May 21, 2019

Trademark Identity Theft

Trademark Attorney Chicago, IL

After you have spent years dreaming, creating, designing, and finding the perfect symbols, designs, and words to represent your business, you go online or are watching television and you see your company logo on the screen. When you start to really study the logo, you realize that it is not actually your logo, however it is something that looks very similar to yours. What are you supposed to do in that situation?

Companies are identified by the brand they have created. A brand is the symbol and words that link specific services or products back to the company. Many company owners pass over their trademarks’ true value and because of this do not pay a lot of attention to keeping them protected. Trademark protection impedes others from making a profit off the goodwill and brands that companies have created for themselves.

Many company owners incorrectly assume that if they just create a new company entity in their own state, it is legal enough to protect their trademark for that name. Unfortunately, these company owners typically find out the hard way that this is just not the case and they should have registered their trademark. Sometimes just using the trademark provides a very limited protection for the trademark. However, it is very effective and worth consideration to file for state or federal trademark protection. While very few companies decide to file their trademark applications at their state level, most companies do file for protection on the federal level and with the US Patent and Trademark Office so their trademark can be protected in a broader geography.

The top keys to protecting your trademarks are:

 

  • Monitoring your trademarks in commerce. A large amount of today’s trademark theft comes in a electronic manner. It is important to monitor the internet for potential infringement by searching occasionally for your trademark. However, it is also important to remember to check paper publications for potential trademark violations.
  • Pursuing true infringers. It is important to make sure it is a true infringement if you encounter a potential infringer. Companies are able to have the same name if that company sells services or goods that are entirely different from yours. If it is actually an infringement, you will need to put the infringer on notice, which usually happens by a cease-and-desist letter. If it does not do anything else, a cease-and-desist letter may open a dialogue to amicably resolve the situation. If sending a cease-and-desist letter doesn’t fix your problem, you will need to determine how much or your time and money you are willing to spend fixing this problem.
  • Maintaining the trademark registration. These registrations are maintained through usage and by ensuring you have filed the correct post-registrations documents. While your first federal registration term is for a full ten years, you will still have to file proof of continued use after five years after your registration was granted. You can renew a ten year team for another ten years if you file for a renewal in the ninth year of your registration.

 

As your company grows and changes, the symbols and words that represent your company may also. Registering your trademark with the help of a trademark attorney in Chicago, IL from The Law Offices of Konrad Sherinian only protects it as it was originally registered. If you change your trademark during the years, you will need to create new applications. It is important to remember to protect your company’s assets, especially your identity, your trademark.

May 20, 2019

What Business Assets Should be Protected as Trademarks?

Trademark Attorney in Chicago, IL

If you are a business owner, you have probably created some type of valuable intellectual property that should be trademarked. Many business owners are not quite sure what a trademark actually is. Should they get a trademark, which is used in reference to products or should they get a service mark, which is used in references to services a business offers? What can make things even more confusing is that word trademark is often used to reference both products and services because federal IP laws apply to both.

If you would like to find out more information, contact a law firm to speak with an intellectual property attorney to find out how they can help. In the meantime, the following is a brief overview of intellectual property law.

Trademarks

Trademarks make it easy for consumers to recognize a businesses’ brand when they see it. A trademark can include words, graphics, or both. Some of the things that can be trademarked include:

  • Words (Apple, Pepsi)
  • Phrases (Hakuna Matata – from Disney movie)
  • Symbols (Golden arches – McDonalds)
  • Combination of words and symbols
  • Color, scent, or sounds if it does not have any functional purpose other than to differentiate the brand and the business can prove that the public strongly associates that item with the brand (The three-note chime from NBC, the scent of Play-Doh)

It’s important to note that when it comes to trademarks, you cannot just trademark generic words such as television or banana. This may lead you to ask how Apple was able to obtain a trademark on the work Apple. You can’t trademark a work if it is in reference to a particular brand or type of an apple, but you can trademark the term Apple for a type of product that is vastly different from a category of fruit. This is what Apple did when it obtained its trademark on its computers. There are stringent guidelines that Apple is required to follow. For example, they can say “Our company sells Apple computers,” but they cannot say “Our company sells Apples.”

Contact a Trademark Attorney

If you have a name or symbol for a product or service for your business, you should consider registering it as a business trademark with the US Patent and Trademark Office. Although this registration can be a complicated and long process, doing so provides your company with the legal protection you need from competitors who may try to copy your products and steal your business.

A trademark attorney in Chicago, IL has extensive legal experience in intellectual property law and can help you obtain trademark protection, as well as defend against anyone who attempts to infringe on that trademark.

Contact The Law Offices of Konrad Sherinian, LLC for their insight into intellectual property and what business assets to protect with a trademark.

May 20, 2019

Hit By an Austin Cab Company Driver: What to Do Next

Car Accident Lawyer

If you’re a city driver, then odds are you see a lot of cabs. While cabs are normally convenient and useful, accidents still happen. Even with the most experienced and careful drivers, even one second of negligence can lead to an accident. So, what can you do if an Austin Cab Company driver hits you? Here is what you need to know about filing a personal injury suit if you’re injured in an accident involving a taxi driver.

Gathering Information on the Scene

If you suffered any injuries, then your first line of action needs to be to get yourself medical care. If you can wait until after you gathered action, feel free to wait, but never skip out on medical attention. Even if you feel fine, it could simply be the adrenaline. A lot of victims in car accidents report feeling fine until they get home later on, in which case, the pain from the injuries begins to surface.

While on the scene, if there are any injuries or if there is any damage to your car, then it’s time to take pictures of the accident. Take pictures from all angles and talk to those that witnessed the accident. You should also exchange information with the driver, take down license plate information and make sure that you have as much information about the accident as possible.

Determining Who Is Liable

While it’s best to discuss liability with your lawyer, there are some basic things to note about liability when it comes to cab companies. If a driver is negligent in an accident involving a cab, then the company is responsible for the accident. Now, if both drivers are at fault, then the company may only pay a partial amount, but the company has to cover the cab driver.

Contacting an Attorney

No matter who is liable in a car accident, it’s crucial to contact an attorney. You may want to talk to a lawyer before you contact the insurance company. Your lawyer will give you advice on what to say, to ensure that the cab company’s insurance does not twist your words. An attorney can walk you through the process of filing a claim and how to carry yourself in regards to the other insurance company.

If an Austin Cab Company driver has hit you, there are options available. While you should handle it similarly to a normal car accident, keep in mind that the cab company is liable. This will change whose insurance you file the claim against. To understand your case better, contact a car accident lawyer in Milwaukee, Wisconsin today!

Thanks to Hickey & Turim, SC for their insight into personal injury claims and car accidents involving cabs.

April 17, 2019

Designer Pot: Who Benefits? What Are the Risks?

Long ago, it was glamorous in a movie for the lead characters to blow clouds of smoke.  If advocates of designer cannabis get their way as Federal and State regulations of the drug for medical and recreational purposes are loosening, it can become more socially acceptable to smoke pot.  Marketing experts are using a variety of flavors and mixers to create the type of cannabis with THC, the addictive chemical, removed: CBD oil. This product is legal to be sold to those 18 and older in most states now without a doctor’s order.  CBD oil is said to help with anxiety, pain, and seizures.Recently the FDA approved an epilepsy medicine, Epidiol which contains CBD that is pharmaceutical grade.

 

But there are risks we are not yet aware of with vaping of CBD and cannabis. A recent study found e-cigarettes in a lab test contained ten times more cancer causing substances (due to plastic burning) than regular cigarettes. People can vape nicotine, flavored gas, CBD Oil, or drugs like cannabis.  One device, a JUUL, looks like a flash drive and makes vaping easy and portable.

 

Many health experts have a variety of concerns about marijuana. It is often laced when bought from street dealers with club drugs or ones that triggers paranoia or psychosis.  Several studies have shown the stronger strains in recent years could be habit forming, even though the drug is classified not as physically addictive like opiates but psychologically habit-forming.  

 

Another study showed a drop in IQ (measure of intelligence) several points with regular use.  Other experts point out often regular users of cannabis develop lung cancer or lower their motivation to attend work or school.  Some gain weight from the effect of the drug to increase appetite.

 

This is where those attempting to genetically modify strains of cannabis come in.They claim they will be able to maximize the positive effects and lower the negative ones in order to create a “designer” drug experience.  

 

They are trying to make strains of cannabis that would be vaped, tinctures in oil or edibles to put in gourmet foods and drinks with the claim that some promote deep relaxation, others euphoria or a type of enhanced mood or spiritual feeling of connectedness.

 

If you’ve been injured by pot, a personal injury lawyer Naperville, IL trusts can help. Call today.

 

Contact The Law Offices of Konrad Sherinian, LLC for more insight into designer pot and personal injury.

 

April 15, 2019

Pedestrian Fatalities Have Increased

Pedestrian Accident Attorney

Governors Highway Safety Association (GHSA) found that the number of estimated pedestrian deaths in 2018 reached a 28 year high. You have to go back all the way to 1990 to find a higher pedestrian death total.

A report by GHSA found that 6,667 pedestrians were killed in motor vehicle crashes in 2018, a four percent increase over 2017. Progress has been made to reduce traffic fatalities as a whole over the last decade, but pedestrian deaths have risen 35 percent. Vehicles have become safer, but pedestrians don’t have the same armor to protect them. This alarming statistic has state and local officials looking for solutions to reverse the trend in pedestrian deaths.

Several contributing factors have been identified, including the increased use of SUVs and trucks, because of their size and weight they are more likely to injure or kill a pedestrian. Passenger cars still account for the majority of pedestrian deaths, but SUVs generally cause more serious pedestrian injuries, and are growing as a percentage of registered vehicles.

Unsafe driving behaviors like speeding, drowsy or distracted driving, use of phones are also to blame. Five times the number of smartphones were in use in 2018 compared to 2009.

Alcohol use continues to be a problem. Half the crashes that ended in pedestrian fatalities in 2017 included either a driver or pedestrian who were impaired by alcohol.

Population growth also means that more people are on the street. The 10 states with the highest population growth from 2017 to 2018 had an overall 5 percent increase in the number of pedestrian fatalities. High speed, high volume roads, sprawl, and pedestrians are not a safe combination.

The GHSA reports that a majority of pedestrian deaths happen after dark, and those numbers are rising. From 2008 to 2017 the number of nighttime pedestrian fatalities increased by 45 percent, compared to a much smaller 11 percent increase in daytime pedestrian deaths.

Officials believe there are a range of law enforcement, infrastructure, engineering and education that can reduce pedestrian deaths. In New York City, there are efforts to redesign particularly dangerous streets, reduce speed limits and give pedestrians a head start when crossing at intersections.

The Pedestrian Danger Index ranks the most dangerous cities for pedestrians per capita. Florida cities had 8 cities place in the top ten. In response to their high pedestrian fatality rate, the state of Florida has invested $100 million to improve lighting in approximately 2,500 locations throughout the state to make it easier to see pedestrians crossing the street at night. Technology can also help, in 2018, Subaru’s collision- avoidance system, EyeSight, led to a 35 percent reduction in pedestrian-related insurance claims.

An experienced pedestrian accident attorney Phoenix, AZ trusts should provide a free consultation to an accident victim, and legal options and remedies can be discussed.

Thanks to the Law Office of Paul Englander, PLC for their insight into personal injury claims and pedestrian fatalities.

March 15, 2019

Wrongful Death Claim Filed Over “Cops” Crew Member Death

Wrongful Death Lawyer

Police in Omaha, Nebraska, had long resisted efforts from the famous COPS television show to film in the city and follow their offices. However, according to the Omaha World Herald, Chief Todd Schmaderer had a change of heart in mid-2014 because his officers had taken part in an embarrassing incident. (https://www.omaha.com/news/courts/city-of-omaha-in-court-over-wrongful-death-lawsuit-involving/article_0659daec-4f50-56a1-afd9-ae757d790923.html)

While the chief did not identify the event at the court hearing in the wrongful death case of COPS crew worker Bryce Dion, many believe it was the event in March 2013 in which an officer was seen manhandling a driver after towing his vehicle away, and other officers were caught chasing the driver’s relatives into a house on video. The chief, who tried to fire all six officers involved in that scandal, said in court that he just wanted people to see that his officers were better than what was seen in that case.

Unfortunately, his decision backfired. In August of 2014, 38-year-old COPs crew member Bryce Dion died when Omaha officers opened fire on a person robbing a fast food establishment.

Now, Dion’s family has brought a wrongful death claim against the City of Omaha, with the courts deciding whether the city bears liability for the crew man’s death.

The family’s legal representation says the city and police department failed in their duty to protect the crew member, who was not harmed when they responded to a call. They also allege the officer who accidentally shot Dion should not have been shooting at the fleeing robbery suspect in the first place.

Three police officers fired 36 times at the suspect after he pointed a gun at them and fired. Although the officers didn’t know it at the time, it turned out all the suspect had was a pellet gun.

Dion had been with the two officers involved in the shooting, and he had taken cover near the fast food restaurant’s entrance when shots were being fired. One of the officer’s bullets hit the crewman in his armpit, an area the bulletproof vest he was wearing did not cover.

The city is disputing it was responsible for protecting Dion, arguing that he knew the inherent risks of his job, which is why he was wearing the vest. They also allege he had at least eight seconds to leave the fast food eatery but decided to stay.

According to the city’s attorney, the officers had to fire at the robbery suspect because he fired at them several times, and they did not know that Dion was in the vestibule behind the suspect at the time.

In court, the chief said he did know there was a chance of injury or death to any person who rode with his officers. Before this, no one had been killed in the 20 years the show had been on air, although there were some injuries.

The family’s attorney says there was close to a minute between the robbery call and the arrival of the officers, which means the two officers with Dion had time to tell him to stay in the car given the violent nature of the crime.

How this case plays out will likely impact other risky reality shows going forward. If you have lost a loved one due to the acts or lack of action by another party, talk to a wrongful death lawyer Denver, CO trusts about your case.

Thanks to Richard J. Banta, P.C. for their insight into personal injuries and wrongful death lawsuits.

March 13, 2019

When Should You Update Your Will

Estate Planning Lawyer

We all know that creating a will is important. It’s your legacy and the way you can support and protect your loved ones after you have passed away. But when is a good time to create a will? And does it need to be updated or is it a document that is a one-time deal? In this article, we will explain if and when you should update your will with the help of an estate planning lawyer Sacramento, CA offers.

Creating a will

Many people believe that a will is something that you create in your later years in life – closer to the time that you will actually need the will. Or they think that only parents or married couples should have wills. But the reality is, everyone should have a will created as soon as they become an adult. Even if you think you don’t have many “assets” to distribute, it is still important to have a plan in place for after your death. None of us are guaranteed tomorrow so it is better to be safe than sorry.

Key things to include in your will are naming who gets what, who will be the guardians of your children (if you have any), and who will execute your will. You can also include any funeral arrangements you’d like your family to make on your behalf. While it may seem morbid at the time, you will be saving your family members the stress of planning a funeral while they are grieving your loss. In order to make a will legal, it just needs to be written and signed by you with a witness who can vouch that you actually created the will.

When should you update your will?

Now that you’ve gone through the emotional process of creating a will and planning for your own death, you are set for life, right? Well, not exactly. A will is a living, breathing document and should be updated after key life events. If you made a will when you were 21 years old, it may not be applicable when you are 45. You may not know the same people or you may now have significantly more assets that need to be distributed.

A good rule of thumb for when to update your will is after key events. This includes the birth of an additional child, a marriage, divorce, accumulation of wealth or property, etc. You wouldn’t want to forget to include your youngest child when designating beneficiaries or forget to exclude an ex-spouse who you would not want dealing with your finances or property. Keeping your will current will prevent any tense situations between family members as well as make sure that all of your property, finances, and other assets are handed down to the right people.

Your will is not something to take lightly and should be a document that is regularly looked at to ensure accuracy. It is not a “one and done” type of legal document but rather one that morphs over time based on things that are happening in your life Ultimately, the purpose of a will is to give you peace of mind and in order to make that happen, your will needs to be up to date.

Thanks to Yee Law Group for their insight into estate planning and when you should update your will.

March 13, 2019

3 Common Causes of Medical Malpractice and What to Do About Them

Medical Malpractice Attorney Naperville, IL

Medicine is not an exact science. If it were, we’d all be free of illness and healthy. And while the majority of healthcare providers genuinely desire to provide excellent healthcare to their patients, medical mistakes occur, and people are harmed, sometimes fatally, by those mistakes. Medical malpractice laws exist to help injured people and protect patients from being hurt.  

Proving Malpractice Can Be Tricky

Physicians and hospitals are likely not going to admit that they committed malpractice. If you would like financial compensation for harm caused by medical malpractice, you will need to prove that you are legally entitled to it. You may need to show two things to have a valid claim for medical malpractice. These include:

  1. Proving that the doctor or healthcare institution’s care deviated from accepted medical standards or practices.
  2. Proving that this deviation from accepted medical standards or practices actually caused the harm, injury, or more severe illness.

Ensuring that these conditions are met can be a complex and lengthy process. An essential aspect of this is securing another doctor or medical expert who can provide testimony proving that standard medical practices weren‘t met.

Types of Medical Malpractice Claims

Medical malpractice can occur in many situations and may take a variety of forms. Three of the more common categories of medical malpractice include.

Misdiagnoses or Failure to Diagnose

A failed or delayed diagnosis is the most common type of medical malpractice claim. Doctors are responsible for correctly diagnosing medical conditions, and it is one of the most important things they do. When doctors fail to diagnose a condition, and it leads to incorrect or delayed treatment, significant harm can result.  

A primary consideration in misdiagnosis malpractice claims is determining whether or not the doctor’s diagnostic procedures were sufficient based on accepted medical standards. This can come down to proving that another doctor under the same circumstances would have done the additional testing and correctly diagnosed the condition. In some misdiagnosis cases, the correct diagnostic testing may have been performed, but it was not done accurately.

Birth Injuries, Labor, and Delivery Malpractice

Birth-related injuries are typically the direct result of medical malpractice by the doctor or the delivery team. A qualified, experienced doctor and delivery team should be able to handle any complications and deliver a baby without harm. Subpar communication and rushed decision-making can often result in injury.

Hospital Malpractice

Hospitals are legally obligated to ensure a certain standard of care for all patients. Consequently, if they fail to deliver a proper level of care and harm comes to the patient, they can be held liable. Hospitals are also responsible for the actions of their employees. If a malpractice injury happens at a hospital, there is a significant chance that the hospital will have some liability.

If you believe you have been injured or sustained harm as a result of medical malpractice, call a medical malpractice attorney Naperville, IL relies on to set up a consultation. Lawyers can review your case and consult with the appropriate medical experts needed to validate your claim.

Contact The Law Offices of Konrad Sherinian, LLC for their insight into medical malpractice and some of the common causes of medical malpractice.

March 13, 2019

Slip and Fall Lawyer FAQ: What should I know about slipping and falling at a school?

Slip and Fall Lawyer

Let’s say you’re late to bring your child to school. You walk them into the front office to explain what happened this morning. Over the night, it snowed so the entrance into the school is especially slippery. No signs have yet been posted. Your child slips and falls on the way in and is crying in pain. After taking them to the doctor, you discover they have broken their arm. If this example scenario sounds in any way familiar, you might be wondering whether there is any legal recourse. After all, not only might you have incurred medical bills, but you may also be unable to work due to having to care for your injured child.

Slip and Falls at School

All states have different premise liability laws, but in general, the owner of a property has a duty to maintain the premises and keep them safe from hazards. Schools are not an exception. A school does have a responsibility to ensure all of the occupants are safe.

Following a slip and fall accident at school or on school grounds you might wonder who can be held responsible. Unlike residential buildings or commercial properties, schools typically do not have an owner. To determine who can be held liable, you will first need to find out whether the school is private or public. Most likely you will know this right away.

Private School Versus Public School Slip and Fall Claims

Private schools have a duty to keep their premises safe. The difference is that unlike a public school, the state will not intervene in the affairs of the facility. If your child slips and falls at a private school, they would almost certainly be responsible for the injuries.

If your child slipped and fell at a public school, this matter may become more complicated. The reason for this is that public schools are owned by the government. In this case, you would likely have to pursue the government for compensation. Unfortunately, this is not always easy because public schools, and government entities as a whole, have special legal protections. For example, there are very strict time limits to file a claim after a public school slip and fall accident. Depending on the state, you may have 30-90 days to file a notice of claim. Due to the strict rules and restrictions, time is of the essence. Even then it may be difficult to win your case. You should consult a slip and fall lawyer immediately.

Proving Your Slip and Fall Claim

Before you can sue the school for a slip and fall, there will need to be some answers to questions such as:

  • Did the school create a hazardous condition which was ultimately the cause of the accident?
  • Was the school in need of maintenance or repair?
  • Should the school have known about the hazardous condition?
  • Did the school warn the occupants about the condition?
  • Was there enough time to have known about the hazard, and address it?

In addition to the answers, evidence will be a vital element in a school slip and fall case. Photos of the scene, medical records, or witness testimony can be advantageous to prove and win your case.

A Slip and Fall Lawyer is Crucial

Slip and fall accidents at a school can be devastating. Whether you or your child fell at school, it is advisable to meet with a slip and fall lawyer Milwaukee, WI offers.

Thanks to Hickey & Turim, SC for their insight into personal injury cases and what you should know about slip and fall injuries.

March 11, 2019

Utah Lowers Its’ Blood Alcohol Content (BAC) Limit

Wrongful Death Lawyer

Utah now has the lowest legal blood alcohol limit in the United States, with passage of a law that lowered the legal limit of Blood Alcohol Content (BAC) from .08 to .05. Should serious injuries or a fatality occur as a result of a drunk driver, a wrongful death lawyer Gilbert, AZ offers may be able to help the victim’s family.

The National Transportation Safety Board has recommended a 0.05 BAC since 2013, Utah is the first state to adopt this standard. While this controversial law puts Utah at the lowest legal BAC level in the United States, Utah actually has company worldwide. A .05% BAC legal limit is found in most Western European countries.

Lowering the limit has placed opponents in the tourism and hospitality industry against the backers in the health and transportation fields. Proponents state that it will save lives by deterring people from drinking and driving.

Many businesses are concerned about how this will affect them. There was an ad campaign that warned tourists visiting Utah stating “Come for vacation, leave on probation.” Restaurants and hotels are worried that the lower limit will scare people away, they worry that conventions will stop booking in Utah.

The National Highway Traffic Safety Administration states an average 160-pound man would be considered legally drunk under the new law after drinking just two drinks in one hour. The American Beverage Institute says that a 120-pound woman can reach .05 with little more than one drink. The group argues that at that level, a driver is less impaired than a driver talking hands-free on a cell phone.

The American Beverage Institute states that this law targets moderate, responsible, social drinkers and it doesn’t target the high BAC “hardcore drunk drivers” who cause the majority of alcohol-related fatalities.

In Arizona, the legal limit for drunk driving is .08% blood alcohol content (BAC).  In the event of serious injuries or death caused by a drunk driver a wrongful death lawyer Gilbert, AZ trusts can advise a victim’s family concerning legal rights and remedies.

In Arizona, the general rule is that a wrongful death claim may be brought by a surviving spouse, child or parent of the decedent, on behalf of the spouse or children, or parents of the decedent. The amount of damages that a surviving spouse, parent or child may recover will vary from case to case.

Under A.R.S. § 12-613 wrongful death damages that are considered include the following:

  • The loss of love, affection, and companionship since the death of the decedent and in the future.
  • Pain, grief, sorrow and mental suffering experienced since the death, and in the future.
  • Lost income as a result of the death.

A wrongful death lawyer Phoenix, AZ trusts should be consulted following injuries or a fatality caused by a negligent or drunk driver, a free consultation should be provided, there should be no fees unless a settlement is obtained.

Thanks to the Law Office of Paul Englander, PLC for their insight into personal injury claims and DUI accidents.