Recipe For Trouble - Trademarks and Copyrights

Recipe For Trouble - Trademarks and Copyrights
After much thought (or maybe just short inspiration), you have come up with the perfect name and slogan for your company. You start printing up business cards and using it on all your printed materials and the web. One day you are out surfing on the web and you see it. Your company name! Someone else is using that great name you came up with. What is even worse is you notice that little "TM" sign which means they have trademarked that name, which means you can't use it. Not good.

Then you write a really great article. You publish the article (either online or in print). A few weeks (or a few years) later, you find yourself reading your article. The only problem is that there is someone else listed as author! What can you do?

What can you do when you get that great name to protect it? Do you just have to worry about your company name or should you worry about product names too? What is the difference between a trademark and a copyright? Is this going to cost me a fortune? Do I need a lawyer?

Copyrights protect creative works. That includes articles, songs, books, websites, etc. You can file copyrights yourself. The process (as well as lots of other information) is found at the US government copyright site. You can file online. You don't need a lawyer to file. However, if your business focuses on copyright-heavy works (i.e., the music business), you may want to hire a lawyer to make sure all your bases are covered. The copyright takes effect on the date the Copyright Office receives "all required elements in acceptable form." So, even though it may take a while for the office to process your copyright and mail the certificate, you are still protected. There is a small fee, but it can add up quickly if you are filing a lot of copyrights. Again, if you are not comfortable doing the filing yourself or there is something else out of the ordinary for your business, consider using a lawyer.

According to the American Heritage® Dictionary, "a trademark is a name, symbol, or other device identifying a product, officially registering and legally restricted to the use of the owner or manufacturer." Remember that great name that you thought up for your company? If you put a trademark on it, no one else can take it. Filing for a trademark can be a little more complicated, mainly because you have to do a little research and make sure that no one else has trademarked the name. You can still do it yourself. The information can be found at the US government patent and trademark office. Again, there are fees involved and the process can take several months. You can file a trademark for something, even if you aren't using it yet. For example, you might file a trademark application for a product that you are developing, but haven't marked yet. However, at some point you have to prove that you will actually use the trademarked name or symbol, or you risk losing the trademark. A description of the entire process can be found on the trademark page. Again, if you are uncomfortable with the process or if you think there may be issues involved with obtaining the trademark (i.e., you know there is someone else that would like to use the name and/or symbol), you might be well advised to use a lawyer.

Although it takes a little time, effort, and money, you should consider protecting your ideas and your business, particularly if you are going to be on the web or have a reach beyond your local area. You may also want to do a search to make sure any names or symbols you might be thinking of using haven't been trademarked by anyone else before you start using them extensively. At no time is the article to be in the lieu of legal advice from a lawyer. When in doubt check with a lawyer.

By: Robin Rushlo
"Dr. Robin", the well known MLM Radio personality . He is a nationally recognized expert in the network marketing business.Dr. Robin is the current host of his radio show, "Networking with the Blindguy" with up to 4.7 million listeners daily. For more informatiom about DR Robin go to http://robintrushlo.com. Also time to help you health. http://gobewisenow.com. DR Robin will help you with health and weightloss. He has lost over 200 lbs himself.
Source: legalblog.resourcesforattorneys.com

The Basics of Power of Attorney
"Power of attorney" is a legal tool that allows another individual the authority to act as a person's legal representative. This gives that person the power to make binding legal and financial decisions on a person's behalf.

It is not exceptionally difficult to find forms to grant someone the power of attorney via the internet, but there is typically not a lot of explanation of what a power of attorney is. In addition, there is very little information concerning when a person needs a person to act as power of attorney or even what type of power of attorney to choose. These are very difficult decisions to make as giving the power of attorney to someone gives that person considerable power over your life. Because an individual with power of attorney has the ability to sign a different person's name to legal contracts, careful consideration should be given to choosing a person and whether or not limits should be placed on how long the power of attorney will last and what limits should be imposed on a person's powers.

There are, broadly, two basic types of powers of attorney. A "general" power is unlimited in both its scope and in its duration. This granted type of power permits the named individual to act as a person's legal representative in relation to all financial matters until the power is revoked.

A "specific" power creates limits on a person's named representative. It is possible for a "specific" power to bind a representative's powers to one single type of conduct or even a single transaction. As an example, the representative could be granted the power to engage in financial transactions stemming from a specific checking account or be given the power to sign the closing documents for a specific real estate transaction. These activities are very limited and are assigned to a specific type of transaction. They are not nearly as broad as "general" powers are.

Either type of power can be limited in its duration. This means that the person selecting a representative can specify a date after which the power of attorney assigned to that representative will no longer be valid.

Typically, forms granting power of attorney do not have to be registered with the state. If a form grants an individual the rights to engage in transactions and dealings pertaining to real estate, it may be required that the forms be registered with the state.

By: Joseph Devine
If you would like more information concerning power of attorney or other legal transaction related to probate, please visit http://www.probatelawyeraustin.com.
Source: legalblog.resourcesforattorneys.com

Revocable Trusts in Estate Planning
An increasing number of people are utilizing the revocable living trust as the primary document in their estate plans. A revocable living trust is an entity created during lifetime in which an individual (called a trustee) holds legal title to property on behalf of a beneficiary, who is typically the individual establishing the trust (or the grantor).

It is a revocable trust because the grantor, at all times and for any reason, retains the absolute power and right to revoke the trust, or to otherwise amend or change the trust terms in any fashion. In addition, the grantor may withdraw the trust assets at anytime by taking the properties back into his or her individual name.

The living trust is beneficial because it permits an individual to transfer title of his or her assets now, but that transfer is not to the individual's beneficiaries, but rather to the trust entity. In fact, the re-titling of assets during lifetime is generally considered to be the revocable trust's principal advantage since assets held by the trust will not be subject to court supervision. Furthermore, the grantor typically serves as initial trustee so as to maintain complete control over the management of the assets.

In the event of an incapacity or illness, a successor takes over as trustee to manage the trust and otherwise provide for the grantor, without the necessity of seeking the appointment of a legal guardian to take title to his or her assets.

Upon death, the successor trustee would be in charge of the assets without the necessity for probate proceedings. If probate were required, delays in transferring the properties to one's family and the potential for additional legal, accounting and court costs could result. Without court involvement, the trustee can expeditiously transfer the assets in accordance with the grantor's wishes, which will remain private, as a trust agreement need not be deposited with the probate court at death.

The trust will often contain significant tax planning provisions as well as terms of ongoing trusts for the grantor's family. This arrangement could permit the grantor's assets to be kept together in one piece for the family's benefit for a period of years. In addition, the trust could also provide for the protection of the properties from creditors or claims against the family.

While the revocable trust will, in effect, take the place of a Last Will and Testament, in that the trust will provide for the disposition of the grantor's assets at death, a Will is nonetheless a necessary instrument in every estate plan. If a trust is established, but one's assets are not properly transferred to the trust during lifetime, a Will would be required to direct the disposition of assets at death. In an estate plan that includes a revocable trust, a Will could merely provide that any assets that might be titled in a grantor's individual name pass to the trust to be held by the successor trustee under the general provisions of the grantor's estate plan. Moreover, a Will would name a guardian for any minor children.

Notwithstanding the advantages of the revocable living trust, it is not appropriate or necessary in every instance. Therefore, any person interested in exploring the applicability of a revocable trust in their estate plan should consult their attorney.

By: Joshua Keleske
Joshua T. Keleske, P.A. proudly serves families in the Tampa Bay area with their estate planning, estate and trust administration, and business planning needs. If you have questions regarding how we can be of assistance to you and your family, please contact us at anytime at 813-254-0044. We are happy to answer your questions and arrange for an appointment to speak with you.

Please also visit http://www.trustedcounselors.com to learn more about Joshua T. Keleske, P.A.
Source: legalblog.resourcesforattorneys.com

First and Second Degree Murder
In legal terms, homicide is committed whenever one person kills another, whether it was accidental, self defense, or otherwise. The term murder is only applicable when an individual intentionally and unlawfully kills another human being. It is a felony, and is punishable to the highest degree. In some states in which capital punishment is legal, the punishment can potentially be death. In 2007, there were over 15, 000 reported cases of unjustified and tragic slayings within the United States.

The law further divides these crimes into two categories, known as first and second degrees. It is important for citizens to understand the differences between these categories, as their causes and consequences are very different.

First Degree Murder

This charge applies in cases where the victim's death was premeditated, meaning that it was planned out beforehand. For example, a man who walks out of a grocery store annoyed with the level of service he received is guilty of first degree murder if he then goes home, pawns his watch for a gun, and then figures out the chief offender's schedule before going to the grocery store to shoot the clerk that upset him. Because he intentionally planned out his attack and thought everything out in advance, he can faces charges in the first degree.

This kind of offense can also be committed during the commission of another felony. This is part of the felony murder rule and can make a person eligible for the harshest legal punishments if he or she killed a person during felonies like arson, robbery, burglary, kidnapping, or rape. So, if one were to intentionally set another person's house ablaze and someone inside dies as a result, then the fire-starter can be charged in the first degree.

In Wisconsin, this terrible offense is considered to be a Class A felony. It is punishable by life in prison.

Second Degree Murder

This term applies when the death in question was intentional but not premeditated. It is not considered as grave as more thought-out crimes. This legal term also encompasses those forms of bloodshed that result from dangerous, reckless behavior on behalf of the killer. An example of second degree murder would be physically assaulting another person with the intent of seriously injuring him or her, but instead actually killing the victim. Another example would be accidentally shooting and killing the person next to the intended victim.

In Wisconsin, this is considered a Class B felony. It punishable by incarceration by up to 60 years.

By: Joseph Devine
To learn about the legal options available to a person accused of one of these major offenses, contact Milwaukee homicide defense attorneys Kohler & Hart, LLP.
Source: legalblog.resourcesforattorneys.com

Trusts May Not Protect Your Assets From Creditors
An individual's largest asset is usually their homes. In an attempt to keep these large assets in the family and to avoid probate, individuals are either gifting the homes away to children early by signing over the deed or setting up a living revocable or irrevocable trust. Unfortunately sometimes these instruments are not used properly, don't take in all that needs to be done in estate planning and could cause harms not initially apparent when initially create them.

Trusts are used to manage assets. They can be set up to accomplish any number of goals such as providing income for a child, grandchild or other family member or it can provide income for a favorite charity or distribute assets in an attempt to reduce tax consequences or security assets from those inevitable issues that come with aging.

If you are setting up a trust in order to protect your assets from creditors or other unforeseeable situations which may arise as you age you must look at both types of trust closely to determine which is best for your circumstance. There are two types of living trusts, revocable and irrevocable. The difference being that the revocable trust can be changed or modified, giving the creator the flexibility of continued control over the assets during his lifetime. The other type of trust is an irrevocable trust. Once an irrevocable trust is established it cannot be changed. The creator will have no access or control over the assets any further through their lifetime once it is placed in the irrevocable trust. Some individuals do not like particular aspect of irrevocable trusts. They want the protection of the trust however they do not want to give up all control of their assets. Depending on what needs to be done in the protection of the assets, an individual might have to give up all control over the property in order to get the protection necessary from creditors or lien holders.

It is important to understand prior to forming such an instrument, that general creditors may use the Uniform Fraudulent Transfer Act (UFTA) under G.L. c. 109A to void or rescind a transfer by a individual debtor for less than fair consideration, regardless of whether the transfer is to an individual or a trust. The Fraudulent Transfer Act can be used by an individual's creditor if they can show that: 1) the debtor had "actual intent" to "defraud either present or future creditors"; or 2) the debtor believed "that he will incur debts beyond his ability to pay as they mature"; or 3) even if there was no fraudulent intent, the debtor was "thereby rendered insolvent". What this act will do is render an individual's trust void and rendered charges against the individual for a fraudulent transfer. This "look back" period as it is called is a statute of four years. If for example an individual has placed a piece of property into a trust and then enters a nursing home the creditor or Medicaid will look back four years from the date of incurring the charges to see if any property was transferred. If such property was transferred and the intent is considered fraudulent then the trust is considered void and the nursing home will be able to attach the home for charges incurred.

Also prior to placing assets into a trust the individual must understand that in bankruptcy, debtors must report all transfers made within one year of signing the bankruptcy petition. In conjunction with the one year "look back" period in bankruptcy, creditors may also use the Fraudulent Transfer Act to reach assets that have been transferred without fair consideration within their four year "look back" period as well.

If after discussing all aspects of why you need an instrument for estate planning with your attorney understanding the difference in the instruments, what they can and can't do is the next step. While a revocable trust gives the individual the ability to continue to control their assets, this control makes it impossible for the trust to offer any protection to an individual from creditors seeking to collect on a debt. "The established policy of the Commonwealth long has been that a Settlor (person who creates the trust) cannot place property in the trust for his own benefit and keep it beyond the reach of his creditors". Following, after the settlor's death, creditors of a settlor also have access to any and all trust assets that the trustee could have distributed during his lifetime. The plain meaning is that a revocable trust offers no creditor protection to the creator of such a trust.

A revocable trust may also result in loss of homestead protection and right of survivorship. A homestead or homestead exemption means that your home is protected from creditors up to the limit of the exemption for as long as the house is your primary residence. A homestead prevents most creditors from taking the house away from you to satisfy a debt that you owe the creditor. It will also protect your home in the event that you have to file for bankruptcy. If the home is placed in a trust, the homestead does not work. The home is no longer a primary residence, it is placed in the trust name and is no longer in your name. The placing of the home in a trust also will break the right of survivorship relative to a spouse that survives you.

An irrevocable trust in turn will protect you from your creditors as long as the trust is created in such a way the individual has no control over the trust asset for which it was made. In making any type of long term estate plan it is the best policy to speak to an attorney regarding your assets, your long term planning, and how you would like to manage such assets during and after your lifetime. Due to the "look back" period this should be done sooner rather than later.

By: Michael A. Goldstein
The foregoing article was drafted by The Law Office of Goldstein and Clegg, LLC. For additional articles, see their Bankruptcy Law blog.
Source: legalblog.resourcesforattorneys.com

London events calendar
London events calendar January New Year’s Day Parade from Parliament Square SW1 www.londonparade.co.uk London Boat Show ExCeL London E16 www.londonboatshow.com London Art Fair Business Design Centre N1 MCN London Motorcycle Show ExCeL London E16 www.londonmotorcycleshow.co.uk February Chinese New Year Celebrations Soho W1 www.chinatownchinese.co.uk London Fashion Weekend Duke of York’s HQ SW£ March The Homebuyer Show ExCeL London E16 www.excel-london.co.uk St Patrick’s Day Parade & Festival various venues in London www.londonstpatricksday.org.uk Head of the River Race The Thames, Mortlake to Putney www.horr.co.uk The Vitality Show Earls Court [...]
Source: www.hotelplayer.com

Natural Cures for High Blood Pressure updated Thu Mar 12 2009 1:10 am CDT
Natural Cures for High Blood Pressure- Are you suffering from high blood pressure? Are you tired of taking drugs to control High Blood Pressure? Do you want a natural cure for High Blood Pressure? If you answered yes to any of these questions please read on your life may depend on it. Our resources below will give you extensive information on natural cures for High Blood Pressure and lifestyle choices you can take to prevent High Blood Pressure. Bookmark this page and come back often as we update this site regularly with the latest information on High Blood Pressure.
Source: www.squidoo.com

New routes from Air Southwest - Newquay and Plymouth to London City
Air Southwest have two new routes commencing later this month which are set to revolutionise travel between the South West and London Newquay & Plymouth to London City Route Information: New twice-daily service from Newquay and Plymouth to London City Airport, Flying to the heart of London in just over an hour, Providing a full [...]
Source: www.hotelplayer.com

Museums in Madrid
Madrid is home to many world-class museums and art galleries. Here is a list of the most visited museums in Madrid: El Prado Museum Paseo del Prado s/n Metro: Banco de España One of the largest art galleries in the world, housing the masterpieces of Velásquez and Goya, and representative pieces from the Italian, Flemish and English Schools from [...]
Source: www.hotelplayer.com

The rules of entrance to Russia
For the entrance to the territory of Russian Federation a foreign citizen needs valid passport, visa and medical insurance policy. VISA In order to enter Russia all foreign visitors need a Russian visa. The visas may be granted in diplomatic representatives and in consulates of Russian Federation by the Russian Ministry of Foreign Affairs, Ministry of Internal Affairs [...]
Source: www.hotelplayer.com


Labels: