Archive for the ‘Legal and Law’


May 4th, 2008

Limited Company Formations - Financial Benefits

Starting a new business is a very exciting experience for sole proprietors who want to get the highest return based on their efforts and managerial skills, as the entire operation grows the need for investors and business partners becomes a priority. A very common mistake sole proprietors do is to reinvest a weak amount of money back into their business, the lack of capital which goes back to the operation is key for the successful growth of the venture.

March 12th, 2008

E-book Theft - Protecting What Is Rightfully Yours

After several months working on your latest e-book, you breathe a sigh of relief as you finish editing the last line. Finally, you click on the PDF converter, and within seconds, you have a formatted e-book.

Since you finished editing the sales page on your web site two weeks ago, there’s nothing to do but upload your e-book, and wait for the enormous earnings to roll in, right?

Even if your e-book is a promising as your ambitions for it, someone could still steal your profits the minute it goes online. The theft of digital products continues to skyrocket yearly. So, unless you securely protect your e-book distribution, those profits could sneak out the back door.

February 28th, 2008

Daubert Motions Require Full Hearings

Courts must provide litigants with an opportunity to be heard before ruling on the admissibility of expert testimony - and in all but exceptional cases that requires courts to hold hearings with full briefing and argument, the Supreme Court of Mississippi ruled in an en banc opinion issued October 4th.

Reviewing a personal-injury case in which two girls were severely burned in a school bus fire, the Supreme Court held that the trial judge erred when he struck an expert’s affidavit without a hearing and entered summary judgment. The court reversed the judgment and remanded the case.

February 27th, 2008

Investigating Medical Negligence Cases

How do you know if you, a family member, or friends have been the victim of medical negligence? What information is important? What are the issues? What are the types of damages that can be recovered? How long do you have to take legal action? These are all important questions and this article will attempt to provide you with useful answers. What Information is Important? Our analysis of your potential case begins with a thorough investigation and examination into your medical history. Any previous hospitalizations regardless of the reason may be important. We need to review your medical records from your family or primary care doctor for several years prior to the date of the treatment which you believe was negligent. We will need to review all records surrounding the treatment which you believe to have been improper. Finally, we need to understand all medications which have been ordered for you during the last several years. No doctor or hospital can refuse to provide you with a copy of your records – it’s the law! They may charge you a fee for copying the records but must provide the records within 15 days of your request. You do not have to inform the health care provider that you are requesting the records for review in a potential legal matter.

February 26th, 2008

Art And Science Of Patent Searching

Patent searching is both an art and a science. Consequently, search capability improves with practice. But optimum practice requires a solid foundation for those who seek to conduct searches accurately and efficiently. Identification of factors for determining when a search is needed and what types and sources of information should be searched in the process is the crucial part.

February 24th, 2008

Free Trademark Searches

Before filing for trademark, it is a good idea to search for information such as Trademark Acceptable Identification of Goods and Services, Trademark Manual of Examining Procedure, Design Code for the logos and images. With these guidelines, you can make certain the trademark you are developing is unique. It can also help you avoid any trouble or violations not only on the possible similarities on existing trademark, but on violation of standards that have been set.

February 24th, 2008

Us Fda Food Contact Approvals: The Use Is The Key

When it comes to understanding what it takes to be approved as a “food contact substance,” the key question is what kind of use the substance will have. The possible different kinds of food contact substances are twofold: Food additives, which actually enter into the food in what often are rather minimal quantities; and food contact materials, such as packaging and cooking utensils.

The key questions for food contact substances that are not food additives are how much of them actually become combined with the food itself and what are the conditions of the use of the food contact materials, e.g., for liquid foods, acidic foods, hot foods, cold foods, etc.

February 19th, 2008

Digital Millennium Copyright Act Dmca Redefined - Steps To Keep Your Content And Intellectual Proper

As Viacom prepares to square off against Google in its lawsuit over the use of copyrighted material on YouTube, the provisions of The Digital Millennium Copyright Act [DMCA] are being widely discussed and are sure to be hotly debated. When the law was passed in 1998, Internet and technology companies got a clause inserted that relieves them of liability for being just innocent conduits.

What that really means, and how it will be applied in this watershed case, remains to be seen.

February 13th, 2008

How Intellectual Property Assets Affect Estate Taxes

Society is currently moving through a transition from a community whose wealth is based in tangible goods, such as the means of production, to a community whose true wealth lies in intangible forms of property. We are moving toward a period where knowledge and ideas are more valuable than physical objects. Intellectual property, such as patents, copyright, trademarks and even trade secrets are what drive many of this country’s booming sectors. With widespread internet access, the creation of intellectual property is no longer restricted to large corporations or wealthy people who can afford to develop such property. Any person can develop value through a copyright, a patentable invention or a trademark. As intellectual property continues to grow as a wealth creation tool, individuals will be faced with the challenge of determining the value of the property, and the effect that such property will have on estate taxes.

February 13th, 2008

Different Categories Of Trademarks

For many businesses, establishing a well-known brand is the key to success. Of course, you need to protect that brand and trademarks are part of the process.

A trademark is a form of intellectual property. You can trademark words, symbols, names, sounds and even colors that distinguish a product or service. A classic example is the Nike swoosh, a symbol that is well known throughout the world. Unlike patents and copyright, trademarks do not expire so long as they are used and, of course, you pay the United States Patent and Trademark Office to renew them!


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