Archive for the ‘Property Law’ Category

Intellectual Property Law

Saturday, December 26th, 2009

Intellectual Property Law can be quite confusing at times. Copyrights, trademarks and patents all have a role in protecting your hard earned content and knowing their role is half the battle.

Intellectual property in itself refers to the creations of the mind, including such things as: artistic works, literary works, inventions, names, images, symbols, and designs used in commerce. In other words, the intellect that is the possession of an organization or an individual is considered intellectual property.

Intellectual property is divided into two categories, copyrights and industrial property.

Copyrights give the authors of an exclusive work, exclusive rights to that work for a limited amount of time. Copyrights cover such literary and artistic works as novels, poems, plays, films, songs and other musical works, artistic works (drawings, paintings, sculptures and photographs) and architectural designs. Copyrights, which must be renewed periodically, allow the creators of a piece of work, the opportunity to benefit from that piece of work.

Industrial property includes patents, trademarks, industrial designs and geographic indications of source.

Patents give the inventors of a new product, a certain (limited) amount of time in which he/she may prevent others from making, selling or using the invention without authorization.

A trademark is an intellectual property protection which is used to protect the distinctive features that distinguish one product from another. Those features can include such things as: symbols, colors, brands, names, sounds, smells, shapes, and signs.

Fortunately, Intellectual property laws benefit the creator of a property, by rewarding that creator for his/her innovation and creativity. Also, society as a whole benefits from intellectual property laws, by the fact, that these laws encourage creativity, therefore allowing the rest of us to benefit from the wide range of products and services that are produced.

Any violation of a trademark, patent or copyright could constitute the grounds for an intellectual property lawsuit. If you feel that you have been victimized it would be wise to consult a qualified attorney in your area. Find an attorney or law firm, which specializes in intellectual property law. Know your rights and protect them accordingly.

By: Joe Regan

About the Author:

You are welcome to reproduce this article: Intellectual Property Law as long as a live link to www.hugesettlements.com is provided.

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General Property Issues Related to Divorce and Family Law in California.

Tuesday, November 24th, 2009

Community Property

California is a community property state. All property that is purchased or acquired during marriage, or transmuted (converted) to community property during marriage is community property.

The husband and wife in a marriage, each own an undivided one half interest in all community property of the marriage.

Community property is not divided, unless divorce proceedings are initiated, or upon the death of either the husband or wife.

Community property can be either real property or personal property. Community property can also be businesses, pension plans, or any other type of tangible thing that is acquired during marriage.

Community property is ordinarily one of the major issues involved in divorce actions.

Quasi Community Property

Quasi community property is property that is acquired outside of the state of California during marriage. Although married couples may have purchased property in a state that is not a community property state like California, the property will basically be treated as though it were community property for purposes division in a divorce action in the state of California.

Businesses

Businesses that were started during a marriage are community property.
In some instances a person may have owned an existing business before they were married, and continue the business after marriage. In a divorce action, the courts will allocate a percentage of value to the business “after marriage” to determine which portion of the business is community property.

If you owned an existing business before marriage, it is extremely important for you to consult with an attorney in a divorce action as soon as possible.

Pensions

Any portion of Pensions, IRA’s, 401(k) s, Retirement plans, etc., that were contributed during marriage are community property.

Ordinarily the funds from pension plans are not obtainable until the pension plan vests and matures. Therefore special orders are necessary from the court so that each party is able to get their portion of any retirement plan after it matures and vests. These orders are ordinarily called qualified domestic relations orders or QDRO’s for short.

Obviously parties to a divorce have a vested interest in ensuring that they get their fair portion of any pension or retirement plans after a divorce.

Community Income, Bank Accounts, Stock, and Investments

All income earned during a marriage is considered community income. This is true even in one of the parties to a marriage earns money in a business that was theirs prior to marriage. Community income is the same as community property, in that each party owns a one half undivided interest in community income.

Each party to the marriage has a right to spend and use community income, even if they are not the one that earned the money. However, after legal separation or the initiation of divorce proceedings, parties may only use community property for the necessities of life and to pay their attorney.

Likewise, any bank accounts, stock, and/or investments that are acquired during the marriage are also community property. This is true even if the bank account, stock, and/or investment is only in the name of one of the parties.

Some parties try to secret money into separate bank accounts during marriage, and/or hide assets there were acquired during marriage from the other party.

If you are a party in a divorce action, you have what is called a fiduciary duty of disclosure. What this means is that you must disclose all assets, bank accounts, and other of the investments that were acquired during the marriage to the other party. If you fail to fully disclose your assets and/or income to the court and the other party, the court could severely punish you.

You may have read about the case where a wife won the lottery, and then initiated divorce proceedings against her husband. She failed to inform the court and her husband about the fact that she won the lottery. As punishment for her failure to disclose the fact that she won the lottery, the court gave her husband the entire amount of the lottery winnings.

Separate Property

Separate property is all property that was acquired before marriage; during marriage by devise, will, or inheritance; and after legal separation. The proceeds from a personal-injury judgment or settlement are also separate property, even if they were received during marriage.

Upon the court making a finding that property is separate property, the person owning said separate property will leave the marriage with their separate property.

Separate property can be transmuted (converted) to community property by intent, or by inadvertence. For instance, a party may have a separate bank account before marriage that would be considered separate property. If the party then takes income that was earned during marriage and deposits that money into their separate bank account, they may have by inadvertence converted that bank account to community property.

Obviously, parties in a divorce proceeding will most likely want to keep their own separate property after the divorce is over. It is very important for you to contact an attorney with regard to the issue of separate property to ensure that you get to keep her separate property after the divorce.

If you are contemplating filing for divorce or are presently involved in a divorce proceeding, you may call our law firm for a free consultation at 818-739-1544 ext. 10, or go to our family law website at http://www.divorce-legal.net .

By Norman Gregory Fernandez, Esq., © 2006

By: Norman Fernandez

About the Author:

Norman Gregory Fernandez is a California lawyer who handles many types of legal matters. You can reach him through his website at http://www.norman-law.com

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Commercial Litigation – Commercial Law – Commercial Property – Sale of Contaminated Land

Tuesday, October 13th, 2009

The case of Lambson Fine Chemicals Ltd v Merlion Capital Housing Ltd [2008] involved fraudulent misrepresentation and deceit in a commercial contract case for the sale of land. The claimant in this case was a company that specialised in chemical manufacture and production.

The land which was sold by the claimant was a 40 acre site (“the Property”). The claimant had owned the Property for many years, and subsequently sold it to the defendant. However, the claimant then leased the Property back for around 15 months in order to carry out a number of demolition projects.

Part of the purchase price was retained by the defendant. The claimant subsequently commenced proceedings for the outstanding sum of money.

The defendant argued that it had entered into the sale agreement with the claimant in reliance upon a written representation made by the claimant as to the extent of the chemical contamination at the Property. It contended that the written representation was fraudulent due to the fact that after the sale the defendant found the property had been extensively contaminated with cyanide, especially the central areas.

The court held that on the evidence it was clear that it was known to everyone that the Property was heavily contaminated. There had been widespread chemical contamination across the entire site. Accordingly, the court was of the opinion that the representation made was accurate. It should be noted however that had a more specific question been asked about the central areas, a different answer might have been obtained. Despite this fact, it did not mean that there was any fraud or deceit, which accordingly meant that there was no actionable misrepresentation.

© RT COOPERS, 2008. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

By: Rosanna Cooper

About the Author:

Full service commercial law firm based in the City of London specialising in commercial and corporate law, Corporate Finance, Commercial Lawyers, Commercial Law, Commercial Contracts, commercial solicitors, commercial law firm, corporate lawyers, corporate solicitors, corporate law firm, due diligence, mergers and acquisitions, management buy outs, white wash, sale of shares, sale of business, offshore companies, offshore transactions, white wash procedure, company law, law, legal, law firm, lawyers, solicitors, solicitors in wapping, Solicitors in Docklands, Solicitors in E1, distribution agreements, agency agreements, commercial contracts, shareholders agreement, companies act 2006, branding, terms and conditions, Internet law.Please contact us for more information at enquiries@rtcoopers.com

Visit http://www.rtcoopers.com/practice_corporatecommercial.php

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How Property is Divided Under New York’s Equitable Distribution Law

Wednesday, September 9th, 2009


The following is a somewhat simplified primer on New York equitable distribution law.

New York is one of the majority of states that employs an “equitable distribution” scheme to the division of property when there is a divorce. There are three steps to this process:

Classification of property (i.e., whether it is “marital” and subject to equitable distribution or separate and is awarded to the spouse in whose name it is titled); Valuation; and Distribution.

1. Classification.

There is a presumption that all property owned by the spouses, regardless of in whose name it is titled, is marital property to be divided “equitably” between them in the event of divorce. The spouse who claims that property is his or her separate property has the burden of proof to show that the source of the property falls in one of the “separate” categories:

(a) property that he or she had prior to the parties’ marriage that has not been placed in the joint names of the spouses.
(b) property that a spouse inherited, either before or during the marriage that remains titled in the name of the spouse who inherited it;
(c) property that was gifted to one spouse by anyone other than the other spouse;
(d) property that a spouse received as compensation for personal injuries in a law suit.

In all of these cases, the property claimed to be “separate” must not have been comingled with marital property or earnings or placed in the spouses’ joint names.

There are two exceptions to the stringent rule that separate property must not have been comingled with marital property:

(a) If funds (for instance, Husband receives an inheritance check of $100,000) are placed in the spouses’ joint account solely for convenience until the check clears and then are withdrawn and placed in Husband’s individual account that meets the other requirements of a separate asset, the funds will still be considered the Husband’s separate property.

(b) If there is no clear paper trail, but there is no other explanation for the source of the funds that are claimed to be separate, they may still qualify as a separate asset. By way of example, immediately prior to the marriage, the Wife has a bank account that contains $100,000. During the course of the marriage, she deposits her earnings into that account, and at the time of the parties’ divorce, the account contains $150,000, but only $50,000 can be traced to the Wife’s earnings, the
$100,000 may qualify as the Wife’s separate asset.

Property that falls into any of the above categories will be deemed the separate property of the spouse in whose name it is titled. Where things get more complicated is in determining whether the appreciation (i.e., increase in value) of separate property remains separate or is deemed marital. If the increase in value is due solely to market factors, it will be separate. For example, if at the time of the marriage, Husband owns 100 shares of stock that have a market value of $1,000 but during the course of the marriage the value has increased due to the stock market to $2,000, the entire amount will be his separate property. If, however, the increase in value of the asset is due to the efforts of either spouse, the appreciation will be deemed to be marital. For example, Wife has a small business that is worth $500,000 at the time of the marriage. During the course of the marriage, the Wife works in the business and it increases in value to $1,000,000. The appreciation ($500,000) will be deemed to be a marital asset.

The term “Property” in New York includes a very broad category of assets. Real estate, bank accounts, deferred assets such as 401(k) plans, IRA’s and pensions, tangible property such as furniture, art, automobiles, and certain intangible property such as licenses, degrees, and even “enhanced earning capacity” can be deemed assets subject to equitable distribution.

2. Valuation.

Once marital and separate property have been classified, it becomes necessary to value each asset. Bank accounts and other monetary assets are valued as of market value. When dividing those assets, it may be necessary to factor in any tax consequences, such as capital gains tax.

If an asset’s value is not readily determinable, it may be necessary to have it evaluated by an expert. Real estate appraisers and forensic accountants are the two experts most frequently called upon to assist in that process.

3. Distribution.

New York employs an “equitable distribution” of assets that does not necessarily mean an equal division of assets, although there has been a clear trend to divide assets equally, especially in long-term marriages. Factors that may be taken into consideration include the length of the marriage, the amount each spouse’s separate property, and whether either spouse has wastefully dissipated marital assets.

By: Diana Gittelman

About the Author:
Diana B. Gittelman is an attorney who specializes in divorce mediation. Diana practiced as a traditional divorce litigator in both New York and New Jersey for many years before getting training as a mediator in 1991, and has successfully mediated over five hundred divorces. Since 1996 she has worked exclusively as a mediator.

Please visit http://www.dbgmediation.com for more information.



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Florida Divorce Law – Property Division

Thursday, August 27th, 2009


Representing yourself in a Florida divorce is possible if you have correct information about your rights, the law and court procedures. You need to get it right the first time. Changing a Final Judgment is not always possible. If you make a mistake it can cost thousands of dollars for attorney’s fees to fix it. This article will provide you with information about your property rights in a Florida divorce.

If you don’t educate yourself about your rights, you could agree to accept much less than what you are entitled to. One recent divorce forum had this posting:

When I got divorced I didn’t fight for his business. He makes $200k/yr and I’ve been a stay at home mom. I had a premarital IRA but I cashed it in when his business needed money. Now I get 2k/mo alimony but I want to buy a house and don’t have enough money. Someone told me that if I have my boyfriend move it, I’ll lose my alimony. Help!

By not including the value of the marital business in Equitable Distribution, this woman shortchanged herself and her children. Now she’s in distress. Don’t let that happen to you.

Is There a Formula for Equitable Distribution?

“Equitable Distribution,” Florida’s property division process, starts with a 50/50 split of marital assets and debts, but in some situations an equal split may not be fair or equitable. There is no set formula for unequal splits. For example, one of you may decide to take more of the assets along with the loans on those assets because you can afford to do so. Unequal splits are unusual when cases go to trial.

Florida courts have ordered unequal splits when

One spouse is disabled and the other is employed One spouse is needed to care for a disabled child One spouse spoke little English, had no formal education and never worked One spouse hasn’t worked for years, the other is nearing retirement
As you can see, the situations for unequal distribution are not typical situations. Since Florida law starts with a 50/50 split of “marital assets and marital debts” and unequal splits are unusual, most couples will use the 50/50 formula.

What is “Marital?”

“Marital property” or “marital assets” include anything you spent money on during the marriage and still have – things like houses, cars, boats, televisions, dishes. Your “stuff” is called personal property. If you own property/house/dirt, it is called “real property.”

“Marital debts” or “marital liabilities,” like marital assets, are the loans you signed for during the marriage – things like mortgages, student loans, credit cards. With a few exceptions, everything you get or borrow is “marital” from the time you said “I do,” until you sign a Marital Settlement Agreement or file the Petition for Dissolution of Marriage, whichever comes first.

If property is titled only in one spouse’s name, it may still be marital property if purchased with marital money. For example, some couples each have a car in individual names. If those cars were bought/leased during the marriage, they are “marital assets.” Even some non-marital assets can become marital as discussed below. The forum writer missed this opportunity in her case.

Action Tips:

Your first step is to list all your marital property on a chart. Show its current value, what and who you owe for it. Make a column to show who is on the title or deed and another to show which of you will receive each one in the divorce. This is time consuming but it will give you all the information you need for the Financial Affidavit and your trial or your Marital Settlement Agreement.



When making your chart, if you own real property, have credit card debt or other recorded loans, have any joint property, you need to list all your property (include all the owners) and all your debts with some identifying information for them. With concerns over identity theft, show only the last 4 digits of your loan and account numbers in the Financial Affidavit or Marital Settlement Agreement. For the real property, give the address and the complete legal description from your deed on a sheet labeled with your name and case number, if you have one already.

Non-Marital Means It’s Mine, Right?

Well, maybe. Non-marital assets and liabilities belong only to one of you and aren’t divided in the Equitable Distribution process. There are five categories of non-marital assets/liabilities under Florida law:

Assets or liabilities you had before the marriage. Inheritances and other gifts, even during the marriage. Any income received from non-marital gifts unless you relied on or used that income as a marital asset. Assets defined as non-marital in a written agreement (pre nuptial or post nuptial agreement) A liability obtained by forgery of one spouse’s name by the other spouse. The forging spouse is responsible for that liability.
In deciding Equitable Distribution, a court will only consider “marital” assets and liabilities. Non-marital assets come into play primarily with alimony determinations.

Be careful. “Non-marital” can become “marital.” When you have non-marital assets/liabilities but mix them with marital assets, by depositing your inheritance check into a joint marital account for example, you may have “co-mingled” these assets so that they aren’t considered non-marital anymore. The forum writer changed her non-marital retirement account into a marital asset when she used it in the family business.

Another non-marital/marital problem can arise when you have used your non-marital asset to generate money during the marriage. For example, you owned a house with a mortgage before you got married. While married, you used you paycheck to pay the taxes and some of the mortgage. When you rented the house after your marriage, you deposited the rent payments into a joint marital account. There is a special formula for giving you credit for your original investment. This area can be a minefield and you will want some professional advice if the two of you can’t decide on a fair way to divide co-mingled property.

It is possible to represent yourself in a Florida divorce. To be sure that the marital property and debt are divided fairly, you need to know what property is “marital” and what its value is. Making a chart of all your property will help you in the Florida divorce process and will make calculating the equitable distribution or property division easier.

By: Pamela S. Wynn

About the Author:
For more information about Florida Divorce Equitable Distribution go to http://www.diydivorcefl.blogspot.com

Pamela S. Wynn is a Florida family law attorney.



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Intellectual Property Law – European Community Trade Mark – ‘Likelihood of Confusion’

Tuesday, June 9th, 2009


The case of Antartica Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-47/06) [2007] involved issues relating to the ‘likelihood of confusion’ with regards to a European Community trade mark. On the 30th of March 2000, the applicant company, Antarctica Srl, submitted an application to register a Community Trade Mark (CTM) at the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

The application was made under Council Regulation (EC) 40/94 (on the Community trade mark) to register a figurative mark containing the word NASDAQ as a CTM. The goods for which registration was sought fell within classes 9, 12, 14, 25 and 28 of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of the 15th of June 1957 as amended.

On the 27th of April 2001, the NASDAQ Stock Market Inc brought opposition proceedings against the registration of the mark applied for in respect of all the goods referred to in the application for registration. The opposition was made on the grounds outlined in Article 8(1)(b) and 8(5) of Regulation 40/94.

The Opposition Division of OHIM rejected the opposition. The opposition was rejected on the grounds that there was no ‘likelihood of confusion’ within the meaning of Article 8(1)(b) of Regulation 40/94. In addition, the reputation of the earlier mark in Europe had not been properly substantiated. Subsequently, on the 24th of August 2004, the intervener brought an appeal before OHIM against the Opposition Division’s decision.

By a decision of the 7th of December 2005, (“the Contested Decision” in this case), the Second Board of Appeal of OHIM set aside the Opposition Division’s decision on the ground that the latter had wrongly rejected the opposition by basing its decision on the fact that the conditions for the application of Article 8(5) of Regulation 40/94 had not been fulfilled.

For its part, the Board of Appeal held that the reputation of the trade mark NASDAQ in the European Union for the services in classes 35 and 36 for which it had been registered had been substantiated, and that the applicant’s use of the mark NASDAQ without due cause would take unfair advantage of, or be detrimental to, the distinctive character and reputation of the earlier mark. For these reasons the Board of Appeal upheld the opposition.

The applicant company sought an appeal. It claimed that the Court of First Instance should annul the contested decision. It alleged a single plea of infringement of Article 8(5) of Regulation 40/94 in support of its action for annulment of the Contested Decision.

The Court considered the evidence, and took account of the similarity of the marks at issue, as well as the importance of the reputation and the highly distinctive character of the trade mark NASDAQ. It was held that the intervener had established the existence of a future risk, which was not hypothetical, of unfair advantage being drawn by the applicant by the use of the mark applied for, from the reputation of the trade mark NASDAQ.

As a result, there was therefore no need to set aside the Contested Decision on that point. The applicant had not been able to put forward one convincing reason to warrant the conclusion that its use of the trade mark NASDAQ would be founded on due cause within the meaning of Article 8(5) of Regulation 40/94. In those circumstances the Board of Appeal had been right to conclude that there had been no due cause for the applicant’s use of the sign NASDAQ. The single plea alleging infringement of Article 8(5) of Regulation 40/94 had to be rejected together with the application in its entirety.

If you require further information contact us at enquiries@rtcoopers.com

Visit http://www.rtcoopersiplaw.com or http://www.rtcoopers.com/practice_intellectualproperty.php

© RT COOPERS, 2007. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

By: Rosanna Cooper

About the Author:
Intellectual property law, intellectual property licensing, intellectual property lawyers, intellectual property solicitors, IP law, IP lawyers, IP law firm, IP solicitors, copyright law, copyright, copyright infringement, Intellectual property infringement, copyright lawyers, copyright lawyer, copyright solicitors, copyright law firm, patent law, patents, patent lawyer, patent lawyers, patent solicitors, patent law firm, law, legal, law firm, lawyers, solicitors, solicitors in wapping, Solicitors in Docklands, Solicitors in E1, patent licensing, deposit copyright work, how to protect copyright work, copyright registration, trademark law, trademark searches, reademark licensing, trademark infringement, patent infringement, confidentiality agreements, know-how, registered designs, start up business, Internet law, website agreements, passing off.

If you require further information contact us at enquiries@rtcoopers.com

Visit http://www.rtcoopersiplaw.com or http://www.rtcoopers.com/practice_intellectualproperty.php



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Property Law in Thailand

Wednesday, January 28th, 2009


Thailand is becoming an ever more popular retirement and choice of country to live with its low costs and beautiful scenery not forgetting of course the world famous friendliness of the Thais themselves. But finding out about the laws governing property ownership here can be confusing. Here are the bare bones of Thai property Law

• A foreigner can own a condominiums long as less than 40% of the condos or apartments in the building are owned by foreigners. Many people believe it to be 49% although this regulation was an addition to the existing law and was only meant to be in place for one year and has since expired.

• A company can own property such as land and a house (and hence the foreigner can buy land and a house via their Thai registered company) as long as no one foreigner owns more that 39% of the company (recently amended from 33%) and total foreign ownership of the company does not exceed 49%.Still ambiguous and under review.

• The Thai wife of a foreigner can own property (a recently changed legal status due to gender equality in the new 1997 constitution revision), in her name only. This is fine as long as you don’t have marital problems. (The same, of course, goes for a Thai husband, but the law was changed recently for Thai wives due to the new constitution guaranteeing equal rights.)

• A foreigner can lease land for 30 years, with an option for another 30 years, the first 30 years are guaranteed they are registered with the Land Department, however the second can be contested.

• If you gain BOI approval you may as a company is able to buy up to one rai of land. Although this is meant for very large investors.

At the end of the day if you are seriously looking to invest in Thailand you should consult a good lawyer who will be familiar with the latest property laws.

By: Chris Heath

About the Author:
Chris Heath is the sole proprietor of Soho Properties a real estate agency located in Bangkok Thailand.

http://www.soho-properties.com



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Intellectual Property – Patent Law, Copyrights, and Trademarks

Tuesday, December 9th, 2008


Patent law is intended to give a temporary monopoly to the inventor to make and sell his invention. The period of the patent is limited but it keeps others from making, using, selling or importing the product. It is a license that can be sold, assigned or transferred. A patent is only good in the country where it is issued so patents must be obtained in all desired countries.

A patent is for a specific length of time. It is usually twenty years. When a patent reaches its expiration date the use of the invention is open to all interested parties. Annual renewal fees are to be paid each year during the term of the patent.

All patents have to be new with no part that is available to the public anywhere in the world before the patent is filed. They must have an inventive step or steps and there must be an industrial application. Agriculture is considered an industry for purposes of obtaining a patent.

A patent is said to be pending during the time of application to the acceptance or rejection of the application.

A provisional patent is used to quickly file an application to protect an invention while a patent is being obtained. It is much faster, easier and cheaper than a patent. A provisional patent gives the inventor twelve months to file a full patent application. During this time the term patent pending is used.

Copyright law is the law that protects published and unpublished literature, art and scientific work in any tangible form. It protects anything you can see hear or touch. Copyright laws give the creator the exclusive right to their work whether it is dance, music, photographs, graphics or HTML coding.

Copyright begins as soon as the work is created and turned into a tangible form. That can mean the setting of music to paper or the setting of data to files. The prerequisite is that the information be put in a tangible format and that a date and ownership be attached. This can mean mailing a copy of the item by certified mail and then not opening it when it arrives. The copyright then needs to be registered with the U.S. Copyright Office as a requirement in order to sue for monetary damages should a violation of the copyright arise. However, if somebody copies and redistributes the item without permission before the copyright is registered, the author still has the right to assert a copyright claim as the true author.

The above applies to digital art and graphics. Open a gif, jpg, or png file that you created and look at the properties. It states the date you saved it to your hard drive as the date of creation. Mail the disk to yourself in a certified mail envelope and when it arrives put it in a safe place.

The proper way to place a copyright notice is as follows: Copyright © (first date of creation) (name of owner). Like this: Copyright © 2007 John Smith.

Copyrights last for a long period of time. The time depends on the item and the country but it is often twenty-five to fifty years after the death of the holder.

Trademark law is intended to let buyers know what they are buying. A trademark is a symbol or name that identifies a product as belonging to a specific company and that it is legally registered to that company so that it can only be used by that company

Trademark infringement is when a company uses an identical or confusingly similar mark to the trademark of another company. An owner of a trademark can bring legal proceedings against anyone who infringes on his registration. In the United States this is not true of unregistered marks.

Each one of these entities is unique and has a unique purpose, set of laws and applications. They originated separately and cover different activities and issues.

The term intellectual property came into existence in 1967 after the World Intellectual Property Organization was founded as a UN organization. The term makes people think of the three separates entities as a single entity and confuses many. There is an ongoing disagreement about this generalization.

If you are trying to market an invention you should try to become as educated as possible about the process and get a provisional patent. Be sure you are working with someone with integrity. There are many scams and the process is complicated and can be very expensive. Often a patent attorney is needed to research the proposed patent and to make the drawings. It is seldom a good idea to become involved with a company that says it can handle the process from registration to marketing and production.

These companies usually own several interrelated companies that siphon off the money and leave the inventor high and dry. Remember the patent does not necessarily go to the person that invents the item but to the person who patents it first. Also, if a product has been in general use for a specified period of time it is no longer patentable unless a new unique feature or improvement can be illustrated.

Understand the uniqueness of each of the parts of the intellectual property umbrella. Do not let the boundaries become blurred and double check to make sure you remain in control.

By: Dee Bovis

About the Author:
Learn more about intellectual property by visiting IP Watchdog. IP Watchdog is an excellent resource with many articles about intellectual property including provisional patents, copyrights, invention marketing, and trademarks.



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Probate Law – Protecting Your Property After Death

Monday, September 22nd, 2008


Probate law is a part of the law that many of us rarely think about, mostly because it is a legal process dealing with a particularly unpleasant reality. Probate law is the area of law which concerns administering estates and handling final wills. A probate is responsible for interpreting the final will of the deceased, naming the executor of the estate, and determines the interests of the heir and any other claimants against the estate. Although it may be uncomfortable to think about, knowing about the law which will govern your estate after you pass away is important for your family and the loved ones you leave behind.

In states with communal property laws, an estate without a legal will is automatically passed to a spouse. Being without a will is called being intestate. However, when the property does not automatically transfer to the spouse, a court is required to probate the estate, which involves determining the intent of the will and distributing the property. It’s very important to have a valid, up-to-date will, as this will ensure that your property is distributed in the manner you want. The general requirements for making a will are:

Identifying yourself as the author of the will. You must make a point of revoking all previous wills and testaments. If you do not specifically include this point, the will only revokes previous testaments if there are any explicit inconsistencies. You must show that you are legally able to dictate the division of your property, and that you do so by your own choice and without duress. You must explicitly name an heir or multiple heirs in the document. You must sign and date the will, with two witnesses who do not stand anything to gain from the will. This ensures that there is no collusion or foul play. You must sign the document to prove that it is valid.

It’s also a good idea to name an executor on the will. The executor is personally responsible for making sure that the instructions your detail in the document are carried out. If there is none named, the probate court will appoint one.

If you have any other questions about probate law and how it affects your will and your heirs, visit the Austin family lawyers of Slater Kennon & Jameson, LLP, today.

By: Joseph Devine

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Joseph Devine



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Property Division, Real-Estate, & Washington Divorce Law

Sunday, May 11th, 2008


The mortgage rule is a legal tool used to characterize property acquired, using both community and separate funds, over a period of time. Harry M. Cross, The Community Property Law in Washington, 61 WASH. L. REV. 13, 39-49 (rev. 1985). The mortgage rule examines whether both parties concerned were obligated to make payments in order to retain ownership of the disputed asset. If there was no such continuing obligation, then the character of the asset is retrospectively determined to be proportionate to the ratio of separate and/or community funds used to acquire the asset.

Absent a continuing obligation, the character of the property is retrospectively determined to be proportionate to the ratio of separate and or community funds used to acquire the property

It is precisely this mortgage indebtedness that itself constitutes a contribution to effect the final determination of what proportionate share either party should be entitled to. If the other spouse signs the promissory note they become liable to the bank and later third parties for repayment. Even if that party had low income and no assets to secure the loan it is still a contribution.

If separate funds are used to make a contribution and are traceable a lien for the down-payment amount could be found but only to that extent of that separate contribution to the down payment. However, In Re Hurd changes this slightly in that the separate character of a cash down payment can be transformed into community property by titling the home in both parties names. (Thus we see some significance in whose name an item of property actually stands.)

This includes such assets as the appreciation of retirement plans that were purchased before the marriage. The value of such an asset must be analyzed to determine what portion grew or accumulated during the marriage and the value prior to the marriage.

Washington state divorce law purposefully vests a substantial degree of leeway to the Judges hearing your case (and I say Judges because the Commissioners only deal with pre-trial issues, modifications, and contempt; they can’t divide the equity in your home or business). Carefully planning from the start of your case is necessary to develop the evidence needed in property characterization. It also gives the attorney time to become familiar with what both parties real financial futures might look like upon final dissolution of the partnership. This is especially important where one is not dealing with a trivial amount of assets, or if you feel your spouse has a significantly higher earning potential.

Division of real estate under Washington state divorce law can also be made not in accordance with whose name is on the title to the property. Whose name the property is titled in, does not settle the matter conclusively but may be considered by the judge among other factors as possible indicia that the parties wished to make it separate.

By: Robert Stark

About the Author:
Seattle Divorce Attorney Robert Stark specialize in Washington State Divorce family law, child custody law, Washington Divorce cases and much more.



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