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I am interested in acquiring ownership of a defunct company that ceased operations in 1968, along with its key original filed trademarks. Some of these trademarks are still actively used by an owner within the same industry, while others are expired or have limited use. I want to continue the... View More 
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answered on May 13, 2025
Trademark rights in the United States are primarily governed by federal law and adjudicated through the U.S. Patent and Trademark Office (USPTO) and the federal court system, rather than through state registration systems. While some states, including Illinois, do maintain their own trademark... View More
I want to obtain the rights to show Shaw Bros old-school Kung Fu movies in a movie theater as part of a recurring event. I haven't contacted any distributors or rights holders yet. How should I start the process of getting the necessary licensing and permissions to legally show these films?
I live in a quad coach home in Illinois and have experienced severe roof leakage and drywall damage for over three years, despite the roof being replaced six years ago. With worsening damage each winter, we contacted our HOA multiple times. Initially, they found nothing wrong but cleared partially... View More
answered on Apr 30, 2025
How is the HOA liable? The HOA didn't do anything. On your facts, "roofers discovered an unconnected HVAC exhaust pipe releasing hot air into our attic, causing condensation and extensive mold growth." According to you, the individual or company responsible for disconnecting the... View More
Under Illinois statute 205 ILCS 620/3-3, is it legal for a trustee of a land trust to sell their position as a trustee to another fiduciary without notifying or obtaining permission from the beneficiaries of the trust, even if both trustees are licensed by Illinois? In my case, there are no... View More
I am currently operating as a sole proprietor and considering hiring independent contractors for long-term online services. I have not hired employees or contractors before. Do I need an EIN number to proceed with hiring these contractors, and are there specific steps I should take given I... View More
I'm seeking legal guidance regarding an ongoing issue with accessing my 401(k) account through Fidelity, involving my two employers. I work PRN for Enhance Therapies, which created a 401(k) account for me. My main employer also has a 401(k) through Fidelity that is fully accessible. The issue... View More
I am currently bound by a two-year non-compete agreement from my previous employer. I've taken a job with a company that is 20% owned by my former employer, but the non-compete does not mention working for companies partly owned by them. Is this allowable, and could it cause any legal issues?
I hired a contractor in December 2024 who provided a purported license and insurance, but I cannot verify him as a registered contractor. He did roofing and plumbing that was not up to code, and I've already filed against him with professional regulation. He claimed to repair severe termite... View More
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answered on Apr 14, 2025
It sounds like you’ve encountered a serious situation, and it’s understandable that you want to hold the contractor accountable. The first thing you should do is check if the contractor violated any local or state laws regarding licensing. Even if he is not a registered contractor, he could... View More
I am on a joint mortgage loan with a co-borrower who has filed for bankruptcy and is currently unemployed. The co-borrower filed a forbearance without my knowledge, but continued to be late on payments afterward. I would like to know if I can remove the co-borrower from the mortgage loan due to... View More
answered on Apr 12, 2025
Even if the underlying indebtedness of your co-borrower is somehow discharged, you as a co-borrower cannot compel the removal of that co-signor absent an agreement with the creditor to do so. And in my experience, it would take a substantial payment to the creditor to get that done.
Be... View More
I have a manager-managed LLC, Hunter LLC, created for producing an indie film, and I am a member. The LLC is managed by another LLC, Skyfire Productions LLC, of which I am the only member. I usually file taxes by March 15th, but last year, I mistakenly didn't hit "submit" on the tax... View More
I need to understand the requirements for an attestation related to the destruction of confidential information as part of a business agreement. What legal standards or guidelines should be followed in this process?
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answered on Apr 11, 2025
In Illinois, when confidential information is destroyed as part of a business agreement, specific legal standards must be followed to ensure compliance. The Illinois Personal Information Protection Act (815 ILCS 530/40) mandates that materials containing personal information be disposed of in a... View More
I have a car loan where both the loan and the title are in my cosigner's and my name. Despite making all payments on time, my cosigner and I have had disputes, and I'm concerned these might escalate. Can my cosigner legally take the car from me?
answered on Apr 16, 2025
Read the contract closely, particularly sections about damages and remedies - and seriously consider a consult with an Illinois attorney with experience in auto financing agreements, particularly if the agreement stipulates that disputes shall be governed by Illinois law or in Illinois courts. Good... View More
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answered on Apr 13, 2025
If you hire subcontractors to do work, you might still be held responsible if something goes wrong. It depends on the specific situation and your role in overseeing the work. Even though subcontractors are independent, you could be liable if their actions cause harm, damage, or violate any... View More
For a web app in development showcasing reading circles for preschoolers and parents, where parents pay to join a live 30-minute storytime with up to eight participants, would permission be needed from publishers to have their books read if the sessions are recorded and stored for later access? The... View More
answered on Mar 24, 2025
Yes, you would need to obtain a license from the publisher in order to legally do this.
As a furniture retailer, I've been purchasing $300,000 to $400,000 worth of products from a brand-name manufacturer, which we resell both in our showroom and online. Recently, the manufacturer accused us of violating their minimum pricing rules and suspended our account. They demanded that we... View More
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answered on Apr 11, 2025
That’s an incredibly difficult position to be in, especially after building a strong purchasing relationship and investing heavily in their products. If the manufacturer has suspended your account and is blocking you from selling or fulfilling confirmed orders, you may have grounds to challenge... View More
I am dealing with a situation involving a limited partnership contract that includes an article specifying how a partner's interest is transferred to heirs. However, there is a conflicting will that contradicts these terms. I need to understand which Illinois laws govern limited partnership... View More
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answered on Apr 12, 2025
Illinois Limited Partnership Interest Analysis
Under Illinois law, limited partnership interests are primarily governed by the Illinois Uniform Limited Partnership Act (805 ILCS 215/), which explicitly grants significant authority to the terms of the partnership agreement itself. When... View More
I have a question regarding a conflict between testamentary dispositions and partnership rules. An Italian citizen, who was a resident and deceased in Italy, left a will with provisions contradicting a partnership agreement made years ago in the USA (specifically Illinois). The partnership... View More
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answered on Mar 17, 2025
You are going to need an IL attorney in addition to the Italian probate attorney. But whatever the decedent actually owned in the partnership will then go through his Estate, regardless what the will claims it is. Decedent does not get to change his partnership contract through a testamentary... View More
In a business partnership contract, there's a clause stating that "mediation and arbitration may only occur if both members are paid in full from out of pocket expenses." I would like a clearer explanation of what this means in the context of resolving disputes. Specifically, I want... View More
answered on Mar 18, 2025
An Illinois attorney could advise best, but your question remains open for a week. I don't blame you for seeking clarity here. The provision does not appear to be drafted in a clear and unambiguous manner. It is open to interpretation in the manner you describe. That's probably why your... View More
I am currently separated from my wife, and we live in different towns. We have separate bank accounts and assets. We do have a joint debt of $5,000 for Florida, which is only in my name, and I have been solely paying it. We haven't discussed any formal division of assets, but she has... View More
answered on Mar 11, 2025
All property acquired during the marriage is
Marital property. Wait until you get divorced to buy the car.
As a landlord with a commercial tenant who serves alcohol, I am concerned about potential liability. The lease agreement does not contain specific clauses related to liability for selling alcohol, there haven't been any incidents involving harm caused by an intoxicated patron, and I am not... View More
answered on Mar 4, 2025
The short answer is yes. Look at the Illinois Dram Shop Act for more details, but a landlord of an establishment that serves alcohol may be jointly and severally liable for losses arising from the serving of alcohol.
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