When I was little, I loved "The Crying Red Demon." This is a fairy tale by Hirosuke Hamada. Red Demon wants to get along with humans, but everyone is afraid of him. So, I put up a sign in front of my house to try to get people to come visit me.
I am a kind-hearted demon.
Anyone is welcome to come.
We have delicious sweets.
We are also boiling tea.
But no one comes to play. So, it's a story where the friend Ao Oni comes up with a strategy for Aka Oni to make friends with everyone. Lawyers are just like red demons, and they seem to be scary to the general public. It seems that it is not possible to casually go to a lawyer's office.
When we opened our office, we named it "Yokohama Partner Law Office." As your partner, we hope that you will feel comfortable consulting with us.
This is an office of kind-hearted lawyers.
Anyone is welcome to come.
We have delicious sweets.
We are also boiling tea.
We look forward to hearing from you.
Yokohama Partner Law Office
Representative attorney Shigeo Oyama
Founded in 2000
50 people in their team
If you have any questions, please feel free to ask by email.
I will respond directly to you under the condition that it will be posted anonymously in this column.
You can be fired. However, if the other party files a dispute and the case goes to court, it will be necessary to prove that the reason for the dismissal was incompetence.
In this sense, sufficient preparation is required before dismissal.
If the case goes to trial, it will not be easy, as the lawyer says. However, in reality, many labor disputes are resolved without going to court or tribunal.
You should consult with a lawyer who can work with you to come up with a solution that will satisfy the worker.
There is no problem in theory. However, there is still a possibility that the workers will come back later regarding the reasons for not making the hire. Therefore, during the trial period, it is necessary to keep records of the areas in which the employee's abilities are lacking.
If the employee's condition worsens due to the employee's easy return to work, the company may be held liable. Therefore, it is necessary to carefully handle returning to work, for example, having the employee undergo a diagnosis by a doctor designated by the company, and allowing the employee to return to work only when the employee is deemed to have fully recovered.
This is certainly a difficult problem. Legally, since there is no actual managerial position, there is a need to pay overtime pay.
However, the root of the problem lies in the relationship of trust with the workers, so the most important thing is to have thorough discussions with the workers and decide on working conditions with their consent.
You may want to have the employee sign a written pledge stating that he or she will not move to another company with whom you work after retiring. However, when considering the right of workers to work, it is highly unlikely that such a pledge would be unconditionally valid.
There are limits to how these things can be bound by contracts or laws. We believe that the best solution is to increase customer satisfaction and build a relationship of trust with customers that will prevent them from changing their business even if someone else invites them.
If you have any questions, please feel free to ask by email.
I will respond directly to you under the condition that it will be posted anonymously in this column.
I can't generalize. Judgment will be made based on the extent to which the two trademarks are used and whether it is such that general consumers will misidentify it.
However, if you cannot reach an agreement, the practical solution would be to send a warning letter to the other party and aim to resolve the matter through discussion.
The answer will vary depending on how long it was used as the name of the store. However, even in the case of service businesses such as beauty salons, problems like this will occur if you do not proactively register as a service mark.
Registering a trademark takes time and money. If you decide to sell the product for a moment and then stop selling it, it may not be necessary to register the product as a trademark.
On the other hand, if you plan to sell your product for a long time as your main product, I think you should register it as a trademark.
First, if the trademark is registered, other companies will not be able to claim that the trademark cannot be used. In other words, you can use it with confidence.
Furthermore, if another company is using a similar trademark, it will be possible to stop that use.
A trademark is something used on a product. For example, the name of Manju is a trademark.
Service marks are affixed to services. For example, the courier's "Kuroneko" is a service mark.
Going to court takes time and money. It is possible that a lawsuit could result in a greater burden than the damage caused by the use of the product by another company.
In that sense, I think it is extremely important to find a way to resolve the issue through discussion, if possible. In the case of trademarks in particular, it is not always clear whether or not there is an infringement of rights, so it is even more important to resolve the matter through discussion.
We provide corporate legal support by leveraging our 15 years of experience working in the legal and intellectual property departments of some listed manufacturers.
We have experience in many contracts (Japanese and English contracts) related to corporate activities, such as purchasing contracts, sales agency contracts, license contracts, joint venture contracts, etc., including the negotiation process.
Through negotiations with overseas business partners, we have gained experience in legal negotiations with foreign countries. In addition, he studied at a law school in the United States and was certified as a New York state bar. He also worked for one year in the legal department of a local subsidiary in the United States, and has experience in legal practice in the United States.
We have experience in matters such as patents, trademarks, and copyrights, including how companies protect their rights and what to do in the event of infringement. I have experience in litigation regarding patents, trademarks, and unfair competition prevention laws.
I have practical experience in operations and procedures for corporate bodies such as company boards of directors and shareholder meetings, and subsequent registration.
We have developed and implemented internal rules for the protection of personal information.
We have experience in many issues related to antitrust laws, such as resale price restrictions, business combinations, and the Unjustifiable Representations Act.
We have experience in product liability issues in the United States and Japan, from prevention to litigation.
We have ample experience in building legal compliance systems in companies, setting up and operating organizations that make this possible.
I have experience through corporate practice on many issues surrounding the rights and obligations between companies and workers (including issues such as the legality of retrenchment and dismissal).
We receive a considerable number of inquiries from people who say, ``They are having trouble dealing with inheritance because they did not have a will.'' For example, if a couple has no children and the husband dies first. As his wife, I naturally intend to inherit everything. However, it is very common for people, such as the deceased husband's brothers, to claim the inheritance as ``heirs.''
Such cases could have been prevented if the deceased husband had made a will and stipulated that all assets should be left to his wife.
This much is common knowledge to anyone who knows the law. However, not knowing these basics often leads to trouble later on.
Even if it's not that big of a deal, when there are multiple heirs, it's important to clarify in advance who will inherit what. All heirs feel that they are special. For this reason, discussions regarding inheritance are difficult to reach.
If you decide in advance who will inherit what, you can prevent conflicts.
Furthermore, having a will is useful for carrying out inheritance procedures such as withdrawing deposits from banks in the deceased's name.
If there is no will, it will be difficult to access the savings unless all the heirs agree. Inheritance laws have been revised, making things a little better in this respect, but it is also true that there are still high hurdles.
By having a will in advance, this complicated process can go smoothly.
There are several types of wills. With the exception of special wills, there are generally two types of wills: a ``handwritten will'' in which you write the entire will yourself , and a ``notarized will'' that is made at a notary public office . However, at our office, we recommend creating a notarized will, even if it costs a little more money.
In the case of a will, people who feel that their share is small may attack the will, saying things like ``It's a forgery'' or ``The testator was in no condition to inherit.'' With a notarized will, the notary public is involved in the creation of the will, so the risk of this being questioned later can be reduced.
As explained above, making a will is very important.
Also, many people do not know whether it is a good idea to create a will given their current situation.
First of all, it is important to consult a specialist such as a lawyer.
Our firm has used a variety of methods to collect debts for companies.
By sending certified mail to the other party and clearly explaining our rights, there have been many cases where the other party, who had previously refused to pay no matter how much the client company negotiated with them, immediately paid the full amount.
In some cases, debt collection can be ensured by preliminarily seizing the assets of the other company or its representative and then filing a lawsuit.
In some cases, we were able to recover a significant portion of the debt through negotiations with the other party's attorney.
At our firm, we aim to recover corporate debts using all possible means.
I have handled many criminal cases and interacted with various defendants. In a criminal case, a person who had been leading a normal life is suddenly forced to be physically restrained and put on trial.
When arrested and detained, it places a heavy burden not only on the person but also on their family.
Therefore, we will continue to work towards his release as soon as possible.
One of the most important things to do in order to release the victim or get a lighter sentence is to sincerely apologize to the victim and compensate the victim. As a lawyer, I will step in and help negotiate with the victim.
When a person is physically restrained, they are cut off from the outside world and are overwhelmed by feelings of loneliness and anxiety. Under such circumstances, people sometimes ``confess'' to crimes they did not actually commit. We will thoroughly meet the person who has been physically restrained and provide encouragement.
Advocacy activities can only be expected to be fully effective if the client and attorney work together as one. To achieve this, it is essential to have sufficient time for meetings.
