How to find where to serve process on a company with a non-unique name? Suppose I transacted with a large business (perhaps a chain store or a hospital) that has a publicly-facing name "ABC", in the U.S. state in which I live, and wish to sue it for whatever reason. How do I find out the correct entity named "ABC" out of a list of several potential matches that represents the legal person with which I transacted (absent any paperwork that indicates which)?
It depends on the state. In some states the Secretary of State holds the records for business entities and in others, such as Arizona, it's an organization known as the Arizona Corporation Commission. Regardless of the state's organization that keeps the information, one of the pieces of information you will find when you look at a company's records is the "registered agent", "resident agent" or "statutory agent." The agent, whether a person or a representative corporation, must be located within the state where business is conducted. That agent is who or what gets served with papers for a lawsuit. Here's a good explanation at legalzoom. A personal example that may help: I am an owner in a business that does business in Louisiana and Arizona. Our LLC is registered in Louisiana and is registered as a "foreign corporation" in Arizona. However, we are required to have a registered agent in each state. We pay a company to act as our registered agent in each state and the registered agent has a physical address in each state in which we are registered. If someone wants to sue my company then they can look up the name of my company in either state and will find my registered agent along with the registered agent's physical address. Service to the registered agent counts as service to my company. The agent will forward to me any service which is made to them. EDIT: if you don't known the name of the entity, i.e., the name on the door of the business does not represent the name of the company, then you need to find the "doing business as," or DBA record of the company. I don't know what state you're in but all the states in which I've done business maintain a "Doing Business As" system that can be searched. I guess it's possible that you're in a state that doesn't maintain DBA filings or require them. Typically, you can search either way - search by owner or search by the DBA name. Some states, such as Arizona, record DBA names at the county level. I've seen some states allow searching by address also.
Sounds like you are doing this search surreptitiously. If not, the process is the same, except for asking the lawyer himself. Regardless of the actual value of knowing a lawyer's trial experience - the value and knowledge of an attorney is much more than trial experience, and the best indicators of experience and judgement are the least public aspects of a lawyer's work - there are two major sources of information: public search engines and court record systems. Your searches will yield a lot of raw data in terms of personal names, case names and legal documents that you will need to use your own judgement when analyzing. Google: Best thing to do is start with Google and the lawyer's name. That may sound simplistic, but a simple Google search will give you any firms he is associated with, any news articles with his name in conjunction with trial cases, professional affiliations, and more. Once you find any references, you will find case names, names of past clients, and more. Search again. Follow all the rabbit trails. Google doesn't typically show search results from commercial databases and library catalogs. Most public libraries have access to commercial journal and magazine databases that cover thousands of titles, including law journals, as well as databases of historical newspapers; if not, university libraries do. You may need to go to a state or provincial law college to access legal journals. Contact the people - past clients, etc. - you find and ask them about the lawyer and the trials in question. I doubt very much any lawyer will have anything more to say that you need to talk to him yourself. Bear in mind that if you misrepresent yourself to people you contact about the lawyer - you say you're looking for a long lost cousin on the pretext of finding out information about the lawyer and his cases - you're treading a fine legal line called pretexting. Pretext is legally defined as a reason for an action which is false while offered to cover up the true intention. If you pretext, it can come back to bite you. Court records: Find the court record system for your jurisdiction. These will greatly vary, and vary between civil and criminal courts. Google will lead you to the website of the court jurisdiction in question; there will be different methods of access to the court records systems. The big problem you're up against is that many cases are settled out of court, and there will be no records in court systems. And if there are records, you will have to parse the decisions to find out if the lawyer in question was actually involved. As a last resort (other than asking the lawyer himself), hire an unemployed just-graduated law student to research for you :)
The term in your question, "use an existing name", is pretty broad. Do you propose to say, "Compatible with Microsoft Lync"? Or will you actually name your product "Lync"? The first option is likely safe. The second one looks like a Trademark infringement more than a copyright issue. And "Lync" is distinctive enough, you probably won't win. However, if you propose to name your product "Messenger", you're slightly better off because "messenger" is a generic term in the English Language, even if Facebook adopted it for their product. The major criteria would be if your chosen name is likely to cause confusion with Facebook's product.
Typically in defamation law, claims made persuiant to litigation are not defamatory, since they are going to be tested for validity if the case goes to trial. I'm not familiar with any differences in what is generally done in settlements between the U.K. and the U.S., but since both are Common Law countries, and Settlements are very common in civil proceedings in the U.S., it's a good start. Generally a settlemant can occur anytime before the verdict of the case is rendered, although usually it will happen after preliminary hearings during the Discovery phase. In the U.S., Discovery is very broad and one need not prove that the requested items contain evidence but might contain evidence. This means that, for example, you could request a substantial amount of e-mail records from the opposing party because somewhere on the company e-mail server, there might be something to help your case. And even if after you sift through the emails and find no smoking guns related to your case, you could find some dirty laundry that's unrelated but still damning... if not more so than the initial case. Many people, especially big compainies, would rather just give the ex-employee some what he/she wants, if it means they don't get to see the proverbial man behind the curtain. Additionally the practice might fall into a legally gray area of the law that, if it reaches trial, could hurt the company or even the industry if a judge rules against the company, effectively saying that this gray area is now definately illegal. Better to eat the loss of capital with the settling out of court than to take the much larger hit of the buisness practice being illegalized all together. Typically in settlements, both parties agree to terms and sign a contract. While the whole of the terms are never discussed, almost all include that the plaintiff will drop the case and never bring the matter to court again and that both parties will sign a non-disclosure agreement (NDA) meaning that they won't discuss the rest of the settlement terms with anyone not party to them. If the plaintiff does break the NDA, the defendant can sue for breech of contract and recover at the least the monitary compensation they awarded in the settlement. Conversely, if the respondent breaks the NDA, the plaintiff can refile their initial suit with the addition of breech of contract (and this time it will get to court... and all the dirty laundry sees the harsh light of day.). While the respondent in a settled case can possibly sue for defamation if the plaintiff said the respondent did what the initial suit claimed they did (legally, it was never proven or disproven), or they were guilty (again, since no verdict was reached at trial, no guilt was established), the breech of contract is a much more airtight case and doesn't open up discovery to the respondent's cupability in the settled case (since the breech is about discussing the settled case at all, not the validity of the accusations of the settled case). Typically they would not go this route because then it opens the can of worms the settlement was trying to keep a lid on.
Both. The process server deliver's one set of documents addressed to the individual in their individual capacity, and one addressed to the company. If the individual in an official capacity and the company are both parties, as well as the individual in an individual capacity, you serve three sets. Even if the law ultimately is in your favor that serving just one set is sufficient, serving one set of documents for each defendant removes any argument that would have to be litigated as non-minimal expense and producing delays in the case, and it is cheap to do so relative to what is at stake in any case worth suing over.
Law enforcement only investigates crimes, and they have significant discretion regarding which crimes to investigate. If they considered a crime to have occurred in your case, they could certainly seek a court warrant requiring Google to turn over IP addresses. More likely, you might have standing to seek relief in civil courts. In such a case, you could try to get the civil court to issue a subpoena for a third party like Google to provide IP addresses. Of course, you could have your civil suit contested by the counterparty, and even if not the court may decline to issue a subpoena, and if even if it issues one the third party may object to the court, or simply decline to comply with it.
Copyrights don't apply to the names used. You mean trademarks. You copyright your game and you trademark the name. http://www.reddit.com/r/gamedev/comments/11v69k/using_a_guns_name_in_your_video_game/ Basically, it wouldn't be wise to use trademarked names in your game. Even though it's unlikely you would be sued and even if you were, you could possibly fight it under Fair Use, but do you want to take the chance? If some gun company decided they didn't like how you used their name, even if they have little to no grounds for a case, they can STILL sue. Anybody can sue for pretty much any reason where there is doubt. If they have enough money to throw around, they can drag you through the mud, ruin your business and then just lift their lawsuit. They don't need to win in court, just destroy you. Keep in mind that even if you don't use the name, if the gun in your game is an accurate replica of the real thing, it could still be a trademark issue. EDIT: Something you could consider though is asking permission. You never know. They may simply not care. You might even try propositioning them to pay YOU to have their gun showcased in your game. It's not entirely uncommon for companies to be willing to pay for a bit of endorsement advertising.
It isn't explicitly prohibited so long as the amount claimed is in the aggregate less than $20,000. But, it would probably be better to file separately. First, very simple single party, single transaction cases are what small claims court is designed to do, and going against the flow often creates unforeseen confusion for the judge in the Justice Court who isn't a sophisticated civil litigation expert. The Justices of the Peace who preside over Justice Courts that handle small claims cases in Texas often aren't and don't have to be lawyers or even high school graduates. Second, if you sue as a group, and one of your group is the lead person handling the case (and that person isn't a lawyer), the lead person is at grave risk of being found to be practicing law without a license by taking actions in a lawsuit on behalf of your fellow plaintiffs.