sell the apparatus on 1999 through their website to Europe and USA markets. On april 2003 (4 years later) they finally filled a patent application in, Europe first, for the product. A little LESS than 1 year after they filled an application here in USA for it. It was pending approval until Oct 2007!!In February 2007 I started to sell similar product on my website. Now they claim infringement. Can I claim invalidity of their foreign patent due to time span between “on sale” and “reduced to practice” and subsequently the invalidity here in USA? Also can I represent myself in court or do I have to hire a lawyer? They are litigating against my Incorporated company. Not myself. And if I can’t afford a lawyer…are there public (for free) ones? Does the Patentee have a weak case?

By: Chris

Chris — Mon, 23 Jun 2008 16:51:31 +0000

Hello Jean,

I have created some 3D digital for commercial sale. The work shows the guitars and amps a famous musicial group used during a typical recording session. You can clearly see the manufactures logos on the guitar and amplifiers and the scene is in the studio they recorded all their work. The logos are from several different recognized name brands.

I want to make sure Im not violtaing any copyright or trademark laws. Will I have an issue with the guitar and amplifier makers and the perhaps even the venue that is being depicted.

What are my rights/limitations for this kind of work. Thank you.

By: Raymond

Raymond — Tue, 10 Jun 2008 04:33:50 +0000

Hi Jean, I’m a graphic designer who has recently done some campaign work for a local (county) race. The initials of the client are M.M. and this person desperately wanted to include some M&M candy type reference in the campaign materials. The final design includes a quarter-circle with a slab-serif lowercase m (not the actual M&M typeface, but similar), stuck up in the corner. It’s not the main image, but it is there. Is this ok under trademark law? I *think* so since it’s not really a commercial use, but can’t find a definitive answer anywhere. Thanks!

By: Katie

Katie — Wed, 28 May 2008 01:41:09 +0000

I recently sold a package of CPA review materials to a private party. The package was from the year 2005 and I sold it for $500. It has been two weeks since the sale and now the private party is asking to return the package and that I refund his $500. He is threatening to take me to small claims court and file an ‘injunction’ if I do not refund the money. He is claiming that the package is “not what he was looking for”. Personally, I believe he may have just read/copied the pages that he needed, and now he wants his money back to get out of the deal. What recourse do I have if he files in small claims court? Thank you! -Katie