How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

Hello, Thank you for being on this service. My situation is

Resolved Question:

Hello, Thank you for being on this service. My situation is I was asked by a Lady named Emily to be a part of her counseling business. I am certified in alot of therapeutic arts and she was excited to have me onboard. She told me in July/12 that since I was just starting with her that there was no need for me to sign a subcontractor year lease because until I had enough clients she did not want me to have the burden of a year contract. We were friends at the time and I thought that I could trust her. The agreement between us verbally and on paper was that she would get 20% of each client service plus rent each month. I furnished my room and paid my advertising business cards, flyers, web ads etc. At the beginning I came up with two unique names for services that I did with clients. These were originally names and my conceptions. Emily acknowledged that they were mine and on her center's website she listed me and these services. I have several texts, and emails between us over the months where she knew they were my names and services solely.
On October 15, I got an email out of the blue from her saying that I could come and get my stuff. She and the center were going in another direction and that she was hiring more therapists. (We were all sub-contractors with her not employees) I had told her in the beginning that I was going to have my names copyrighted.
She owes me for 1/2 months rent.
I have not responded to her email but went over and got my things. She has continued to use my names for my services on her website even though I am no longer there. She says they were soley developed by the center under description on her website. She took me off website but continues to use my ideas.
What are my rights? She is using my names and ideas, I have documentation to proof it from early on in July. I did not sign a contract with her, just rented a space and paid 20% to her for each client that I had sessions with.
She is stealing my ideas and names. What do I do?
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.

Thank you for your question.

There are two separate issues you have here. The first to address is the rent matter. Since she terminated your lease without notice and through you out in the middle of the month term, she owes you a half months rent plus any consequential damages (moving expenses, etc.), as she is supposed to provide you with notice and let you stay out the term.

The second issue is the service title issues. When you come up with a unique name for a service you are providing, you have created what is called a "service mark", which is a form of trademark. A service mark is not automatically protected unless you register the service mark with the state. You can find the registration forms here:

Once you have the service marks registered, then you can legally prevent her from further using them.

That being said, you do not likely have a suit for any form of civil damages against her for her misappropriation of the service marks until you have registered them. If she continues to use them after you have registered the marks and sent her a notice of the registration, then you may seek damages for lost income because of her misappropriation of your registered service marks.

Please let me know if you have further questions.\


TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 2 other Legal Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina


    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Related Legal Questions