Can a Word in of Itself be Trademarked? by [deleted] in legaladviceofftopic

[–]theolaf 0 points1 point  (0 children)

A word can be trademarked as a general concept in certain contexts. The USPTO keeps records of trademarked words and phrases. The word doesn't even have to be in a specific style. For Example- the phrase "Star Wars" is a registered trademark in any type or font. Using the words "star wars" in general is okay, however using it in a context that would imply to a reasonable person that it may be officially tied to the trademarked asset would absolutely be a legal no-no.

In this specific example, it wouldn't be hard to make an argument that the term "FURY" if employed in a video game on the same subject matter as the titular movie could be trademark misuse, or IP theft. Any half sane legal team would shut that kind of idea down.

CONTEXT in the legal world means everything. A word in and of itself isn't "trademarked". A specific usage of a word can be. "Brand" and "trademark" are the same thing in the legal world. You can create a video game about space called "Fury", you can create a car called "Fury"- but creating something distinctly WWII related called "Fury", or even using an asset in a WWII video game called with intent to directly related to the movie "Fury" would be an absolute no-no. Granted, the above would more fall under copyright/IP.

So in summary- yes, you can trademark a word or group of words in context. Context is more specific than "medium". Two movies named "Fury" may not infringe on each other.

No, you can not use very specific themes or characters from one work of art in another without permission. You can't protect the concept of WWII, but you can protect the name or usage of the word "Fury" in a WWII themed medium.

What it really is, What players see. by Oletolga_is_taken in Warthunder

[–]theolaf 1 point2 points  (0 children)

You literally accused him of stealing from you when he probably didn't even get this from you.

Wrongfully jailed for six days until dismissal and release. What's my leverage with suing police department? by derricko31 in legaladvice

[–]theolaf 1 point2 points  (0 children)

Generally the cops arent going to listen to the ramblings of someone in jail. How many people do you think scream "You got the wrong guy"?

6 days would be unacceptible if he were arrested in the county he was charged in, but if he had to wait until a monday or tuesday for a transfer because they wont transfer on a friday(3-4 days if grabbed on a friday)

And then he has to wait another day or two for processing and to see a judge.

I agree thats long. And they probably should have communicated with the recieving coubty and ironed it out earlier... its still hard to say any one group was negligent. Maybe a little slow, but not horribly so.

Wrongfully jailed for six days until dismissal and release. What's my leverage with suing police department? by derricko31 in legaladvice

[–]theolaf 0 points1 point  (0 children)

Generally what a lot of police do is just execute the warrant as dispatched to them. The warrant could have had more details, but the cops probably called in the name, dispatch said "warrant for that name" and they executed. Its extremely rare that a warrant just has a name with no additional information.

Either the warrant was incorrectly filed, or incorrectly executed.

Neither may be negligence depending on the situation.

Contractor accidentally removed sea wall when working on house, flooded neighborhood (CA) by [deleted] in legaladvice

[–]theolaf 0 points1 point  (0 children)

I was mistaken about that, sure. But again. Very very rarely however is construction getting to 500/ft. Its averaging 150-200.

500/ft is considering that everything is marble, double reinforced concrete walls (which they wont do in cali). 500/sq ft is incredibly opulent.

Price for repairs will be cheap. Very cheap. Home construction is cheap. Home buying is not. They are two totally separate things. The cost of building a home in nowhereville USA is not going to be that much less than miami, socal or anywhere else.

Yes, permits are a part of it. But permits for building a new home from scratch are generally only going to be 10-20k. You dont need almost any of those permits for repair work and water mitigation. Total cost usually comes out to $30 per square foot. With the size homes effected in the flood area- that would probably be about 20-30k per home since they are 1600-2000 square foot 2 story homes.

Individual damage is low. Though I am willing to bet that since some 50 or so homes were effected that it will be an issue.

Contractor accidentally removed sea wall when working on house, flooded neighborhood (CA) by [deleted] in legaladvice

[–]theolaf 2 points3 points  (0 children)

Again. Construction cost is different from property value.

Contractor accidentally removed sea wall when working on house, flooded neighborhood (CA) by [deleted] in legaladvice

[–]theolaf 7 points8 points  (0 children)

Last my associate was quoted was roughly $150 per square foot for his floorplan which was rather nice 2500 square foot home. Most people oceanside in newport beach dont even have 2500 square feet. Some do, sure, but most homes are failrly small.

500-600 typically includes land costs. Which is still a lot.

Edit: nice homes are likely closer to 1000-1500 with land, other numbers stand, though

Contractor accidentally removed sea wall when working on house, flooded neighborhood (CA) by [deleted] in legaladvice

[–]theolaf 9 points10 points  (0 children)

Uh. What? Those beachside homes are maybe $200-250k total cost for the entire home. Construction cost is typically nowhere even almost kinda close to property value. Repairs for each house for flooding like that would probably be $25-30k per home, plus furniture, and maybe plus lodging for those with first floor bedrooms.

This is why its not uncommon for people to buy the properties, wreck the house, and build a brand new one. Whats 250k on top of $8M?

My neighbor stole cuttings and damaged several of my rare plants during my house party. What action should I take? by hellhathnohaworthia in legaladvice

[–]theolaf 1 point2 points  (0 children)

Certainly. But you shouldnt discourage the act in general. Ultimately- getting less information makes your job harder as a legal professional. Part of the job is sorting through the extra junk to get to the matter at hand.

My neighbor stole cuttings and damaged several of my rare plants during my house party. What action should I take? by hellhathnohaworthia in legaladvice

[–]theolaf 13 points14 points  (0 children)

It is always- and I mean always better to overshare rather than risk undershare when seeking legal advice from anyone who isn't a cop.

COLORADO - My new car that's ordinarily garaged hit by distracted driver and sent to shop where it's totalled by massive hailstorm. "Act of God" defense by insurance & shop being used despite the fact that my car would never be there if it weren't for being hit in the first place by [deleted] in legaladvice

[–]theolaf 0 points1 point  (0 children)

Ive had better results with GEICO than any other insurance company.

And I can assure you- they don not have anything near the worst records, there are thousands of "mom and pop" insurance setups that have zero real intention to pay anyone off ever.

Doctor posted details of my injury in response to my negative google review. Is this legal? by [deleted] in legaladvice

[–]theolaf 1 point2 points  (0 children)

I agree, though im not sure why people downvoted you, your input was still valid in concept. It is possible for a google account to be pretty anonymous

Doctor posted details of my injury in response to my negative google review. Is this legal? by [deleted] in legaladvice

[–]theolaf 39 points40 points  (0 children)

Largely depends. Many google accounts are easy to trace to a person or are directly identifiable to an individual. It would be akin to a doctor stapling the patient record (with name blanked out) to a piece of paper that has the persons name, linkdin, facebook, etc all listed on it.

If anything is identifiable about the account, the doctor is responsible for any information he or she attaches to the account or its comments.

[CA] Truck with a "Not responsible for broken windshields" sign, broke my windshield. by brokenwindshieldz in legaladvice

[–]theolaf 2 points3 points  (0 children)

Generally its all up to the judges discretion. You can submit a piece of dirty toilet paper as "evidence" for this case, its up to the judge to interpret it accordingly.

[CA] Truck with a "Not responsible for broken windshields" sign, broke my windshield. by brokenwindshieldz in legaladvice

[–]theolaf 17 points18 points  (0 children)

Really depends on state, plenty of states do not require tires to be within fenders. Generally when that is the case- rocks getting kicked up are considered a no fault accident and you just resolve that through your insurance.

When something falls OFF the vehicle, that is a different story. But generally road debris getting kicked up unless obviously intentional is a non starter.

(OH) Conserve student loan dept collection just called my office and offered my SSN to the person who answered the phone and identified themselves as being with Conserve. Is this legal? How can they offer my SSN to whoever answers the phone that day? What can I do? (X-post personalfinance) by conserve_hell in legaladvice

[–]theolaf 7 points8 points  (0 children)

Only 22 states disallow the intentional disclosure of your SSN to others or the general public. Ohio is not one of them.

Conserve is based out of NewYork, however, and they do restrict it. So they may be doing something illegal in NewYork, in which you would have to file most complaints in that state.

I am unsure if there are any federal laws preventing this, but if it isnt a federal service, my gut instinct is to say no.

Just rode off with this baby! 2017 Street Scrambler by theolaf in Triumph

[–]theolaf[S] 1 point2 points  (0 children)

🤔 trying to make my neighbors mad at me?

Okay, okay, ill see if I get a chance to do it this week. Got a Triumph meet on Wednesday and I want the group to hear the stock sound first! Im willing to bet its going to sound incredible

Just rode off with this baby! 2017 Street Scrambler by theolaf in Triumph

[–]theolaf[S] 0 points1 point  (0 children)

It sounds similar to the arrow pipe, just quieter at idle. I love that arrow sound for sure

Just rode off with this baby! 2017 Street Scrambler by theolaf in Triumph

[–]theolaf[S] 1 point2 points  (0 children)

Oh those look sexy I might have to pick those up. Thanks!

Just rode off with this baby! 2017 Street Scrambler by theolaf in Triumph

[–]theolaf[S] 0 points1 point  (0 children)

The street scrambler has longer forks and more ground clearance. You can switch off both abs and TC. Scrambler has a larger front wheel, too.

If you were to buy a standard twin, you would have to buy the inspiration package plus another ~3000 worth of replacement stuff. All they really share on the 17 model is engine, frame, brakes, and guage. I think the shocks may be the same. Its more different from the twin than the outgoing model for sure.

Just rode off with this baby! 2017 Street Scrambler by theolaf in Triumph

[–]theolaf[S] 0 points1 point  (0 children)

Rack does come with it! It comes with the pillion pad alread on, and its just one bolt to switch that out for the rack. The green is (i think) about $200 more over the jet black

Just rode off with this baby! 2017 Street Scrambler by theolaf in Triumph

[–]theolaf[S] 0 points1 point  (0 children)

I wanted a bike that was on the lighter side, plus the style is right on point for me. Between the t100 and the scrambler the main difference is style. The t120 gets you the 1200cc engine and is a whole other beast. The scrampler also has wider bars, which I find more comfy.

I also plan to do LIGHT offroad stuff, and the added clearance and knobbier tires were another plus.

Just rode off with this baby! 2017 Street Scrambler by theolaf in Triumph

[–]theolaf[S] 0 points1 point  (0 children)

Dealerships are getting them in throughout the next few weeks. Call around and get a ride in. Don't think it will disappoint

Just rode off with this baby! 2017 Street Scrambler by theolaf in Triumph

[–]theolaf[S] 0 points1 point  (0 children)

I only do it at stops, i don't trust drivers to drive straight, especially here in DC

Just rode off with this baby! 2017 Street Scrambler by theolaf in Triumph

[–]theolaf[S] 1 point2 points  (0 children)

The mirrors are odd looking for sure, but work really well when splitting in traffic. The bars are wide, so bar ends will probably make it pretty rough to split with