Why You Should Have A Prepaid Legal Plan
Posted by admin on Dec 11, 2008
A Prepaid Legal Plan service or membership program, is a concept that has been around for a number of years. Legal plans became popular in Europe in the 1930 ’s , and they remain popular and well-known there today. In America, legal plans have also become increasingly popular, as more companies have offered different plans, and individuals and business have seen their value. Legal plans work by providing basic coverage and attorney services for a membership, or a prepaid fee, that is usually paid monthly or yearly. By paying the membership fee, you have access to an attorney and their services, where without the plan you would have to pay, in some cases, a substantial fee. Having a legal plan service can make good sense, but it won’t solve all your legal issues.
Most of these plans focus on preventative legal care, so you can get legal assistance and advice before you start having legal difficulties. They also cover some basic issues that many individuals or businesses need legal assistance with. You will be able to have a free consultation with an attorney at no additional cost, often initially by phone. You can usually call the attorney on as many different legal issues as you want, you will receive a free consultation for each question or issue. This can be a powerful tool, as you can often get many of your legal questions or issues handled this way.
Other services are also included in legal plans. Normally a free will will be included, with yearly updates. Many plans will also write a letter or a make a call on your behalf. This is a valuable Legal Assistance service if you are having a dispute, as an awareness of attorney representation can clear up many issues with a 3rd party. In addition, you will also have coverage for contract or document review, where your attorney will review documents, such as agreements or sales contracts, and answer any of your questions. If you need more legal assistance, such as an appearance in court, or extra legal help, you will get a discount on the attorney ’s hourly fee.
There are a variety of legal plans available. The most basic plan is the individual or family plan, but many legal service plans also offer business coverage, where they provide basic legal services tailored for a business. There are even more specialized legal plans available, such as one designed just for truck drivers. A great way to join is to see if you workplace offers a plan as an employee benefit package, many do. In many cases, you can join for free or reduced cost.
There are some limitations. Prepaid legal services are not designed to solve preexisting or ongoing legal issues. There focus is on preventative care and access to an attorney for a consultation. If you have a major legal issue, such as a law suit, a divorce, or bankruptcy, a legal plan will be of limited assistance, although you will probably get a discount of the hourly rate you would normally pay an attorney. A legal plan service is a way for middle class Americans to have the access to attorneys that used to be the province of the wealthy. Having a plan is a great way to help keep yourself out of legal trouble with preventative assistance, but it won’t solve all of your legal problems.
Article By: Lawyers in Canada
Should You Trademark Your Name?
Posted by admin on May 6, 2008
Author(s): Stephanie Paul
Recently, actor Morgan Freeman won the rights to use the domain name www.morganfreeman.com, which was being illegally used by the company Mighty LLC. Freeman had applied last year to the US Patent and Trademark Office to trademark his name, when he found out that Mighty LLC was using his domain name “in bad faith to divert Internet traffic to a commercial search engine.” Ultimately, the arbitrators for the World Intellectual Property Organization (WIPO), the intellectual property arm of the United Nations, agreed with Freeman and determined that Freeman’s illustrious career made his name sufficiently recognizable in the entertainment and movie spheres.
In the always evolving electronic age, many famous personalities are using trademark law to protect the use of their name over the Internet. Trademark law, which prevents confusion between certain goods or services by indicating the source of the trademark, also allows someone to recover a domain name containing their trademark.
A trademark is a word, phrase, symbol or design, or a combination of them, that identifies and distinguishes the source of a trademark. Names of people and companies, business logos and symbols, and particular sounds can all be trademarked. Everything from Julia Roberts’ name, the Nike “swoosh,” and the NBC chimes are registered with the U.S. Patent and Trademark Office. Trademarks identify a product, service, person or thing from others in the same field, and trademark infringement has, and always will be, a serious offense.
What’s in a Name
Anyone can register a domain name for a few dollars, which has led to the abundance of “cybersquatters.” Cybersquatters are people who register domain names that are identical or similar to well-known marks, and then try to sell the domain to the mark owner for an inflated sum of money. This has been done to everyone from Julia Roberts and Bruce Springsteen to the organization PETA and the financial institution Paine Webber.
To protect trademark owners from cybersquatting, Congress passed and President Clinton signed into law the Anti-Cybersquatting Consumer Protection Act in November, 1999. Under the Act, a trademark owner can sue to collect damages and recover a domain name from a person who, with a bad faith intent to profit, registered a domain name that is identical or similar to a distinctive or famous trademark.
The Internet Corporation for Assigned Names and Numbers (ICANN) was also established around this time, which authorized a supervisor of domain name registrations, and adopted an on-line arbitration system for resolving domain name disputes.
Proving Cybersquatter Infringement
In order to have a domain name canceled or transferred to the trademark owner under law, the owner must prove that:
(1) the domain name is identical or confusingly similar to the trademark;
(2) the registrant has no right or legitimate interest in the domain name; and
(3) the domain name has been registered and is being used in bad faith.
Several celebrities have been successful in getting their domain name from cybersquatters under ICANN, including Nicole Kidman, Julia Roberts and Venus and Serena Williams. Others have not been as successful, like Sting and Bruce Springsteen. However, registering a trademark to a name will provide added protection against cybersquatters trying to benefit financially from an already well-known domain name.
Should I Trademark My Name?
Trademark infringement existed before the Internet, but the ease of registering domain names has increased the challenges of trademark rights. Because anyone from high school students to multi-million dollar corporations can register domain names at little expense, it may be a good idea to register your name if you feel it could be threatened by a cybersquatter.
This is especially true for people whose names are also their profession, like actors, car dealers, even fashion designers. Designer Ralph Lauren has had his name trademarked since 1972 for added protection. Fashion designer Donna Karan found her trademark useful when she fell victim to a dispute over her name. A man unknown to her, Richard Wilson, had registered the domain name www.dkny.biz. Karan had already owned www.dkny.com and www.donnakaran.com, and filed suit with the WIPO stating Wilson registered the domain name in bad faith. The WIPO panel agreed with Karan, requiring the domain name to be transferred from Wilson to The Donna Karan Company.
How to Trademark a Name
Anyone whose name also identifies a business or profession should consider trademarking their actual name. If you are considering establishing a trademark for your name, you should first perform a trademark search with LegalZoom or by going to the U.S. Patent and Trademark Office’s (USPTO) Web site at www.uspto.gov , to determine if it is claimed as a mark by someone else. The USPTO reviews trademark applications for federal registration and determines whether an applicant meets the requirements for federal registration.
Please note, if you do not register your name you can still use a mark you have adopted to identify the source of your goods and/or services. Anytime you claim rights to a mark, you may use the “TM” (trademark) or “SM” (service mark) symbol, regardless of whether you filed an application with the USPTO. But, registering your mark will offer you added protection under Trademark Law, including giving you the ability to bring action in court concerning the mark, and obtaining registration in foreign countries. The mark ® can only be used after the mark is actually registered with the USPTO.
Would you trust the most important decisions of your life to others?
Posted by admin on May 6, 2008
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| Would you trust the most important decisions of your life to others – especially decisions that affect the welfare of your children? The answer is: of course not! However, unless you have a will, that is precisely what will happen. Under state law, the state will determine who, if anyone, is entitled to your estate upon your death. A will is a legal instrument that specifies who are to be the beneficiaries of your estate, and when they are to receive their inheritance. The act of dying without a will is called “dying intestate”. People who are not named as beneficiaries may challenge the wishes of the decedent. By properly preparing a will, you can reduce this risk. There are rules and regulations that limit to whom you may leave your It is always a good idea to keep a copy of your will in a place that is Don’t leave the decision up to others of how your estate is to be divided. We hope you enjoy your visit, and we look forward to providing you with
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Sincerely, Robert L. Shapiro and The LegalZoom Team |
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