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  1. Michael Wechsler

    Trademark Same name different services?

    There are a couple of trademark issues which need to be identified. First is the class of the mark, which it seems may be completely different. Having a trademark for shoes doesn't by itself prevent anyone else from registering the same mark for food products. Another issue you've identified is...
  2. Michael Wechsler

    Trademark Trademark infringement

    Did you receive an email from a company or from their attorney? Was there a registration listed in the letter, e.g. federal or state trademark? Cease and desist letters are sent often in the hope that the user will be scared enough into ceasing their activities and handing over property as if...
  3. Michael Wechsler

    Consumer Fraud Bank gives misleading information

    If you have a private banker (which many banks offer), they should have responsibility for advising clients on their accounts and you should certainly follow up with the bank since it doesn't reflect well on the bank. I think most people would believe what their private bankers tell them about...
  4. Michael Wechsler

    Landlord threatening to sue

    Just adding something that I hear often from landlord tenant disputes - an attempt to justify why the landlord should be entitled to keep a lease security deposit. Some tenants decide to use the security deposit as rent for the final month, which is typically a breach of the lease (and which is...
  5. Michael Wechsler

    Burglary, Arson, Home Invasion Stolen dog

    While having all that farmland sounds terrific (and good for you!) last I recall there isn't any legal custody standard of "best interests of the dog." The law generally treats pets as property and you may need to use the court system to establish who actually owns the dog. How is a police...
  6. Michael Wechsler

    Crazy truck driver hit me and drove away

    I believe the other driver (truck driver) jumped out of the vehicle while the poster was on the phone with 911 and told the 911 operating that the yelling was coming from the other driver. That may be audible on the 911 call recording.
  7. Michael Wechsler

    Does HOA have the legal right to place mail holds and re-key mailboxes without prior notice?

    It certainly seems like a mindless act. Keep in mind that the property owners have a mutuality of interest. Were all homeowners inconvenienced equally? It sounds as if they were. While you most certainly right to be irate, as @adjusterjack mentioned, identify what the available remedies are and...
  8. Michael Wechsler

    UBER-like payment law

    An independent contract and employee are different work relationships. See the following. An employee is more of a permanent relationship where an employer has direct control over the employee's work. A 1099-MISC is the tax form for independent contractors and W-2 for employees. Definition of...
  9. Michael Wechsler

    Surveillance camera on my easement

    You may wish to speak directly to local attorney or law enforcement to determine whether special circumstance or local law exists which would prevent such installation and use of a wireless camera in that area. Like @mightymoose I am guessing that such a restriction on one's own property of open...
  10. Michael Wechsler

    Notary Laws

    So what I'm understanding is that your boss wants something purporting to be his signature notarized and for the notary to forge his signature? A power of attorney doesn't have a right to forge the name of the person who isn't present. It merely means that individual granted such power can...
  11. Michael Wechsler

    Brother Deported back to Somalia (Heart Broken)

    I have had the pleasure of dealing with some wonderful people from the Somalia government from whom I learned about the truly deplorable conditions there. While the above answer is correct about having a proper legal consultation with an immigration lawyer, you may want to set your expectations...
  12. Michael Wechsler

    Copyright infringement - repeat offender

    There is no question about the infringement. As to altering copyright management information, this law firm states that the presence of a watermark is CMI. Looking at the second article, it would seem to support the conclusion of the lawyer which states that adding a false attribution to a photo...
  13. Michael Wechsler

    Burglary, Arson, Home Invasion Caught burglarizing vehicles in jail parking lot minutes after being released!

    I saw this. It was rather incredible that he'd be stupid enough to burglarize cars in the very near vicinity of jail. There were some extra details in the article I saw - I think he stole an iPhone 7 and a few hundred dollars from several cars.
  14. Michael Wechsler

    Comment by 'Michael Wechsler' in article 'Pro Bono: My MTA Select Bus Service Fare Evasion Case'

    The MTA will likely claim that you could have responded in mail (technically). But I have more information about the MTA failure to update signage, including on the day in question which is even years after your issue with the Select Bus Service.
  15. Michael Wechsler

    Pennsylvania Lejeune h2o

    I don't know if this will help or whether it's even relevant regarding information and settlements related to injuries and damages connected with Camp Lejeune. Camp Lejeune: Past Water Contamination - Public Health
  16. Michael Wechsler

    Drug Crimes, Substance Abuse Please, please, please don't abuse drugs, leave the "meth" be!

    It's terrible. It seems the most important step is prevention since departure is a very difficult road. There is a trail of famous people who unfortunately could not stop and made an early check out.
  17. Michael Wechsler

    Landlord is using my electric

    Just a thought and I'm not telling you what to do nor is it legal advice. Confirming that this may be an incident where there is potentially a theft of electricity is an important step to take and document. An admission is certainly good too! And if you need to find another apartment and the...
  18. Michael Wechsler

    Retired US ARMY Cavalry Mule seeking new forever home!

    When I see the word "mule" on these forums they usually take on an entirely different meaning and usually human!
  19. Michael Wechsler

    Drug Crimes, Substance Abuse Can the police obtain a subpoena or warrant based on these text messages?

    If you're trying to be noble and believe that reporting the text message to the police will assist in the capture of drug dealers, I commend you. Contact the police and they will likely tell you their thoughts about what they can and will do. As mentioned above, given how easy it is to spoof...
  20. Michael Wechsler

    Can officers cover your surveillance

    For those who don't know, Ring is a surveillance product and service. A camera may be installed at your door and you can see, from the inside, who is standing there. I don't see how there is any illegality by putting a hand over the camera. Perhaps you're hoping for a loophole objection that a...
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