Color and Trademarks

When non-lawyers draft their own trademark applications with the United States Patent and Trademark Office (the “USPTO”), they often wonder whether they should choose a specific color or colors. The question is whether claim over a particular color will somehow increase the likelihood of your mark’s acceptance onto a USPTO register or limit the possibilities of use. To answer this question for yourself, it is important to understand the context of the color option on a trademark application before deciding whether to use it.

The leading case on use of a color is Qualitex Co. v. Jacobson Products Co. and involves the use of a special shade of green-gold coloring on the pads made and sold to dry cleaning firms for use on dry cleaning presses. When the defendant used the color on its pads, plaintiff argued that this was improper, since the green-gold on this particular product served as an identifier to distinguish Qualitex’s goods.

The court agreed with the plaintiff that the color was an identifier. As such, it was in the interest of the marketplace to prevent competitors from using the same color on the same product. This decision furthers the general policy of trademark: preventing others from copying source identifying marks reduces the consumers’ costs in shopping and making purchasing decisions.

But this is not to say that everybody should use color as an identifying mark. I would suggest a claim over color for unique packaging, (e.g., Tiffany’s robin’s-egg blue boxes) or if the color truly separates your product from others (e.g., green ketchup). Otherwise, choice of a specific color will be limiting.

In the instance that you already are using a specific color whenever you use the mark, you may still want to consider claiming it in favor of having flexibility down the road. If you have been using one shade of purple for a decade-now an “incontestable” mark-but switch to using pink, as well, you might be diluting your previous mark, at least insofar as claiming the use of that shade of purple on that specific product. Even worse, if you expand the product to use the entire rainbow, you could be undoing years and years of hard-earned good will by creating confusion among your own consumers.

Therefore, unless you began your application with a specific color in mind, it is probably inadvisable to claim one as your own. Nevertheless, if you still have questions, you should contact a seasoned trademark attorney who can collect all the specific facts of your specific circumstance. This is the only way to get an absolutely accurate response to any legal question.

This article merely gives an overview of some very complicated rules and does not attempt to include all factors and considerations that apply in all instances. It should not be construed as legal advice to your specific problem.

Employee Theft Defense

Employee theft accusations can result in harsh sentences, fines, and unwanted blemishes on your permanent record. The sentences vary by the number of counts of theft as well as the total amount of financial damage caused by the theft. Many times the situations are misread and the person is unjustifiably accused.

Accusations of employee theft against you can lead to the hardship of losing your job. it is very difficult to recover from these kinds of charges. Given this tough economy, not only is losing your job a catastrophe, but finding a job as a criminal can be nearly impossible. If the conviction is unjust and false, these charges can ruin a person’s life for no reason at all. This affects not only yourself, but also your friends and family. Unfair sentencing in employee theft cases is a common occurrence in both singular and multiple charges. It is likely that hiring a defense lawyer can help you reduce or eliminate the sentencing due to stealing the employer’s property.

If you have been accused of abusing company time, stealing products from the company, taking supplies, or taking cash, you have been charged with employee theft. Circumstances of these accusations very widely, but it is important to know that you have many different ways of protecting yourself from false accusations and unfair sentences. There are many great ways of avoiding the burdens that can plague you for years to come. Helpful information on defending yourself against employee theft charges can be found at Austin criminal attorney website of Ian Inglis.

5 Things to Consider If You Are Working With Resell Rights Products

Electronic books, articles and other writings with Resell rights provide you with a pre-written product that you can resell or give away as your own. Depending on your experience, creating a product of your own can seem like an impossible task. Creating and distributing your own products does take time but it’s not impossible, actually it’s not as hard as you might think. But, until you get one created there is a lot of material that has prewritten ads, a sales page, auto responder course and a book too, that you can edit a little bit and call your own. Resell Rights products give you and entire package of pre-written material that you can resell within minutes. Many internet resellers use resell rights products to make a very comfortable living.

These products come with a license that gives you a detailed list of ways you can and cannot use them. It is imperative that you read and understand this license. Products with Resell Rights have made it easy for many people to make money on the internet, but you should use them wisely.

Most of the resell rights products you’ll be working with, will give you the credit for writing and putting together all the resell material for it so, it is your product. In order to make the maximum profit from reselling I want to give you 5 important things to consider.

1. Don’t resell the resell rights to everyone

Too many people with resell rights to the same product would have us competing with each other and profits would suffer.

2. How Much Should You Charge

Pricing your products too low could interfere with its distribution. Your buyers who plan to resell, might not see a potential for profit if you don’t.

3. Clearly state the terms and conditions of the resell license

The resale license that is included with every package is extremely important. It tells in detail exactly what the owner can and cannot do with it. Because adobe documents are not easily changed, I suggest you offer the reseller license in a PDF.

4. Make sure you comply with the terms of the license yourself

If you promise to limit the amount of resell rights you will sell and then exceed this amount, your customers will not trust you and your credibility suffers. Do what you say you will.

5. When to sell the resell rights to your products

If you have a good quality product with a high potential of selling, you should sell it yourself in the beginning. But, you could stick to putting a product together and let other marketers sell it for you. In order to maximize your profits you probably do not want to sell the resale rights at the product launch.

Steps For Preventing False Workers’ Compensation Claims

When you are an employer it is important to ensure your employees are being productive and efficient. However, it is also your responsibility to ensure that they are safe and secure, taking care to help them should they suffer an injury as the direct result of their employment. Sadly, this obligation is too often taken advantage of in the form of false workers’ compensation claims. Luckily there are steps you can take to prevent your employees from attempting this form of fraud.

No matter what field you work in or what your office is like it is possible to have employees fall victim to an injury as a result of their employment. Because of this, it is also possible to fall victim to compensation fraud no matter your field or location. The following steps can help you prevent such fraud from occurring:

  • Have mandatory comprehensive safety training for all employees, which will not only help prevent accidents but it will also give all employees and employers the knowledge necessary to initially assess the validity of a workers’ compensation claim.
  • Have equipment readily available that helps with physical tasks that are particularly strenuous, such as lifting items over 35 pounds in weight, which will give workers the ability to make safer choices, producing less opportunity for fraudulent claims.
  • Take efforts to adequately educate your employees on the negative impacts of workers’ compensation fraud. This can effectively discourage workers from negatively impacting the business as a whole through fraudulent claims.

These simple steps can prevent accidents and the opportunity for accidents in the workplace. This can help decrease the chances for a false workers’ compensation claim to be filed. However, if you do have an employee make a claim for compensation you believe may be false, it is imperative you have legal assistance in order to protect your rights and the interests of your business.

The Advantages Of Hiring a DUI Lawyer Versus Defending Yourself

Getting DUI or a DWI can be a very costly thing, and can become more burdensome if you do not hire a competent attorney that is skilled in these matters.

It is important to hire an attorney who knows his or her way around the DUI courtroom because this person is most likely already familiar with the courtroom which you are about to spend a lot of time in, and possibly the police officers and judge as well. Having this upper hand can help for the process to flow smoothly and with the least amount of bumps as possible. Even if you do not want to end up going to a trial, a knowledgeable attorney is needed in making things go as quickly as possible with the least amount of jail time and fees added onto your sentence.

Having an experienced DUI lawyer is also beneficial because they know the ins and outs of DUI law. These attorneys know the best way to present the evidence in court that makes your case look as minimal as possible. Field sobriety tests are not fail safe and once a lawyer knows how to present it to the court, they can put question into the mind of the judge as to whether the field sobriety tests, or even the breathalyzer, were accurate.

Trying to refute a DUI charge on your own can be very difficult because a layperson does not have the vast resources that a skilled attorney has. A competent DUI attorney will have a list of possible expert witnesses that have been used to show or refute the accuracy of blood or urine test results. This is something that an everyday man would not be able to find on his own with ease. If there is an accident that is also involved with the case, the lawyer will also have other expert witnesses that will be able to recreate crash areas and identify things such as skid marks and impacts. Many times a DUI can come with additional worrisome bothers, and having a competent and prepared lawyer can be key.

The idea that an attorney will be incredibly more costly than the outcome is usually a big mistake made by many people who are not familiar with the courtroom. It is really best to hire a skilled attorney so in the end of everything you do not have any regrets as to what happened in your case. A lawyer may cost what seems like a lot up front, but their knowledge and experience in the DUI courtroom can save you a lot of headache and money in the long run. Many people who choose to represent themselves on DUI cases leave the courthouse saying that they should have hired a lawyer to protect their rights in the first place.

Visa Application and Online Help

Visa is a sign that a person has the right to enter a specific country. Visa is given by the official Immigration Service who allows the access through an authorization which is a document which needs a stamp that you’ll discover on the applicant’s passport. Some countries do not need a visa in some circumstances, as the result of reciprocal contractual agreements. In some countries where visa is considered a necessary condition, the validity of this document has to cover the stay.

Some can issue visas on arrival or by prior request to the embassy or consulate, or sometimes through a special travel agency with rights of the issuing country of departure. If the countries have no embassy or consulate, then we could travel to a third country and obtain a visa issued there. If the applicant needs a visa or if he doesn’t, it depends on his nationality, the expected length of stay and the activities that the applicant can carry out in the countries he visited, which may set different formal categories visas with different issue conditions.

There are many restrictions and many details which some cannot understand so you have to take into account that some categories of people cannot go and apply for a visa. In that case there might be someone who can help them or just any one who can get them visa for the sake of some extra money. Following this process, somebody else gets the visa for you on your behalf. Such agencies are growing day by day in the world but there are very few of them which offer you such kind of service with a great quality, speed and at the pocket rates as well.

When we open our computer and navigate on the internet we can find many online visa service providers who help us to avoid the long lines of immigration offices and embassies. This kind of agencies offers you a visa to different part of the world: for example, they can offer you the USA esta, Indian visa, Thailand visa and some other kind of visa. And moreover application for visa at these sites is so simple that you just have to fill in some forms and submit the details and document they ask from you and once you have done they will mail you your visa and you can enjoy your trip with full enthusiasm and relief.

So if you are planning to go out from the country and want to avoid the long trails and procedures for visa application then you shouldn’t worry, just clicks on our site and submit your necessary details and your visa will be available to you with no headache.

Delivering Court Documents Is Time Sensitive

The legal system is characterized by an enormous amount of paperwork. A single court case may involve dozens of different forms and hundreds of pages of supporting documentation. Completing and filing court documents are challenges in themselves and getting these documents to the filing authority in a timely manner is imperative. Consider the many different types of documents that courts require and explore the best delivery methods.

Types of Court Documents

Bankruptcy documents, traffic violations, and forms regarding civil and criminal cases are among the most common documents processed by local courts. Lawyers may be involved in the process and this complicates document delivery because these attorneys, not the clients they represent, may submit the paperwork to the courthouse. Lawyers are busy, so they often use courier services.

Criminal, land, or case records may be retained at a state level. State court cases may require the parties and their lawyers to travel hours for hearings. Documents initiating or supporting a case in state court may be sent using same day delivery to ensure that they reach the state courthouse by the filing deadline. This service may be available online or via telephone at no extra charge.

Security when Delivering Court Documents

Documents used for legal purposes typically contain personal information. This includes the name, address, birth date, and Social Security number of the filing party. It may include background information, names of other involved parties, and personal financial information. These are details that no one wants to fall into the wrong hands, making it important to choose a reputable delivery service.

If documents are not delivered to a court on time, the court cannot proceed with the case. Delivering court-mandated documents quickly prevents repercussions that range from financial penalties to jail time. The process of serving legal documents on another individual must adhere to several guidelines. In each of these situations, maintaining confidentiality during transport ensures that unauthorized individuals do not view the documents.

Anyone who deals with legal documents that will eventually reach a court should consider the delivery options. The best method gets the documents to their intended destination quickly and without a security breach. Time is usually of the essence, making it important to choose a reliable carrier known for handling legal documents. Though many documents eventually become public record, most jurisdictions require the individual to authorize the release of such information, making it important that the delivery service maintain confidentiality until this time.

How To Handle a Memphis Traffic Ticket

If you’ve gotten a speeding ticket in the Memphis, Tennessee area, you may be wondering how to go about handling it. Do I just send in the payment? What happens if it goes on my record? Should I go to court and fight it? How many hours out of my day is that going to take? Can a lawyer help me? This article will answer those questions.

Traffic violations in Memphis are governed by the laws of the Tennessee Code Annotated. Traffic violations are found in Title 55 of the Code, which regulates motor and other vehicles. Most traffic laws are in chapters 9, 10, and 11, which cover rules of the road, vehicle equipment, and accidents, crimes, and penalties.

Memphis traffic tickets are handled at the criminal courthouse, located at 201 Poplar Avenue in downtown Memphis. City traffic tickets are assigned to Divisions 1, 2, and 3, while Shelby County tickets are assigned to Division 14 on the second floor. City tickets simply mean tickets that are issued within the city limits by Memphis police, while county tickets are issued outside city limits but within Shelby County, usually by Sheriff’s deputies.

Will your traffic ticket go on your record, causing you to pay more in car insurance? It depends, but if handled properly there is a chance that it won’t. If it’s a city of Memphis ticket, and the infraction is a minor one such as speeding 10 miles an hour over, improper passing, seatbelt violation, or an accident with no injuries, the ticket will generally be dismissed with payment of court costs. Court costs for Memphis traffic court are $130. More serious offenses may have to be tried. If the traffic violation goes on your record it could result in higher insurance premiums, though it depends on how many points are on your record. If you have too many points on your record over a 12-month period, you could lose your license.

Shelby County tickets also require payment of court costs, but to be dismissed you will have to attend defensive driving school (usually a four-hour course that can be taken online). The case will be reset six months for you to take the course and get a certificate, and you will also be placed on driving probation during that time. That means no more traffic tickets. If you get another ticket during the probationary period, the deal goes away and you must either plead guilty or go to trial.

Germantown traffic tickets are handled similarly. Tickets in Germantown are heard at the Germantown city court, located on 1930 Germantown Road South in Germantown, Tennessee. Tickets may be set off for six months and, with no more tickets in that time, dismissed with payment of court costs.

You may be wondering if you have to go to court to get your ticket dismissed. You do not if you hire an experienced Memphis traffic ticket lawyer to handle the case. Hiring an attorney for your speeding ticket or other violation can take out all of the stress and waiting. If you choose to handle it yourself, you’ll have to go downtown, park, wait in line to just get in the courthouse, then wait in line to go into the courtroom to see the judge. This will take hours. You may be anxious about going to court. You may be worried about saying the wrong thing, or the judge simply finding you guilty. With an attorney on your side, this will not happen. You do not have to take off work or set aside half a day to wait at court. Your lawyer will go to court for you and insure you get the best outcome possible, which in many cases will be a dismissal.

How to Protect My Online Reputation – An Easy Guide

The Reputation Shock

A 60 years old English entrepreneur who spent his entire working life building up his reputation as a serious, noticeable business man has woken up one morning to find himself staring at his computer screen with disbelief. A life-long customer referred him to the search results against his store chain as they appeared on the first page of the Google search engine. Page after page, result after result – website visitors were being discouraged from shopping at any of his stores. The chain’s customer services was described as appalling and the business practices as dishonest. 35 years of solid rock reputation have been tarnished literally over night. Lie after lie, allegation after allegation. 3,4,5 different websites all of which seemed to have been devoted to ruining him company and his reputation.

Scores of internet surfers appeared to have left their comments on each of the tarnishing websites. The stories were very damaging and were likely to catch the attention of the off line media with possibilities of articles appearing in national newspapers. This was the point where the veteran business man suddenly had woken up to the fact that the world has changed and that negative comments by whoever it might be could destroy life-time work almost overnight.

This very successful, somewhat old fashion business man used to be in control during his entire business life. Now it appears he wasn’t any longer. So he called his trusted lawyer for the past 25 years who admitted, this was a new territory for him too. “The normal legal tools” the solicitor said “might not work in this case”. “In fact the normal legal tools might actually exacerbate the situation further”, he lawyer added. “This is the unknown land” he told his client, “We need to tread carefully”.

Watch Your Back!

A client of my Internet law firm, a small international book publishing company had woken up one morning to discover that she had no reputation or business left. A competitor in what is already a tough market had been conducting a negative campaign about her company for a few months now with the aim of getting her out of business.

This case ended up in the High Court where despite what the Judge said, my client was left with a tarnished reputation which had in effect blocked any subsequent attempt by her to get back into the same line of business.

So What Does This Mean To You?

On average they say, 1 in 5 happy customers will put a good word about you to one friend or one relative, perhaps earning you business this way. 1 unhappy customer on the other hand will tell between 5-10 people about his bad experience which means that bad news travel much faster than good news. No matter how much effort you put into good PR with your clients and employees, one bad experience can ruin the whole lot. Can you do anything about this? Sure! This is what you need to do: As a starting point, follow these 3 steps. They will reduce the risk of online damage to your reputation.

They are general good business practices too so don’t delay and start implementing now. The 3 steps that you need to take are:

Preventing

Listening

Influencing

Preventing:

Learn to treasure complaints. You don’t need an internet lawyer to tell you how important it is for you to respond to complaints quickly and to avoid procrastination. Follow each complaint through with a view of satisfying your customer’s anger and frustrations. It is a fact of life that complaints stay in the family for a very short time and if not resolved promptly, there is a risk that any griavance could end up being exposed to the entire world. Don’t ever be defensive. If you are in the wrong, simply admit to it and make amends.

Initially, all that your unsatisfied customer desires, is for you to put things right. Later on your customer’s goals might change, and revenge could become their new desire. By this time, you might have lost control over the whole situation which leaves you valuable to online attacks on your reputation.

Listening:

Read and hear what your customers are saying about you. Search the internet for your company’s name and brand using the normal Google search engine as well as Google Blog Search or any other free search tools that are available online. This will reveal to you many of the blogs and discussion groups where your company’s name has been mentioned. This is what your customers will see when they search for your company. Hopefully you will not find anything alarming and in such case you should continue monitoring these websites and discussion groups.

But if you do find unpleasant comments, this is still not the end of the world and there is plenty that you can do to repair the damage.

Influencing:

You can actually influence what your customers see when they search for your company online. Try to get involved in online discussions and post articles and comments online using various methods such as blogs, discussion groups websites and more. Whenever you find negative comments about your company, join the discussion by introducing yourself and try to put things right. Don’t simply stay away and hope that this will just disappear because it won’t. If you feel that the situation is getting slightly out of control, get expert advice on internet law. Internet lawyers provide constant monitoring of your reputation and offer can give you good practical advice on how to form a strategy to combat online attacks on your reputation and how to protect your online reputation through the courts of law.

There are other companies out there that provide tools which aim to remove unkind web pages from the first page of Google Search but using those companies must be your very last resort because they are not cheap and in some cases tend to require long term monitoring and management.

An internet law expert also can help you manage your online reputation by using verious legal tools which have proved time and time again to be extremely effective.

The Ins and Outs Of Real Estate Law

Are you looking for more information on real estate law? If so, you have come to the right place. Throughout this article we will speak about what real estate law is, as well as what a real estate lawyer can do for you.

Let’s begin our discussion by defining real estate law. This is a very broad legal area that covers both federal and state statutes, as well as common law, and deals with any legal issues surrounding real estate and property. Some areas that this law cover are the rights of homeowners, renters, and tenants, property rights and interests, buying and selling property, and landlord and rental properties. Many laws differ from state to state, making real estate law quite complex.

Whether you are buying or selling a home, a lawyer is important to your quest. While a realtor will be the one to help you find the right house or the right buyer of your house, a lawyer will review any offers and contracts to make sure that your rights are being protected and that all of your duties are clearly outlined and defined.

How can a lawyer help if you are buying a new home? If you are buying a new home a lawyer can help you to understand your contract to ensure that you are comfortable with everything outlined within it. They will also help to prepare and register all legal documents, a task that can be very time consuming if one tries to do it on their own. A lawyer will also clarify the terms of your mortgage and help assist with your banking mortgage. They will also read over all closing papers, arrange for insurance protection, and ensure that you receive a valid registered ownership.

Not only can a lawyer help you in purchasing a new home, they can also help you to sell your home. When selling your home, a real estate lawyer will help you to prepare the sale agreement, as well as the deed and power of attorney. They will also attend to the closing papers, arrange for transfers of security deposits, and arrange for insurance certificates. Most importantly, a real estate lawyer will help you during each process of selling your home and deal with any issues as they arise.

If you are interested in buying or selling your home it is important that you contact a lawyer to help you through the process. Lawyers can cost anywhere from $500 to $1500 (on average) but are well worth the cost as they save you a lot of time and stress. Search for a real estate lawyer today and ensure that, whether buying or selling a home, all of your rights are protected.

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