Copying Texans logo is copyright violation

Copying Texans logo is copyright violation

Q. With all of the excitement surrounding the Texans getting into the playoffs, I notice some people are getting a Texans logo tattoo. Does the tattoo artist need to be licensed by the Texans to do this? Can the tattoo parlor be sued?

A. As far as the law is concerned, a tattoo artist cannot copy the Texans logo without permission. The logo is protected by a copyright and cannot be copied without permission. If the Texans wanted to sue, they could. Whether they do will depend on many factors outside of the law. It may not be good for team support to start suing.

 

Q. Can my wages be garnished for child support imposed by another state?

A. Wages usually can be garnished for out-of-state support obligations. Most states have agreements with Texas making it very easy to enforce a child support obligation from another state.

 

Q. Three years ago, a credit card company filed a lawsuit against me. I answered the lawsuit. I heard nothing for almost two years until I received a notice of hearing on a motion for summary judgment. Isn’t there a four-year statute of limitations for lawsuits? Shouldn’t this case now be dismissed?

A. The statute of limitation is the legal time-period within which a lawsuit must be filed. A lawsuit filed after the statute has run can be dismissed. For credit card lawsuits, the statute of limitation is four years. In your case, however, the lawsuit was filed well within the statutory time limit. The statute of limitations applies to the date the lawsuit is filed, not when it is finally resolved.

 

Q. I owe $1,500 to a creditor. I cannot afford to pay the full amount, so I sent a check for $1,000 clearly marked “accepted as payment in full.” They cashed the check. Now they say I still owe $500. I think the matter was settled when they cashed my check. Who is right?

A. In my opinion, the credit card company is correct — you still owe $500. Paying someone with a check marked “accepted as payment in full” to settle a debt may discharge the obligation, but only in limited situations. For a payment in full check to work, the check must be offered in “good faith” and the claim must be in dispute. In other words, it must be a good faith attempt to resolve a dispute about how much money is owed. Simply offering less than an agreed amount is not a good faith attempt to resolve a dispute.

For example, if you and your mechanic have a dispute about how much you owe for repairs, a payment in full check to resolve the dispute would satisfy your obligation. If the mechanic cashed your check, he would not be legally entitled to any additional money. On the other hand, if you owe a bank $1,500 and the amount is not in dispute, you may not merely offer $1,000 to settle the debt. Even if the check is marked “payment in full,” the bank may cash the check and then seek to recover the additional $500.

 

Q. I remember reading about an organization at the University of Houston Law Center that can help with consumer problems.

A. The organization is the Texas Consumer Complaint Center, and in the past year it has helped more than 1,500 consumers resolve problems with businesses. The Texas CCC was founded by the Center for Consumer Law with an award from the Texas Attorney General’s office. It is staffed by attorneys and Law Center students, who handle all types of consumer complaints from debt collection and defective cars, to plumbing problems and landlord-tenant issues. If you have a problem and need help, go to www.TexasCCC.com.

Want to know more about your legal rights? Visit my website, www.peopleslawyer.net.

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