Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a question about business law I have a small business…

Hello I have a...

Hello I have a question about business law I have a small business that is registered and insured and I have an EIN. I started my business five years ago but made it legal last summer. I have been using my daughter's name, Emma, and her face, on my labels for the past five years. I sell jam and jelly and other preserves, and much of the money from the business goes into a 529 college savings account for my daughter, as well as helping to pay for camp and dance classes. Emma's father just sent me a notice telling me to remove her name and face from my business. Doing this now would mean starting over. Refiling permits, changing signage, re-filing bookings, and all of the expenses that go along with that. my question is - can he do this? can he sue me for this?

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

Massachusetts. I am trying to find an attorney He has not sued me or anything, but he appears to be preparing to. He has sued me numerous times before.

Lawyer's Assistant: Has anything been officially filed? If so, what?

Nothing has been filed yet, just an email telling me to cease and desist.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I think that's it.

Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
4/25/2018
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,754
Experience: Licensed attorney helping individuals and businesses
Verified

Hello and welcome. I am working on your answer and will be right back!

Ask Your Own Legal Question
Customer reply replied 3 months ago
thank you

I see no basis for his position. You have a right to do so. If the child objects, then consider removing, in whole or in part, but the other parent may not object or take action, and is not likely to sue given the costs and low chances of success.

Ask Your Own Legal Question
Customer reply replied 3 months ago
could you possibly point me to a place in the law books that would help me feel more confident about this?
Customer reply replied 3 months ago
I reviewed a case that made me very concerned (related to Virgin and the use of a child's face without permission)
, but otherwise, I found little on the subject. It's not a question often asked.

The claim is misappropriation of one's image and name. That cannot be done unless the person objects.

Ask Your Own Legal Question
Customer reply replied 3 months ago
The child is 8 years old. Would she be considered old enough to object?

But you are the parent, so if child consents, you may do so. Compare it to a parent taking a child to modeling or commercial sessions

Ask Your Own Legal Question

It falls within parental rights, as long as you have decision making powers for the child.

Ask Your Own Legal Question
Customer reply replied 3 months ago
Do you think father has any claim to any of my profits from my business? He also intimated to me that he should get a "cut"
Customer reply replied 3 months ago
Father has 50% legal custody. Would that have any bearing? Should I call you?

If joint custody decisions are normally made together unless court has given you sole decision making. If you both have rights to decide and cannot agree, you can ask the court to decide, but court is likely to permit use provided the revenues go for benefit of the child from use of the image.

Ask Your Own Legal Question

If my reply is acceptable, please reply "acceptable"

INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,754
Experience: Licensed attorney helping individuals and businesses
Verified
INFOLAWYER and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
Acceptable.
Customer reply replied 3 months ago
Thank you!

very welcome

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask INFOLAWYER Your Own Question
INFOLAWYER
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,754
63,754 Satisfied Customers
Experience: Licensed attorney helping individuals and businesses

INFOLAWYER is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

63,754 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

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

< Previous | Next >

Related Legal Questions
Should I take the deal? Can I give you a rundown of terms
Should I take the deal? Can I give you a rundown of terms for feedback on if this is a reasonable settlement or if I have room to negotiate more? I'm primary caregiver (almost exclusively stay at home… read more
Michael Bradley
Michael Bradley
JD
1,671 satisfied customers
I have a question about summer visitation time. My ex has me
I have a question about summer visitation time. My ex has me make the summer schedule every year. My daughter is going to be 17 this Sept and is taking 2 required courses for high school in summer sch… read more
LegalGems
LegalGems
Juris Doctorate
12,863 satisfied customers
I am trying to start a business selling log cake ( a
I am trying to start a business selling log cake ( a traditional Hungarian cake that is made of dough that you grill and you put caramel over to add shine and you can dip at the end in powdered sugar)… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,261 satisfied customers
I have been cyber harassed for the past year and a half and
I have been cyber harassed for the past year and a half and I don't want to press charges but the organization I work for is contacting an attorney. It stopped after I sent a letter to all parties inv… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I recevied a cease and desist letter from my ex brother in
I recevied a cease and desist letter from my ex brother in law to stop sending birthday and holiday cards to my nephews who are 9 and 14. Is this legal? He also indicated in the letter that i threaten… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,187 satisfied customers
I need help! I have a business partner in North Carolina that
I need help! I have a business partner in North Carolina that has been harassing and stalking me for years. I am tied to him thru the business, I have even moved out of state because he got physical o… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
A few of my customers at a dance studio have decided to spread
A few of my customers at a dance studio have decided to spread word that while I was only suffering from exhaustion at a recent dance competition/event, that I am a drug addict. I have proof from my d… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
someone started a petition stating that a person i know is
someone started a petition stating that a person i know is a bully and many other things and tried to have parents sign the petition. some did. it lists my husbands name repeatedy through out stating … read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
I have a daughter who is currently a senior. Last year alone
I have a daughter who is currently a senior. Last year alone she had to deal with a a player on her team constantly demeaning her in fronmt of peers and bullying her on court. My daughter talked to th… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
I would like to know if I have a reasonable case to bring before
I would like to know if I have a reasonable case to bring before Magistrate's Court in SC. My dilemna is this: My child is interested in musical theatre. Last year, her dance instructor in SC, adverti… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My daughter and I used to work for a doctors office. My daughter
My daughter and I used to work for a doctors office. My daughter quit in september after being harassed for an e-mail that was sent to the office managers husbands work e-mail account. She was accused… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I live in a privat residential builing and a local business
I live in a privat residential builing and a local business two doors down has employees that walk over to my doorway to smoke. What rights do I have to prevent this. I live in NYC.… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
My downstairs neighbor constantly calls and texts us if we
My downstairs neighbor constantly calls and texts us if we walk across the floor with our shoes on or dance in the living room for 15 minutes or so. We are not party people. We work all day and are in… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My son was signed up for two weeks of baseball camp this summer
My son was signed up for two weeks of baseball camp this summer and was only able to attend one of those weeks. The camp refuses to refund us the $800 and some dollars for the week he was unable to at… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,543 satisfied customers
I am a school teacher A summer camp where I work at for
I am a school teacher A summer camp where I work at for 14 years fired me without telling me why. After I signed a contract. They three years later. The woman who is co-owner of the summer camp called… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Hi, we live in Massachusetts and are having a problem with ...
Hi, we live in Massachusetts and are having a problem with a neighbor. What started as a simple request to not have their kids at our driveway for a bus stop, escalated into the husband calling me at … read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I was summoned to appear before the court about a debt
I was summoned to appear before the court about a debt delinquency. I filed an appearence and when the case came to court I was able to prove fraud with respect to the alleged debt. The courts issued … read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers
can school officials contact 18 year old non student about
I was contacted by my daughter's coach concerning a photo he saw of my daughter.(I believe both he and the athletic director have a problem with me and are taking out on my daughter, but that it my op… read more
CJShanna3
CJShanna3
Field Research Investigator/Trspt Agent
Edu/SPTrng -- JSUC/UOP/Pending DCJS
182 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x