Articles Category: Trademarks

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What? Your Trademark is a Color! By : Robert Klein Whether a color can become a federally registered trademark Real Estate Law: Underground Water By : Bob Miles CYA Disclaimer: The following is intended for reference purposes only and not as legal advice. Do you own the water running under your property? If you’re not the kind of person who would care one way or another, then read no further (although it is beyond me how anyone could fail to be fascinated by this topic!). Internationally, water law is of more critical importance than most people realize, because it is water rather than oil that causes the most political tension in... Real Property Law: Nuisances By : Bob Miles CYA Disclaimer: The following is intended for reference purposes only and not as legal advice. “He’s such a nuisance, constantly drumming his fingers on the table like that!” Just what is a “nuisance”, anyway? Well, it has one meaning in common parlance and another more specific meaning in law, although the meanings are somewhat similar. A nuisance is legally defined as “an unreasonable interference with the use and enjoyment of property”. By the way, lawyers just LOVE... Do You Own The Water On Your Property? By : Bobby Carnes CYA Disclaimer: The following is intended for reference purposes only and not as legal advice. Do you own the water on your property? Well, that depends. Lakes: If you own all the land surrounding the lake, then the water should belong to you. If you only own some of the land surrounding it, then you have what are called usufructuary rights, meaning that you can drink it, swim in it, fish in it, etc. (unless there is a law expressly prohibiting this). You own water as ... Airspace Over Your Property – How Much Of It Do You Own? By : Bob Miles CYA Disclaimer: The following is intended for reference purposes only and not as legal advice. The short answer is, “as much of it as you can use”. No, you cannot float a “No Trespassing” blimp and shoot down passing airliners for trespassing. But believe it or not, you can build a tall building on your property and the airlines can’t make you take it down even if it interferes with air traffic - unless you can find a law (such as building codes) that expressly prohibits y... Videoconferencing In Court Trials: Justice League's Newest Technology By : Nahshon Marini "Who drove the getaway car?" the lawyer asks, directing his question to a huge video screen. On the screen is a man, standing trial for being accessory to a bank robbery even though he is hundreds of miles away. We've seen it work in movies - witnesses providing expert opinion even though they're in a different state - and there's no reason why it can't work in real life. Videoconferencing in court trials is predicted to be the next big thing in the justice system. When i... Calculate Your Profits With Calculator And Mouse Mat Combos By : Gareth Parkin Calculator mouse mats can create buzz at trade shows and can steer plenty of customers your way as the mat is used day in and day out. So why are so few companies choosing calculator mouse mats as their preferred promotional item? It could be cost, it could be lack of flexibility or it could be because they don’t even know they’re available. Calculate the Costs You aren’t alone if you think calculator mouse mats are too expensive for your business to give out. This may b... Understanding International Copyright Laws For Software Programmers By : Brian Scott Is there one governing law for international software copyright? According to agreements by the World Trade Organization (WTO) and the Trade-Related Aspects of Intellectual Property Rights (TRIP), any software written has an automatic copyright. This is a conclusive consensus as far as an international copyright goes. An international software copyright should not, however, be confused with a patent. Copyrights provide creators with the ability to prevent others from direc... Understanding Software Copyright Laws By : Brian Scott Software copyright laws are among the most difficult to enforce among the masses. Many companies and corporations are well known for overlooking these laws, which were designed to protect the creation of software from not earning their worth. Perhaps one of the biggest hitches why many software businesses go out of business is they have difficulty enforcing software copyright laws and getting money that is owed to them from end users. Software developers, particularly in t... How To Copyright And Patent Your Software By : Brian Scott If you're wondering how to copyright software, the good news is you've probably already done it. At least you have if you have ever written software. Most people get confused over exactly what having a copyright for their software means. Only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into patents. Otherwise if it is original, fixed, and tangible you can copyright it. Essentially you already know how... The Programmer's Guide To Understanding The Software Copyright Act By : Brian Scott The Software Copyright Act, better known as the Digital Millennium Copyright Act, has given software developers more power to protect their works. If you've bought software in the last few years I'm sure you've noticed some of the changes in the software buying process. Some of the more noteworthy achievements of this Act are the following: 1) It is now a crime to break any anti-piracy measures in the software. 2) It is no longer legal to make, sale, or give away sof... How To Copyright Your Music To Protect Your Future Royalties By : Brian Scott Many musicians confuse copyrighting music with registering music; these are two different things. According to the law in the United States, once you have written or recorded your music in a permanent form, it is automatically copyrighted. Of course, it might help to first understand what it means to copyright music in the first place. A copyright is a certain legal protection that is offered to those who compose creative works, whether those works are art, music, or the ... Everything You Need To Know About A Copyright Lawyer By : Brian Scott Copyright lawyers deal with many different subjects such as Internet law, intellectual property, patents and trademarks, and of course, your copyright laws. Each lawyer has attended school for some time to get a degree to help you, which means they know more about the law than you do. Some mistakes website owners make is when they buy articles online; many times a buyer assumes they have full copyright. This isn’t always the case, depending on the agreement of ownership. T... What Is Copyright Infringement? By : Brian Scott Copyright laws are constantly changing. Knowing exactly what copyright infringement is, whether you’re creating an eBook, publishing articles, using music as a backtrack to your podcast, is important. Although copyright laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you’re following the proper rules of engagement when you create your works. Before you make any final decisions regarding the use of a work that has bee... What Is Fair Use Copyright Law? By : Brian Scott Many people are interested in the Fair Use copyright law. The Fair Use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the Fair Use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a ... Your Logo And Beyond On Promotional Mouse Mats By : Gareth Parkin When it comes to designing your advertising, promotional mouse mats might come to mind as a great advertising idea, and you would be completely right not to dismiss the use of these products. Design is extremely important, however, in getting your customers on board with your promotional idea and using your promotional mouse mats. No matter how much a client might love to do business with you, if your promotional mouse mats are ugly or not in a style that attracts them,... What You Should Know About Writing Your Will By : Gabriel Adams Writing your will is one of the most important acts that you can take during your lifetime. Your will is a legal document that specifies your wishes regarding your property as well as the future of your children should you pass away. Your will enables you to designate a legal guardian to care for your children- a crucial decision that should be made as soon as your children are born. You should also consider naming an executor of your estate in your will as well. The ... Workplace Claims - Health And Safety Issues For Business By : Martin Hughes In todays ever changing business environment businesses need to make more and more profit to satisfy shareholders and stakeholders. This can cause massive pressure on Senior Management to drive the business forward, sometimes looking to cut costs across the board. This can prove a dangerous tactic particularly where Health & Safety is concerned, with large manufacturing organizations and standard office environments they have a duty of care to look after the well-being of... Gay Sex Is A Criminal Offence In Singapore By : Chris Chew - Singapore is a conservative country, its government repeated many times when the subject of its gay sex law is being discussed. The government explained that because of conservative population, it will not decriminalize the country's gay sex law or at least not in the near future. On April 12, 2007, Singapore Law Society tells the government that the retention of gay sex laws cannot be justified. The existing gay sex law with comments are as follows: Singapore Penal cod... What Is International Copyright Law? By : Brian Scott Many people are surprised to learn there is no international copyright law. Yes, that is right. There is not an international copyright law that will protect your work on the other side of the world. However, it is important to note that most countries do offer some form of protection known as “foreign” works. International conventions and treaties have done a lot to protect owners of copyrights around the world. With the world seemingly becoming smaller every day, the Un... What Is Music Copyright Law? By : Brian Scott With the popularity of the Internet, many people are violating music copyright law and do not even know it. Music copyright law can be very tricky. There are multiple music copyrights that you must keep in mind – lyrics, composition and the recording of the music by an artist. Using someone’s music may involve you acquiring many different licenses such as mechanical, synchronization, performance and publishing licenses. Music copyright law has separate copyrights for the ... When Does Copyright Expire On My Music? By : Brian Scott The expiration date on your copyrighted music isn't something you have to worry about, at least not in your lifetime. The music that you've written is copyrighted the moment you've put it onto paper or recorded it. The reason you don't have to worry about expiration is because the music is protected until 70 years after the death of the author. In the case of your music, that author would be you. This rule about copyright music expiration was first put into place so that ... Why Are People Accused Of Copyright Infringement? By : Brian Scott When you hear about people caught of copyright infringement, many different things can happen to them. First, copyright infringement is both a civil and criminal crime, so people caught of copyright infringement are likely to get both sued and tried in criminal court. Because of the nature of copyright laws, if and when people are caught of copyright infringement, it’s likely they will get repercussions from far and wide. People are always looking for others violating copy... The Law Of Time Sharing Arrangements By : Bob Miles You can divide almost any type of property into a time-share (a type of fractional ownership). Most popular among these, of course, is the condominium time-share arrangement. Private jets are also sold as time-shares (betcha didn’t know that!). What that means, just in case you didn’t already know, is that the time-share owner has the right to use the property for a certain mount of time, for example two weeks a year. Since this time-share interest can be bought, you can also... The Law Of Condominium Ownership By : Bob Miles When you buy a condominium, what are you actually getting? In a typical condominium arrangements, each “tenant” owns his/her individual unit outright and owns the common areas as a “tenant in common” together with the other tenants. Since you have ownership rather than mere leasehold rights, you can sell your unit and build up equity in it. A tenant in common is a fractional owner of the common property, meaning, for example, that if the property is sold he is entitled to ... Don't Get Fleeced: Characteristics Of A Martial Community Property Relationship By : Bob Miles If you are married and you live in a community property state, then you should know something about the law of community property. It can get pretty complex, and the law varies somewhat from state to state. Nevertheless, following are some characteristics that may help you understand community property law a little better. 1.Joint Management and Control of Property Neither spouse may unilaterally control or dispose of the marital property – the consent of both spouses i... Community Property Law By : Bob Miles Community property law is normally applicable only to two people who are legally married, although it is sometimes applied to couples who have lived together for a long time. Some states have not yet enacted community property laws, and the law varies considerably among the states that have enacted them. Nevertheless, the community property laws of various states share certain features in common. Contrary to popular opinion, you can’t marry a millionaire in a Las Vegas Cha... Advantages Of A No Win No Fee Compensation Claim By : Carolyn Clayton There are many advantages to be had by pursuing a ‘no win, no fee’ claim, first and foremost because you have the piece of mind knowing that you will not be worse off if you claim and are unsuccessful; the Conditional Fee Agreement means that no fees must be made to your lawyer should your case for compensation prove unsuccessful. However, it is often advised that claimants take out insurance cover against their claims, because whilst the fees to the lawyer may be waived unde... Making An Accident Claim By : Carolyn Clayton Many victims of personal injuries operate under the illusion that pursuing a compensation claim is complicated and expensive, when in reality nothing could be further from the truth. Modern day claims companies are desperate to get you on board as clients, because the more cases they win, the more fees they are paid. It is because of this that they will often give free consultations to assess your case, before making a decision as to whether there is a realistic chance of rec... What Is U.S. Copyright Law? By : Brian Scott The US Copyright Law grants rights to individuals for the works they create. The US Copyright Act of 1790 has changed over the years. The current basis of US copyright law is based on the Copyright Act of 1976. US copyright law is relatively automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary... Efficient Breach – When You Should Breach Your Contract, And Why The Law Is Designed To Encourage Certain Kinds Of Breach By : Bob Miles Breaching a contract is bad, bad, bad…isn’t it? Well, not always, at least not in the eyes of the law. The purpose of contract law is not to spank naughty promise-breakers, but to increase economic efficiency. Suppose, for example, that you own some real estate. Buyer 1 wants to live in your house and offers you what you consider to be a good price for it, and you enter into a contract with Buyer 1 to sell it to him. Then Buyer 2 calls you. He wants to buy your real estate... Contract Law Made Simple: Why Consequential Damages Are Dangerous And How To Avoid The Danger By : Bob Miles For the sale of goods, the Uniform Commercial Code defines consequential damages as follows: “Consequential damages resulting from the seller’s breach include (a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and (b) injury to person or property proximately resulting from any breach of warranty.” Keep in mind tha... Legalese Explained: Obligations Of A Lease Assignment And “Covenants Running With The Land" By : Bob Miles If you are a tenant and you assign your house lease to somebody else (a “third party”), your assignment of your lease contract does not relieve you of your obligations to the original landlord. If, for example, you assign your lease to Ralph and Ralph doesn’t pay the rent, the landlord can come after you for the money even though you don’t live there anymore. Whether she can come after Ralph or not (she may want to if Ralph has more money than you do) depends on the nature of... Legalese Explained: What Is A Sublease? By : Bob Miles What is a sublease? Generally speaking, if the original tenant transfers all of his rights under his lease contract to somebody else (a “third party”), it’s an “assignment”, but if he transfers something less, it’s a sublease. Note that it doesn’t matter what you call it; a sublease is still a sublease even if you call it an assignment. So if you rent a house for a year, live there for 5 months, and then turn around and lease the remaining 7 months to a third party, it’s an a... Patent Law Basics For The Non-practitioner - Part II Of IV: UTILITY PATENTS By : Thomas F. Zuber, Esq. This article is for non-practitioners seeking to familiarize themselves with the basics of patent types and patentability requirements. This article is Part II of a four part series. Parts III and IV will follow in biweekly installments, and will address Design Patents and Plant Patents, respectively. Utility patents are the most common type of patent, and they’re what laypersons are usually referring to when using the word “patent.” For an invention to be patented, ... Getting What Is Due To You. By : Carolyn Clayton* Experiencing a personal injury can be a very stressful, and sometimes life changing, event in a person’s life. The unpredictable nature of such accidents means that victims are often completely unprepared for the consequences of such an injury, both mentally and financially. This is where personal claims companies can help, as they work on your behalf to gain an appropriate amount of compensation for the inconvenience and trouble the injury causes. The impact of a persona... Discover How Florida Lawyers May Sue An Owner Of Property If Injured By : Markus Skupeika A DAY IN THE LIFE OF A FLORIDA LAWYER “Simon Flinch, Esq.” This was the name neatly carved on the oak-paneled door upon which Beth summoned enough courage to tap. A grey-haired gentleman in his late forties showed at the door and ushered her in. Simon knew this was a personal injury case, which he had an expertise built in his formidable 22 years of legal service. He guessed, whatever Beth would say, it would make his day. Jason, Beth’s 8 year-old son was injured on a p... Discover How Florida Lawyers May Sue An Owner Of Property If Injured By : Markus Skupeika “Simon Flinch, Esq.” This was the name neatly carved on the oak-paneled door upon which Beth summoned enough courage to tap. A grey-haired gentleman in his late forties showed at the door and ushered her in. Simon knew this was a personal injury case, which he had an expertise built in his formidable 22 years of legal service. He guessed, whatever Beth would say, it would make his day. Jason, Beth’s 8 year-old son was injured on a private property and the owner did not cla... Repetitive Strain Injury (RSI) Compensation Claims By : Andrew Bowen RSI, or repetitive strain injury is a condition that affects the muscles, tendons and nerves of the Hands, Arms, Shoulders and Neck. Many people are unaware that they maybe entitled to compensation for the condition. RSI is most commonly linked with production line work and those jobs which involve repeated rapid movements and / or for long periods of time. It has also been linked to those who use keyboards and a mouse on a personal computer. Any type of work where repeate... Injuries While Playing Or Watching Sport - Claiming Compensation By : Andrew Bowen If you suffer an accident whilst playing or even watching sport, which was not your fault, then you may be entitled to make a personal injury compensation claim. Many people are unaware that all participants in sport are subject to the law and may incur criminal and or civil liability. Participating in sporting activities, whatever their nature, involves certain necessary and inevitable risks, so it is often said that injury is an inevitable by-product of a sport. ... Burns - Causes, Affects And Claiming Compensation By : Andrew Bowen In medicine, a burn is a type of injury to the skin caused by heat, cold, electricity, chemicals, or radiation. Burns are most commonly caused by exposure to flames, hot objects, hot liquids (scalds), or radiation (e.g. sunburn). Electrical burns are less common, but are potentially more serious, as the depth of the burn is usually greater than is apparent, and cardiac arrhythmias may occur. It is estimated that around 112,000 people visit Accident and Emergency depart... How The Internet Is Making The Claims Process Easier By : Andrew Bowen Nowadays claiming compensation for a personal injury accident has become so much easier to do. There are many companies now offering so called No Win No Fee* services whereby an individual can pursue a claim with a solicitor on the understanding that no costs are involved. The whole process of claiming has now become even more straightforward and accessible. A quick search on the internet for Injury Claims results in numerous companies having tons of free information on ... Asbestos Related Claims - Getting Compensation By : Andrew Bowen Many people are affected by Asbestos related diseases throughout the UK. It is estimated that Asbestos affects as many as 1 in 100 men over the age of 40 in this Country as well as an increasing number of women. Exposure to Asbestos dust can damage the fibrous tissue in the lungs. Claims can be made by Claimants, even though the exposure was 30 or more years ago, and the past employer(s) has gone out of business. Claims can also be made for deceased Claimants on behal... "Possession Is Nine Points Of The Law": Your Rights If You Possess Land That You Don't Own By : Bob Miles Believe it or not, squatters do have certain rights - in fact they are far more extensive than most people realize. Of course, if you possess land without the permission of the owner, you can be legally thrown off the property by the owner (this is known as "ejectment" in legalese). But under most circumstances you have a superior right to possess that land than anyone else in the world except the owner. If I move into a vacant house that is owned by Olga Owner, of course she... Choosing A Lawyer To Represent You In Court By : Gabriel Adams When picking a lawyer, especially for the first time, it’s easily to become overwhelmed by the responsibility. When someone is representing you in legal court, you want to make sure that you are dealing with the most competent and skilled person possible. So, pick your lawyer carefully, and this caution will pay off. Since lawyers are very specialized in their skills, you should narrow down exactly what you need. Broad “defense lawyers” who claim to be experts in every asp... Beware Of Geeks Bearing Gifts: The Law Of Inter Vivos Gifts And How Not To Get Burned By : Bob Miles The law recognizes several different kinds of gifts. An inter vivos gift is a gift that I make while I'm still alive, not planning on dying any time soon, and that takes effect immediately (instead of after I die). An inter vivos gift must also be unconditional and irrevocable. In order for it to be enforceable, I must intend it as a gift, I must actually deliver the gift, and the recipient must actually accept it. This can result in some fairly non-intuitive consequences: ... Dui: Just Say No! By : Gabriel Adams It can be fun to spend the evening hanging out with your friends having a few drinks. Maybe your fun filled evening includes visiting a variety of night clubs or even going to a concert. However, before you head out for your evening of fun there is one issue that has to be addressed by everyone. That is the issue of who will be responsible for driving you back home after a night of fun. Driving drunk isn’t safe, and it is definitely something that comes with some very long te... Legalese Explained: What Is A "Bailee", And Are You One? By : Bob Miles A bailee is someone who has possession of someone else's property. There are two kinds of bailees: (1) A "true bailee" or a "bailee under a bailment transaction": This is someone who takes possession of another's property with the owner's consent - you borrow someone's car, for example. When you take your car to the mechanic, the mechanic is a true bailee, and when you check your coat in the coat check at a nightclub, the nightclub is a true bailee. If you are a true ba... Legalese Explained: Finders, Keepers, Or How A Thief Can Sue To Get Back The Stuff He Stole By : Bob Miles DISCLAIMER: The following is intended for reference only, and not as legal advice. If you own it, it's yours. But what if you found it, or even stole it? Believe it or not, this is the way the law works in most states: (i) I find a wallet on the street, and you steal it from me. As you might expect, my legal right to the wallet is superior to yours, even though I will have to give it back to the owner if he can be identified. (ii) I find a wallet on the street, lose ... Motorcycle Accident Claims By : Carolyn Clayton Having an accident on a motorbike is a lot more traumatic than having on in your car. The injuries can also be a lot more severe. With a car you have the obvious protection of your seat belt, air bag and the frame of the car. I had a motor cycle accident in my early twenties when I was travelling on the back of my boyfriend’s bike. A car pulled out and didn’t see us at all. We were both thrown from the motorbike about fifteen metres. Stupidly that day I had chosen to ... How To Choose A Great Lawyer By : Gabriel Adams If you need a lawyer to represent you, chances are you aren’t going to just pick up the phone book and select the first name you come across. To get the best results, you need to conduct your own research on the matter. You can get referrals from your friends, family, and co-workers; but remember that your needs for a lawyer could be different than theirs. Some lawyers specialize in particular areas such as workman’s compensation, criminal defense, and disability claims. Y... Patent Law Basics For The Non-Practitioner - Part I Of IV: Overview By : Thomas F. Zuber, Esq. A patent is a property right granted by the government of the United States to an inventor "to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States" for a limited time in exchange for public disclosure of the invention when the patent is granted. Article I, Section 8 of the United States Constitution grants Congress the power to enact laws relating to patents: "Congress sh... Permax Recall By : Steve Fields Following two recent studies, the Federal Drug Administration (FDA) announced a Permax recall on March 29, 2007. The Permax recall includes both the name brand Permax (peroglide) and the generic versions of peroglide. Current studies have revealed Permax heart valve disease in around one-fourth of Parkinson's patients who have taken Permax over an extended period of time. Permax Valvulopathy (valve injuries) first came to the attention of the Federal Drug Administration (F... Is Protecting Yourself Illegal? By : Nahshon Roberts Anti-speed camera , photo radar plate number sprays and covers , and other devices are protecting drivers everywhere. It's undeniable that these anti-speed camera devices are gaining popularity everywhere because of the protection they offer. Businessmen are marketing them as the greatest thing since television to automobile drivers who invest in these number plate sprays and covers to avoid being fined for speeding. The popularity of these anti-speeding devices has given ris... Rent Control By : Bob Miles Many cities have passed ordinances restricting the amounts by which landlords can increase a tenant's rent. These local laws are generally held valid even in the face of contrary state law. Rent control normally covers only residential housing (and not office space, shopping mallls, etc.) Since it is usually designed to assist low-income tenants, it is rarely applied to luxury housing, and sometimes does not apply to single family homes. In some cases the tenant will have ... Landlord And Tenant Liability For Injuries Caused By Hidden Dangerous Conditions By : Bob Miles If you're a landlord, what risk of liability could you face for "latent defects" (dangerous conditions that are hidden or not obvious)on your property? What about if you're a tenant? If you're a landlord, you can be sued by your tenant injured by a latent defect on the rented premises if you knew about it but didn't tell him (if you want to sound like a lawyer, the legalese translation here is "fraud by ommission"). Once you've told him about it however, then depending on ... Tenant And Landlord Liability To Visitors For Injuries On Leased Premises By : Bob Miles DISCLAIMER: The following is provided for reference purposes only and not as legal advice. Dear reader, you are lucky. If I had been writing on this topic not all that long ago I would have needed a small textbook to even begin an introduction to its arcane complexities. But the modern trend has been to simplify it all into a reasonable set of rules and principles that are - well, common sense based. Put simply, the tenant has a much greater overall liability for injuri... Law Without Legalese: Tenants' Right To A Rent Reduction By : Bob Miles Disclaimer: The following is intended for reference only and not as legal advice. A tenant may be entitled to reduce his rent or even withhold it altogether under limited circumstances: (1) The landlord fails to meet his duty to repair the premises Not all duties of repair fall on the landlord; some of them may fall on the tenant depending on local law and the terms of the lease. Nevertheless, to the extent that the landlord does have a duty to repair, the tenant may... Landlords' Duty To Repair By : Bob Miles DISCLAIMER: The following is intended for reference purposes only and not as legal advice. Unfortunately, this article is far too short to do justice to this important topic. In a nutshell, a landlord's duty to repair arises from both the law and from the terms of the lease. Landlord-tenant law is generally governed by state and local law, and states and localities differ quite significantly concerning the landlord's legal duty to repair rental premises. The general long-t... Patent Law Basics For The Non-practitioner - Part I Of Iv: Overview By : Thomas F. Zuber, Esq. A patent is a property right granted by the government of the United States to an inventor "to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States" for a limited time in exchange for public disclosure of the invention when the patent is granted. Article I, Section 8 of the United States Constitution grants Congress the power to enact laws relating to patents: "Congress s... Five Things Your Boston Personal Injury Lawyer Will Tell You By : Steve Smith If you’ve had some kind of slip and fall accident in Boston, person injury lawyers can certainly help you get the damages you deserve. But these kinds of accidents, whether you’ve slipped in a restaurant, fallen on a damaged sidewalk or taken a tumble down some rickety stairs, can be difficult to prove unless you have solid evidence. That’s why we’ve put together some information from some of the best Boston personal injury attorneys available that you should keep in mind ... Accident Claims UK By : Carolyn Clayton If you or someone in your family have been hurt by an accident that was not your fault then you should think about claiming compensation. You may win quite a substantial amount of damages that could help you out of a tricky situation. Having an accident can cause you to go into unnecessary debt. You may need time of work to recover or to go to the hospital and receive treatment. You might have ruined expensive clothing that needs replacing. If the accident was the fault of so... Trade Practices By : Arul Niles Key provisions of the Trade Practices Act that a business should be aware of in order to avoid a breach of the Act. Price Fixing Price fixing is an arrangement or agreement with a competitor to fix, control or maintain a price for products or services you provide. It is also unlawful to attempt to fix prices. Price fixing includes an arrangement about the discount, rebate or credit. Price fixing is unlawful whether or not it has an effect on competition. The ag... Restraint Of Trade By : Arul Niles This paper explores restraint of trade and confidentiality agreements between employers and employees. It is common for employers to have a global restraint clause to restrain departing employees from working for a competitor and that may not be sufficient. The underlying principle is that for a restraint clause to be enforceable it must be reasonable. The remedies available to an employer are: - Obtain an injunction as soon as possible; and/or - Claim for damages. ... Insolvent Trading By : Arul Niles Insolvent trading occurs when a company incurs a debt when it is unable to pay its debts as and when they fall due. The law imposed on the directors, a duty to prevent the company from engaging in insolvent trading under Section 588G, at the same time implementing new statutory defences. The Corporations Act Section 588G places a duty on directors of an insolvent company to prevent the company incurring debts where a director has grounds for suspecting that it is ins... Filing Your Advanced Health Care Directive By : Jeff Moore An advanced health care directive is a document that allows a person to make sure their health care wishes are fulfilled in event of an illness or injured that renders them incapable of communication. The two types of directives popular in the United States are living wills and health care proxies. A living will is a document where you state exactly what type of health care you want or don't want under specific circumstances. A health care proxy is also called durable health ... You Have A Contract! Or Do You? Voidable Contracts By : Bob Miles You have a contract, right? Well, maybe. But then again, maybe not. There are several ways to have a contract declared void (as if it never existed in the first place) or voidable (declared void at the option of the aggrieved party). These loopholes include (but are certainly not limited to), lack of legal intention, lack of legal capacity (a child, for example), lack of true consent (fraud, duress, etc.), and illegal object of the contract (a contract for prostitution, for e... Contract Boilerplate: Sample Provisions, Part II By : Bob Miles Below are some examples of contract boilerplate along with brief remarks. Disclaimer: This article is intended for reference only, not as legal advice, and that the author accepts no liability for the use of the same. Dispute Resolution In case of any dispute arising out of or in connection with this Contract, the parties hereto shall attempt to resolve the same through friendly consultations. In the event that such dispute cannot be thereby resolved, either party ma... Understanding Contracts: Warranties By : Bob Miles A warranty is simply a promise that a particular product or service will either meet a given standard, or otherwise the promisor will remedy the failure: “Complete satisfaction guaranteed, or contact us within 30 days of purchase and we’ll give you your money back!” is an example. Unfortunately, however, just getting your money back might not be enough to compensate you – if you an iron, for example, and it malfunctions and ruins an expensive garment, you might need additiona... Writing Contracts: Representations By : Bob Miles A good understanding of representations is important to drafting many kinds of contracts. If your representations are well written, they can prevent a dispute later. Even if they don’t, skillfully drafted representations can win a contract dispute for you if it ever comes up. A representation is a statement intended to persuade someone to enter a contract. For example, “The all new Heatflux will reduce your heating bills by 20%”. If this representation turns out to be fals... Contract Boilerplate: Some Sample Clauses By : Bob Miles Here are some examples of contract boilerplate. As a disclaimer, this article is not legal advice, and the author accepts no liability for the use thereof. Third Party Beneficiaries Nothing contained in this Agreement shall be construed to confer upon any individual or entity other than the parties hereto any rights, benefits or causes of action, except as expressly set forth in this Agreement. This prevents a non-party from suing a party as a “third party beneficiar... You Need To Know: What Makes A Contract Legally Binding? By : Bob Miles DISCLAIMER: The following is offered for your reference only and is not intended as legal advice. Contact your attorney before finalizing any contract. A legal contract is a promise or set of promises that is enforceable under the law. In North America, the three most important aspects of a contract are offer, acceptance, and consideration. “Offer” and “acceptance” seem pretty straightforward (although it’s trickier than you might think), but the term “consideration” fo... Japanese Mail Order Brides - Rare Jewels By : Bob Miles The Internet woods are thick with mail order brides from Russia, China, and the Philippines as well as dozens of third world countries. Nevertheless many men prefer Japanese women they are thought to make the best wives in the world. But now that Japan is a developed nation, however, are mail order brides still available from Japan? Well, yes - but not nearly in as great a number as before. Ironically, the entire mail order bride phenomenon started out decades ago with Jap... What You Should Know About Dui/dwi Laws By : Gabriel Adams Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) laws vary according to the state of the offense. The most important factor surrounding any of these laws is that the repercussions are generally steep and severe. Due to the rash of drunken driving fatalities in the past half century or so, most states have enacted harsh penalties for anyone caught drinking and driving. The DUI laws of each state define a level at which an individual is considered into... A Few Helpful Tips For Choosing A Lawyer By : Gabriel Adams There are any number of reasons why an individual may need a lawyer during the course of his or her life. Among other things, legal assistance may be necessary for divorce, bankruptcy, personal injury, or probate issues. Choosing the right lawyer may mean the difference between success and failure in any legal issue. As television, print advertising, and the internet become inundated with lawyers advertising their services, it becomes more difficult to make an informed d... Car Collisions & Predetermined Fault By : Arthur Gueli In some types of car collisions there's what is called 'predetermined' fault. This means that the nature of the car collision strongly suggests that one driver caused the accident through negligence. If this is the case in your insurance claim, winning will be much easier. The two main situations with predetermined fault are rear-end collisions and left-turn collisions. In both of these circumstances there's a driver who's definitely at fault. There's a ton of precede... Social Security Benefits Act: A Real Savior By : Ashish Jain The worst sufferers from the evil hands of disability are perhaps those who were once dedicated and hardworking professionals but are now helpless and dependent people. For, they have been thrown out of their job due to undue disability. To help such people, governments of various countries have come up with the concept of social security benefits. To safeguard their rights and the rights of their families there has been formulated the Social Security Benefits Act. This ac... Personal Injury Claims - Protect Your Rights By Knowing What Not To Say By : Arthur Gueli Pursuing a personal injury claim puts you in an unfamiliar situation. You'll have to think carefully before you speak to anyone. From the adjuster, to the defendant, to the police officer at the scene - what you say makes a difference. Never forget that the insurance company wants to save money. When processing your claim they'll use anything you say against you in order to lower your settlement payment. Litigation and claim processing really starts the moment an accide... Motorcycle Injury Claims By : Carolyn Clayton After a motorcycle accident, if you sustain an injury it can be incredibly serious. While some individuals are lucky enough to get out of a motorcycle accident with a few scrapes, bruises, and contusions, you may endure even more serious injuries. In fact, after a motorcycle accident you may be in shock: your body will be pumping adrenalin throughout your system and you may not fully realise that you have been seriously injured. Further, head injuries can result in a concus... What Florida Lawyers Are The Attorneys You Want To Hire By : Markus Skupeika LAWYERS AND LIFE People do go often down the memory lane about their life. After couple of hours thinking it gets to the realization that life is eventful, indeed it is. When people like you meet the life span. You find good aspect of it and the bad one as well. The good aspect consists of joy, happy feelings, and excellent works that you have ever performed and last but not the least bubble- memories. Those things reflect through the gateway of smiles and blushes. O... Advantages Of A No Win No Fee Claim By : Carolyn Clayton Let’s suppose something happens to you. Maybe it’s a broken bone, maybe it’s a bad cut, and maybe it’s something worse. Now, let’s suppose that that something was not your fault. Perhaps it was caused by defective machinery at the company where you work, or a mechanical defect in some product you recently bought, or was gained as the result of a crash or accident at the hands of a drunk driver. If this has happened to you, perhaps its time to think about litigation: lazine... Solicitor Insurance – 4 Secrets For A Happier October 1st – Part 2 By : Gabriel Adams For lawyers, solicitors and legal professionals the date of October 1st is perhaps more memorable than for most as it’s the date in which their Solicitors Insurance and Professional Indemnity Insurance is due for renewal. And as people in the legal trade are extremely busy people one of the UK’s Leading Solicitor Insurance Brokers have produced 4 Secrets for firms looking for Solicitors Insurance. Secrets that when used can save solicitors and lawyers time and money on the... Solicitor Insurance – 4 Secrets For A Happier October 1st – Part 1 By : Gabriel Adams For most Solicitors and legal firms October 1st each is synonymous with the date in which their Solicitors Insurance and Professional Indemnity Insurance is due for renewal. And in the days, weeks and months leading up to October 1st they could well be contacted by numerous insurance providers all wanting a slice of the Solicitors Insurance PI. These 4 secrets have been produced by one of the UK’s Leading Solicitor Insurance Brokers and are aimed at providing you and yo... Mediation Of Gay/Lesbian Marriages Not Found In Court By : Rich Gordon, JD Sarah and Beth have lived together for seven years. They intended to live happily ever after, But as too often happens, they drifted apart and their relationship started to strain at the edges. Communications was cut off. Sex was a bother rather than a pleasure. They no longer laughed together. It was time to end it and move on. Unfortunately there were "entanglements" which had to be addressed. There was the house they purchased and decorated together. There were master C... Florida Malpractice Lawyers Truth About Timely Claims By : Markus Skupeika Every law firm has a very specific and well defined policy concerning medical malpractice claims. Medical malpractice claims are very difficult claims to fight legally. For this reason, a law firm initially accepts these claims on a tentative manner. It takes time to gather the necessary medical records, to study and analyze the said records, to consult with respected medical experts, to gather additional pertinent data, and to reflect upon the likelihood of success. Medic... Florida Medical Malpractice Lawyers Advice For A Good Case By : Markus Skupeika WHAT IS MALPRACTICE? Malpractice means negligence by a medical professional. Medical errors have been reported as a leading cause of death in the United States. Medical mistakes take place not only in hospitals but in day surgery and outpatient clinics, nursing homes, retail pharmacies, and home care. It is found that medication errors alone contribute to more than 7,000 deaths annually. A doctor or hospital can be sued for, missing a diagnosis, failing to order tests, ... Do You Have A Personal Injury Case? By : Markus Skupeika Florida Personal Injury Lawyers are asked the same question. Does y case sound like a good case for a personal injury lawyer? As most would say yes... let us evaluate so you can find out through your own decisions. WHAT IS A PERSONAL INJURY? Any harm caused to a person, such as a broken bone, a cut or a bruise is described as a personal injury. Any type of bodily harm or injury as a result of an attack, negligence or accident can come under the category of a personal i... Compelling Evidence By : Kurt Mortensen As you prepare your message, understand that we humans aren't capable of absorbing all of the information you can gather. We are hit with data all day long and most of the time we don't absorb it. In fact, we are very selective in what we allow ourselves to retain. When we hit information overload, we turn our minds off and retain nothing. A study on comprehension of television messages produced very revealing results. After watching commercials and other forms of messages... Understanding The Law.... Insurance Law By : Nominate A Lawyer The following Q&A's have been provided to help you better understand Insurance Law. Q. Our home recently burnt down accidentally and now the insurance company is refusing to pay the claim due to the presence of white ants although we had another claim some years ago which was assessed and adjusted by their representative and the claim paid with the white ant damage being noted at that time with ongoing renewals continuing to be offered without condition. Can they do that? ... Understanding The Law....intellectual Property Law By : Nominate A Lawyer The following Q&A's have been provided to help you better understand Intellectual Property Law. Q. I am in the retail clothing business and bought some stock from a number of manufacturers. Subsequently I was approached by solicitors from a designer accusing me of infringing copyright as I was selling her designs. What should I do in the circumstances? A. There are a number of things but the first one is to retain an intellectual property lawyer to deal with this copy... Personal Injury Law By : Carolyn Clayton Personal injury law is an area of law that aims to protect citizens against the negligence of others. Covering a wide range of claim subjects—from whiplash to medical negligence, personal injury law guides people through the process of claiming financial compensation for injuries received through the actions or neglect of other people. Once an expensive exercise for those wishing to pursue such claims, personal injury law in the UK now operates on a ‘no win no fee’ basis, mak... Motorcycle Accidents – Typical Causes By : Carolyn Clayton When you’re out and driving, there’s nothing worse than getting in an accident. Whether it’s just a fender bender or a windshield-cracking, door-shredding crash, accidents are horrible things to witness and worse to experience. If you’re on a motorcycle, accidents become even worse. More than three thousand motorcycle accidents resulted in death last year in the United States alone, and the numbers are just as terrifying in the United Kingdom. With nothing between you and the... What You Should Know About Child Custody Laws By : Gabriel Adams Child custody laws vary from state to state. However, when looking into child custody laws, there are some general laws that apply. It is important that when dealing with a custody case, you have a full understanding of how the different laws will affect your individual case. Most often, the court that has jurisdiction over the divorce proceedings, also has say so in the custody of the children. Whenever a child is born to parents who are married, they both have equal... What You Should Know About Family Law By : Gabriel Adams When issues arise within the family unit or domestic relationships get out of hand, family law is the branch of judicial problem solving that deals with a wide range of family-related issues. Throughout the United States, it is the family courts that often handle the heaviest caseload, as many jurisdictions tackle concerns that deal with gaining custody of a child to dealing with the proper procedure of finalizing a divorce. Within the system, family law cases extend to t... What You Should Know About Divorce Law By : Gabriel Adams With the divorce rate at an all time high, it is important to have a full understanding of divorce laws. Nearly 50% of all marriages will end in a divorce. Therefore, it is vital that you know the ins and outs of the laws. Divorce laws do vary from state to state so it is important that you check with the laws for your particular state. However, there are some general laws that apply across the board. If you are looking for an alternative to the more traditional liti... Understanding The Law... Conveyancing And Property Law By : Nominate A Lawyer The following Q&A's have been provided to help you better understand Conveyancing & Property Law. Q. I can’t understand why conveyancing costs vary so much and what would be a fair fee to pay either on a sale or purchase of a property in NSW? A. There is great variation in conveyancing costs as much of work is being carried out by unsupervised and unqualified staff. This practice has become widespread and no one can make any money out of conveyancing where the costs fal... Understanding The Law...Criminal Law By : Nominate A Lawyer The following Q&A's have been provided to help you better understand Criminal Law. Q. Am I likely to get off a speeding charge if I can prove that my car’s speedo was in error? A. No, but this would be taken into account when you are sentenced. Q. Unfortunately I do not have a good driving record; I am separated from my wife who does not have a driver’s licence which means that I have to take my son to and from child care. Will this be taken into account although I h... Understanding The Law... Defacto, Divorce And Family Law By : Nominate A Lawyer The following Q&A's have been provided to help you better understand Family Law. Q. I recently divorced my husband who has left me with the four children and he has suggested that as we have no assets he will give me half of his superannuation. What should I do as I am unemployed and on a single mother’s supporting pension and he does not pay child support? A. Unfortunately you are being very badly treated as your entitlements would include spousal maintenance, child su... Understanding The Law... Employment Law By : Nominate A Lawyer The following Q&A's have been provided to help you better understand Employment Law. Q. Following the introduction of Workchoices earlier this year although I work for a company having less than 100 employees do I still have any remedies left? A. Yes. You are entitled to bring an action against your employer where there has either been a breach of an express or implied term of your contract of employment. Q. Although the company for whom I am working is not meeting b... Understanding The Law... Business & Commercial Law By : Nominate A Lawyer The following Q&A's have been provided to help you better understand Business & Commercial Law. Q. Money was subscribed to a company on the basis that I would be a shareholder. Yet a check with ASIC indicates that this has not occurred? A. Basically you will need to prove intention at the time the money was directed to the company and the best way to do this is if there is something in writing which supports this contention. Alternatively if this cannot be done your sta...
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