California Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in California
May 16, 2013 By Sheldon Mak & Anderson PC
James Eliason, CEO of Twittad, indicated that Twitter’s battle for ownership of the “tweet” trademark may finally have come to an end. According to Eliason, Twitter would drop a trademark lawsuit it filed against his company that sought to nullify Twittad’s registered trademark of the word “tweet.” In return, Twittad would transfer its registered trademark of “tweet” to Twitter, he said.
May 14, 2013 By Sheldon Mak & Anderson PC
A trademark can last indefinitely, but it will require some action of the part of its holder. In general, you must file the appropriate maintenance filings with the U.S. Patent and Trademark Office and adopt certain business practices in order to keep your trademark alive.
May 9, 2013 By Sheldon Mak & Anderson PC
A European business group is calling on China to make big changes to its patent system. The European Chamber of Commerce in China argues that the current Chinese patent system hinders the country's ability to innovate and may be detrimental to foreign companies. The group released a report recommending a total of 52 changes.
May 2, 2013 By Sheldon Mak & Anderson PC
The Obama Administration is working to develop a new strategy for intellectual property enforcement and is asking for the public’s help.
May 1, 2013 By Demas Law Group, PC
As a cyclist and bicycle accident victim advocate, the author has learned several lessons over the 20 plus years he has been riding and practicing personal injury law. On this article, you will find some of the tips he would like to offer to victims of bike accidents.
April 30, 2013 By Sheldon Mak & Anderson PC
The U.S. Patent and Trademark Office allow trademark applicants to conduct much of their business electronically through the Trademark Electronic Application System (TEAS). Trademark applicants can file an initial application form online, as well as submit other documents including a response to an examining attorney's Office action, a change of address, an allegation of use, and post registration maintenance documents.
April 24, 2013 By The Law Office of Marc S. Kohnen
In January 2013, a pilot was arrested after failing a breathalyzer test in the cockpit. The pilot was about to take off with more than 50 passengers aboard the plane.
April 24, 2013 By Demas Law Group, PC
Hit-and-run has become epidemic in our country and especially in California. According to a recent article, California has the highest hit-and-run accident rate of any state in the Union, and many of those are motorcycle accidents. Motorcycle crash attorneys represent the victims of these accidents and help them recover damages for their injuries, pain and suffering.
April 24, 2013 By The Kristy Law Firm
First party bad faith deals with claims made by policyholders and covers a wide range of transgressions. Here is an overview of the five most common.
April 23, 2013 By Sheldon Mak & Anderson PC
Every three years, the U.S. Copyright Office reconsiders exclusions to the Digital Millennium Copyright Act’s provisions prohibiting the circumvention of technological measures that control access to copyrighted works.
April 18, 2013 By Sheldon Mak & Anderson PC
Unfortunately, the rights granted by a U.S. patent or trademark can only be enforced in the United States and generally have no effect in a foreign country. Therefore, a company who wants to safeguard its intellectual property rights in other countries must take additional steps to ensure international protection.
April 17, 2013 By Aeschleman Law
Social media users beware. What you post online can be used against you.
April 16, 2013 By Sheldon Mak & Anderson PC
The U.S. patent and Trademark Office celebrated an important milestone earlier this month. April 10 marked the anniversary of the first U.S. patent law, which was enacted on April 10, 1790.
Most medical practices want to classify their hired physicians as contractors not employees. Contractors are cheaper and easier than employees. You don’t withhold taxes for contractors, nor do you pay benefits, workers compensation or unemployment insurance, nor must you comply with the wage & hour laws (including overtime) for contractors.
Most businesses want to classify their workers as contractors not employees. Contractors are cheaper and easier than employees. You don’t withhold taxes for contractors, nor do you pay benefits, workers compensation or unemployment insurance, nor must you comply with the wage & hour laws (including overtime) for contractors.
Here is a quick outline to help you avoid personal liability from your business. You’ll see that most of the authors advice derives from an informed use of corporations and corporate law, which is why…
Contestable life insurance claims are common and there are ways to navigate through an insurer's investigation process and get the claim paid. Here we discuss how we forced an insurer to pay a denied claim and improve their application in the process.
This article provides real life guidance on how to prepare for submitting a life insurance death claim and examples of what can cause a claim to be denied. Use these tips to ensure you will receive your life insurance death claim with as little hassel as possible.
Getting a life insurance claim paid can be a complex and lengthy process, but an understanding how the process works can assist in getting a delayed or denied claim paid.
April 11, 2013 By Sheldon Mak & Anderson PC
U.S. firms are indeed among the most innovative. The report, published by Thompson Reuters, examined a series of patent-related metrics to come up with a list of the top 100 leaders in innovation.
April 9, 2013 By Sheldon Mak & Anderson PC
If you have done any research into filing a trademark application, you know that there are some decisions to make. One of the most important choices is the depiction of your mark.
April 5, 2013 By Fulcrum Inquiry
Seventh Circuit Judge Richard Posner is one of the foremost legal scholars in the United States, particularly on economic matters. He has written numerous influential opinions and almost forty books on law and economics, teaches at the University of Chicago Law School, and is widely respected in the legal community. And two of his recent damage rulings will have a signification impact on the patent litigation process, or more specifically reduce it.
April 5, 2013 By Farzad & Mazarei
Fathers concerned about their California custody rights get a lot of bad information. This article will take the confusion and myth out of this area of family law and get dads who are going through custody cases off to a good start.
April 4, 2013 By Sheldon Mak & Anderson PC
If you have correspondence from the U.S. Copyright Office sitting in a pile of paperwork on your desk, we urge you to read this post. Many communications from the Copyright Office set forth specific timelines for replying. If you miss these deadlines, you could be putting your intellectual property rights at risk.
April 2, 2013 By Sheldon Mak & Anderson PC
Dr. Pepper Snapple Group Inc. is parting ways with its oldest bottler, after a trademark dispute soured the business relationship. According to a joint statement, Dr. Pepper Snapple Group has bought all of the bottler's sales and distribution operations under the terms of a settlement agreement.
April 1, 2013 By Matsen Voorhees Law
Following Mitt Romney's run for election and the more recent fall of Cyprus, tax havens have become increasingly scrutinized by the public eye. But are they always illegal?
March 29, 2013 By Fisher & Talwar, Professional Law Corporation
A freeway accident on March 27th, 2013 involving an SUV and a bus injured 11 people. Only minor injuries were reported from the crash, which occurred at about 7:30 a.m. Reports indicate that a municipal bus and an SUV collided on an on ramp in Riverside, CA - further details as to the cause of the crash remain unknown. The bus was carrying a total of 29 passengers.
March 29, 2013 By Fernandez & Lauby LLP
Employment Discrimination laws seek to prevent discrimination based on everything from race and sex, to religion and physical ability. A growing body of law also seeks to prevent employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment.
March 28, 2013 By Sheldon Mak & Anderson PC
The United States Patent and Trademark Office (USPTO) has announced the launch of another new pilot program. This program aims to incentivize the distribution of patented technologies to address humanitarian needs.
March 26, 2013 By Sheldon Mak & Anderson PC
Hershey filed a trademark application seeking to protect the shape of its famous Hershey bar. The application describes it as “a configuration of a candy bar that consists of twelve equally-sized recessed rectangular panels arranged in a four panel by three panel formats with each panel having its own raised border within a large rectangle.”
March 25, 2013 By Fisher & Talwar, Professional Law Corporation
A recent school bus accident in San Bernardino seems to back statistics that most school bus crashes are head-on collisions. Elderly couple driving a Jeep struck the bus after running a red light. Fortunately, no kids were on the bus. Unfortunately, the bus driver and the elderly couple in the Jeep were hurt.
This article gives a very brief overview of how an accountant leaves or closes an accounting practice. The accountant can’t just walk away – leaving or closing an accounting practice is more complex than you think.
This article gives a quick overview of buying and selling an accounting practice. The author discusses the deal from due diligence, through deal terms, to the definitive deal documents.
In this article, the author gives some thoughts on preparing to sell your solo medical practice.
March 21, 2013 By Fisher & Talwar, Professional Law Corporation
The driver of a semi truck got lots of attention on the morning of March 18th, 2013 when he drove for about 10 miles in the wrong direction on an interstate. Police dispatchers were first alerted to the wayward semi a little after four in the morning, when motorists began calling in handfuls to report the truck, which many reported forced them to swerve in order to avoid a collision.
March 21, 2013 By Fisher & Talwar, Professional Law Corporation
A former Sony Corp employee has been awarded $30.2 million in damages resulting from his claims that Nintendo infringed on his patent for 3D technology. Plaintiff claimed that the globally recognized video game leader used his technology in producing the Nintendo 3DS, a handheld, 3D capable gaming console. What makes the product and plaintiff’s invention unique is that it allowed the effect of 3D visuals without the need for 3D glasses - a major step forward in 3D technology.
March 21, 2013 By Sheldon Mak & Anderson PC
The U.S. Patent and Trademark Office recently issued a report on how to make international patents more available to small businesses. The report, prepared in conjunction with the Small Business Administration, was mandated by the America Invents Act. The goal was to determine how best to defray the costs of filing, maintaining, and enforcing international patents for small businesses.
March 20, 2013 By Ortega Business Law Firm, APC
The California Second District Court of Appeal’s decision in Sanchez v. Swissport, Inc., No. B237761, will have a significant impact employment law and the way employers handle employees requiring pregnancy leave.
March 19, 2013 By Sheldon Mak & Anderson PC
Digital music companies often rely on compulsory licenses to stream copyrighted content. Section 115 of the Copyright Act provides a compulsory license for most copyrighted musical compositions (with the exception of soundtracks) that have been released to the public.
March 15, 2013 By Fisher & Talwar, Professional Law Corporation
Retail giant Target has settled a slip and fall claim that was filed in 2012 and based on an injury sustained in 2010. The injury was allegedly caused by a soda spill in the aisle of one of Target’s stores. The claim also named several “John Does” who may have been to blame in creating the hazard.
March 14, 2013 By Sheldon Mak & Anderson PC
The International Intellectual Property Institute (IIPI) and United States Patent and Trademark Office (USPTO) examined the use of specialized intellectual property courts around the globe. After reviewing the intellectual property laws and regulations of over 190 countries, the “Study on Specialized Intellectual Property Courts” concludes that although intellectual property rights (IPR) courts may vary worldwide, they all offer the distinct advantage of an informed and capable judiciary.
March 14, 2013 By Fisher & Talwar, Professional Law Corporation
A motorcycle rider was killed on Thursday, March 7th, when the driver of a car attempting to make a turn entered the rider’s path - the rider, who was wearing a helmet, was just 21 years old and died later of his injuries. This accident occurred in Bradenton, Florida and is the second fatal motorcycle accident that the city has experienced in a week.
March 14, 2013 By Fisher & Talwar, Professional Law Corporation
A speeding trucker is responsible for causing a chain reaction that caused traffic to back up for hours. According to reports, the at fault semi truck driver was navigating a ramp too fast when the truck tipped onto its side and slid across the highway, blocking every lane on that side of the expressway.
March 12, 2013 By Barnes Law LLP
The Internal Revenue Service Criminal Investigation Division serves the American public by conducting criminal investigations regarding alleged tax violation and various money laundering statutes. The IRS is the only federal agency that can investigate potential criminal violations of the Internal Revenue Code. There is a long, complicated investigation process involving many levels of personnel that goes into prosecuting these types of criminals.
March 12, 2013 By The Law Offices of Dr. Bruce Fagel
Most women who have had a previous C-section birth can deliver their next baby vaginally. However, some women will be in danger of a birth injury from VBAC. This article discusses the risks and what women contemplating VBAC need to do to prepare for a safe delivery.
March 11, 2013 By Mann & Elias
“At will employment” means that employers and employees have a wide range of freedoms in terminating their work relationship. "At will" states allow the firing of employees with good reason or for virtually no reason at all; however the termination must not violate the terms of a written contract, or break state or federal laws. Employees who are hired under these circumstances generally have little job security, and very few legal opportunities to fight for their job if they are fired.
Eugene Collier, a long time hunter well into his 60s, was recently acquitted of manslaughter charges in the accidental shooting death of Marine Reservist Christopher Ochoa, 20 years old from California. According to testimony, Collier believed he was shooting at a bear when he pointed his rifle at Ochoa and pulled the trigger from about 100 yards away. Collier admits to shooting Ochoa, but calls the incident a “tragic accident”.
A cab driver was taken to the hospital after being assaulted and battered by a customer who didn’t want to pay his fare. According to reports, the driver of the cab had just finished dropping off four customers when one of the customers pulled a handgun and used it to strike the cab driver in the head.
The former CFO of Sterne Agee Group, Inc is suing the Alabama based investment bank for breach of contract, among other allegations. According to court documents, former CFO Brian Barze worked as the CFO of another company which was grooming him for a CEO position when Sterne Agee approached him about the CFO position at its own company.
March 11, 2013 By Ortega Business Law Firm, APC
On September 21, 2012, Governor Jerry Brown signed into law Senate Bill 323. Specifically, section 20 of the Bill replaced the Beverly-Killea Limited Liability Company Act (Beverly-Killea) with the California Revised Uniform Limited Liability Company Act (RULLCA) to govern the formation and operation of limited liability companies (LLCs).