Author: rainmakereditor

Trademark v Service Mark: Do I Need Both?

Intellectual property can be so confusing that many of us struggle to understand the delineation between the trademark, copyright, or patent, and all the different applications, registrations, and approvals that must be met simply to protect our branding mechanisms, our work, and our ‘artistic expressions,’ often which may have great value. The choices—and the process for registering can be complicated, which is why you should consult with an experienced attorney from the Bolender Law Firm as soon as possible.

The trademark is unusual as it also encompasses the service mark. For dynamic businesses of today participating in a world economy (and especially with the advent of the internet and online marketing and shopping), one or the other may be critical for marketing purposes. The trademark is one of the most common forms of intellectual property. Like all other types of intellectual property, it becomes yours as soon as the IP comes into existence; in other words, as soon as you create a mark designating the product that your company sells, you are in full ownership of it. Questions only arise should someone infringe on your creation, and then you are forced to ask them to cease and desist, or take further legal action.

More specifically, the service mark helps customers recognize the services that you offer—and because of the separation between the service mark and the trademark, familiarizing consumers with your products, it is completely possible that you could need both in terms of branding your company. Again, your intellectual property attorney can help you search whether or not there are other identical or extremely similar marks already out there that could cause your application to be rejected. If the mark is considered to be obscene or if it contains a symbol that could be the same or similar to that of a government seal of any sort, it may also be rejected by the United States Patent and Trademark Office.

Filling out the proper applications and registration for any type of intellectual property can be arduous, sometimes expensive, and the approval process may take a long time. Because of this, you should have the help of your intellectual property attorney, who can educate you fully on the process as well as discussing your true needs in terms of IP protection.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

 

contract

Five Tips to Make Sure Your Contract is Airtight

While it is generally true that contracts can be broken—that usually does not occur without repercussions and sometimes severe financial and legal penalties. Walking away from obligations is never a good idea and allowing yourself to be vulnerable to the complications of a broken contract could be dangerous for both your financial standing and the health of your business overall. If you are a business owner, you will probably sign many contracts over the years—whether with employees and independent contractors, vendors, partners, or other entities.

There is little point in creating a contract, however, if is not as solid as possible. Here are five tips to achieve an airtight contract:

  1. Be serious about the finest of details – this begins with outlining everyone involved in the contract, down to any dates of expiration for a business relationship, whether that is for a contractor, vendor, or someone else or another company.
  2. If possible, include specific dates for any required payments. Finances are not a subject that should be left open to interpretation! Whether the contract is relying on you to make payments or for someone to pay you, this should never be left open to ambiguity.
  3. Add a dispute resolution clause – whether you would settle a legal dispute using litigation, arbitration, or mediation, you can outline that clearly in this part of a contract, with the potential for saving monumental headaches later. Here, you can even be specific about where dispute resolution would take place, and who would pay any possible attorney’s fees. Alternative dispute resolution like mediation is extremely popular today for business disputes, and especially when the parties involved are interested in preserving a long-standing relationship.
  4. Be clear about partnerships – outline titles, job duties, financial information and profit disbursement schedules, as well as information or agreements regarding exit strategies and what happens if a partner dies.
  5. Discuss confidentiality – while this is important for full-time employees in many cases, it may be even more so for independent contractors—no matter what amount of time they work for you. And if your work is particularly sensitive, it may be necessary to have other sign a confidentiality agreement too.

Do you need legal assistance with a partnership issue or business dispute? If so, contact the Bolender Law Firm.  Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

 

denial

Insurers May Reconsider Their Denial Once You Have a Lawyer

Most of us purchase insurance either because we are required to or because we are trying to protect our assets, warding off financial devastation in the event of a catastrophe, and never imagining a denial over a valid claim. Car insurance is a good example as so many states do require motorists to have insurance before they get on the road. Even in the face of no requirements for insurance, however, most responsible individuals will purchase coverage anyway, to fend off any impending financial disaster—hoping to avoid paying out thousands of dollars for what could just be a fender bender requiring new parts on the new car. The bottom line, no matter what—and for everyone involved in the end—is that insurance is all about money. In most cases, the insurance companies make out very well, collecting premiums without ever having to give anything back to the policyholder, meaning they look forward to one gold mind after another.

Insurance companies bring in billions of dollars in profits every year, and because they realize how lucrative it is not to pay claims, in many cases they do everything possible to keep their money in the bank. You may be paying for car insurance, homeowner’s insurance, commercial insurance, commercial vehicle insurance, general liability, professional liability, and a wide range of different premiums. It is rare today that anyone lives such a simple life that they are just paying for insurance on a car.

Once you have been affected adversely by an accident, damages, or if you were being sued at your business or are the defendant in a professional liability lawsuit, you expect to cash in on all those months—or years—of payments, and get some major help. This is the time when you expect the insurance company to follow through on all their promises, whether made to you in person by the insurance agent, through commercials, literature, or more. Unfortunately, much of that is simply marketing, and even the best insurer may delay or give you a hard time about paying out a substantial claim. It is, however, in your best interest to hire an experienced insurance lawyer and surprise the insurer. Suddenly, they discover that they are speaking with your attorney instead of you, and they may straighten up quickly. It is not a good idea to try and take on the insurance company on your own in any instance.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

bad faith insurers

Are Bad Faith Insurers Ever Really Punished?

If you are under the impression that the wealthy insurance company usually wins, you are right, but dealing with bad faith insurers is another story altogether. And for a consumer or policyholder to win a battle against a large corporation raking in billions of dollars each year, the odds are stacked against them if they do not have skilled legal representation from a firm like The Bolender Law Firm. If you are currently experiencing issues with your insurance company over an important claim, do not try to go it alone! Such an endeavor requires resources, an extensive base of knowledge and familiarity with such cases, along with years of expertise.

Bad faith practices from an insurer could consist of any number of disturbing and infuriating types of behavior—from the typical, outright denial (and in some cases with an adjuster denying a claim without even looking at it), to unreasonable delays that are frustrating and occur with no good explanation, and other ploys like requests for excessive documentation—even to include strange requests like tax returns. While such requests may be made primarily to discourage you from pursuing a case, such information can also be used against you if they are hoping to prove that you may have filed a fraudulent claim due to financial problems.

With the representation of a skilled bad faith insurance lawyer who will act in your best interest, punitive damages may be awarded by the court. And while there is some punishment for the insurer, it may not equal much more than the amount of money you already put in as a policyholder, in the long run. Even if they are forced to extend some cash at their own due to penalties, in most cases such financial punishment is still nominal in the face of the billions they are bringing in. Punitive damages are meant to hurt the insurer however, making an example of their negligence and misconduct, and discouraging them from acting in bad faith in the future.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Intellectual Property Topics: How is the Trademark Enforced?

Whether you are applying for a trademark, copyright, or patent, intellectual property can be one of the most important assets you or your business will ever own. And although technically you own intellectual property as soon as you create it, without solid protection from the United States Patent and Trademark Office or the U.S. Copyright Office, you may have no legal recourse later in the case of infringement

Intellectual property, although required for many businesses to get ahead and to make a name for themselves in their industry, is a complex area of law and is often intimidating to business owners and individuals who may be creating a brand, or innovating in a wide range of products or services.
The trademark is necessary if you need to offer distinction between your products and those of other companies, as well as the services your business offers. The trademark is often also referred to as the brand-name, which makes sense as symbols like the ‘whoosh’ sign for Nike offer familiarity for consumers.

With the help of a skilled intellectual property attorney, you can search other trademarks and service marks, ensuring there is not already conflicting material registered. These types of searches are important so that you do not run into a legal issue later, allowing you to apply for a trademark without worry on your end, registering with the United States Patent and Trademark Office, and then enforcing legal action against anyone who may attempt to infringe.

Keep in mind also that the service mark is a subset of the trademark category, delineating not products, but rather announcing what you do. If either of these are infringed on, and you do have your trademark registered, you have numerous options—but this is not the time to go it alone! With the help a skilled intellectual property attorney from The Bolender Law Firm, you can request that the other party stop using your branding mechanisms, and a court order may be issued. You may also see an order issued for the other party to get rid of the infringing items, you may be owed damages, and infringer may even be forced to pay attorney’s fees.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Will Each Party Have an Attorney at Their Mediation?

There are so many benefits to mediation for business owners today that it is no surprise most of the outcomes are successful, but often they do require the presence of an attorney. While forced mediation in other cases—as commonly seen in divorce, for example—may be ineffective when the parties are not ready to come together and agree on a settlement, for business partners or those who have been in a working relationship for many years, mediation may be welcomed not only as a way to settle a dispute quickly and sometimes much more gracefully, but also to preserve what may be a friendship or a profitable partnership that could continue throughout the years.

The role of the mediator is not always easy, and although licensing is not required, they must bring great skill to the negotiating table in terms of remaining neutral but also knowing when to step in and help all parties involved communicate more clearly. To do so effectively, the mediator usually meets with each party before the process begins so that they can gain a clear understanding of the case. This usually means learning a little bit about each party, finding out how the dispute came about, and what goals need to be met overall for a settlement.

The relaxed, casual setting is usually conducive to promoting a better conversation between disputing parties, allowing for easier resolution; and while all of that may be true in your case, if you are concerned about a sizable amount of money or assets that are involved in the dispute, it may be in your best interest and that of your business, to have an attorney present at mediation. With the help of a skilled mediation attorney-and one who is in full support of the process, maybe spending a little more, but providing expert extra protection and added counsel during the process.

With an attorney inexperienced in mediation at your side, however, you could defeat the whole process, receiving the wrong type of advice for your situation and reducing the effectiveness of mediation overall. Consult with The Bolender Law Firm for skilled representation by an attorney who will support the process of alternative dispute resolution.

We will advocate on behalf of clients through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

patent

After the Patent Expires—Understanding the Public Domain

Intellectual property law is complex, and many entrepreneurs may not only feel too busy to understand IP in terms of application and registration, ownership—and ultimately, protection of the future—but they may also be intimidated by the entire process, and especially when filing a patent. No matter what though, IP is important to your own personal creations and those of your business. Intellectual property allows the global economy to thrive as invention and innovation are encouraged around the world. With your intellectual property duly protected, you also then have the free time required to focus on your business and expand research and development activity.

Patents can be extremely important for inventors, and especially valuable to a business focused on creating products and processes, for example. Dealing with a patent, and applying for one is best achieved with the help of an experienced intellectual property attorney who can help you determine what type of protection you actually need as well as searching to ensure there is not already a patent for an identical or similar invention. A skilled attorney will help you through the overall process of applying for a patent, as well as dealing with issues that may arise before you gain final approval. Getting a patent usually takes around a year or more, and you may have to jump through some hoops before you attain your goal.

But what happens if you go to all that effort, not only to bring forth innovation but then also to apply and register it, only to have your patent expires after around 20 years? While this can be good for the public domain in terms of innovations and processes that are in demand, you may be worried about what will happen once details of your invention emerge. And while you may be able to hold onto some of your trade secrets, once a patent is in the public domain that means that others have access to your prized work whether you wanted that to be the case or not.

There is also the chance that you may release your work into the public domain deliberately, allowing anyone to use it without permission—or you may release it into the public domain with restrictions on it too. None of these actions are recommended without the help of an experienced intellectual property attorney, however. The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

mediation

How Does Negotiating Occur in a Mediation?

Mediation offers many benefits for business owners engaged in legal disputes and interested in negotiating. While it is often tempting to head straight for the courtroom—and especially if there is a more adversarial scenario—sometimes the relaxed setting of mediation is the best way to go. Litigation has its place in settling many serious issues for business owners and others, but mediation and goals for a more proactive outcome from all parties involved. This requires great motivation, however, as everyone involved must focus on what is important and come together to make an agreement. When proceedings are progressing along in a positive manner, mediation may be completed sometimes in just a matter of hours, or perhaps a few days—but in comparison to a courtroom scenario, much time, effort, and even money can be saved.

In most cases, mediation promotes successful negotiation, with the mediator acting as a completely neutral party. They do, however, encourage cooperation as well as intervene at times regarding communications that could be misunderstood or need further clarification. Mediators may also take the time to ask questions of both parties while at the negotiation table, striving to see that everyone digs deep to understand where the other side is coming from—and perhaps even empathize and sympathize with the other party. This can lead to not only a faster agreement and settlement, but it may also preserve a working relationship that could have been forged years ago and is valuable to everyone.

For most parties involved in a mediation and negotiation, the process runs smoother when everyone has information. This means that each side should have as clear an understanding as possible about the dispute and know basically what it is that the other party wants. For business owners, mediation is usually agreed on by all involved because they are motivated to find a solution. Numerous elements are usually required for a successful experience in mediation though, from each party offering respect to each other and a willingness to listen, as well as demonstrating what can be extreme patience in focusing on reaching a settlement, and looking beyond the emotional aspects of the dispute.

The Bolender Law Firm will advocate on behalf of clients through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

fraud

Is the Insurance Company Insinuating Fraud Due to Your Financial Issues?

One of the worst parts about dealing with an accident that brings on an insurance claim is the element of surprise—and for sure, it’s not a good one–especially if you find an insurer is acting in bad faith or even accusing you of something like fraud. A car wreck is a perfect example. For most of us, any day is busy, and as we travel along our neighborhood streets or city highways, our usual goal is to get to work and then come home, along with completing errands, and getting children wherever they need to go, safely. Dealing with a car accident is much more than an inconvenience. It could even be catastrophic, resulting in serious injuries or fatalities.

Most of us are aware of the basic steps to take after a car accident, from seeking medical care to calling the police and sharing contact information so that we can file an insurance claim in a streamlined manner and with evidence—including everything from photos of the damage to the details of the police report to contact information for witnesses who were on the scene at the time; or, you may have endured some other type of disaster such as damage to your home. Homeowners’ claims are particularly devastating not only because as they say, home is where the heart is, but also because this is where you want to live and need to rest. To be uncomfortable in your own home or forced to leave in the case of damage can be incredibly stressful. To have unreasonable delays from the insurance company in the face of such distress can be extremely frustrating too, leaving you at your wits end.

While you may have done everything just right from beginning to end, from researching your insurance needs and finding an insurance agent, to paying your premiums, keeping up with your policies, and filing any claims in a timely manner and in good faith, the insurance company may not respond how you would expect or want, and especially if they are in the habit of practicing bad faith. This is often demonstrated with outright denials, unreasonable delays, and lowball offers, but there are many other forms of bad faith.

Unfortunately, intimidation of policyholders is all too common too, and you may be experiencing one of the most aggressive tactics, which is to accuse you of fraud. While just asking for excessive documentation or delaying indefinitely could be enough to cause some policyholders to get sick of the process and walk away—giving up thousands of dollars in the process—accusing someone of fraud (which could be a felony) takes the process to a new level.

The insurer bringing in a fraud investigation unit means more delays, plus the opportunity to put you in the hot seat. In the beginning, your claim may have seemed very straightforward, but in the face of such aggressive action, you may wonder if it was worth filing a claim when you are suddenly being asked to give tape recorded interviews, submit to many questions, and perhaps even give an examination under oath. This is when the process becomes scary, and you should not be navigating it alone. Consult with a bad faith insurance attorney who knows how to handle large insurance companies and will act in your best interest when they are not.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

legal representation

Insurers Behave Much Differently When You Have Legal Representation

After a car accident, no matter how mild or severe, you expect your insurance company to be there to help without having to enlist legal representation. This is exactly what they are paid to do, after all—and paid well according to ongoing statistics that show billions of dollars of profits pouring into the insurance industry annually. You are probably already aware that the insurance industry is definitely set in the favor of massive corporations living off consumers who many times are living paycheck to paycheck but still invest in insurance for the peace of mind in having protection of assets, even if that just means one or two cars.

The point is that we would all like to see everyone treated fairly by insurance companies, but that is not always the case—and without a skilled injury attorney or insurance lawyer, you may not receive the same level of respect from the insurance adjuster, who has a lot of power in the claims process.

Most of us are aware of our responsibilities before a car accident occurs. As policyholders, we are expected to pay our premiums, keep up with the details in our policies and uphold what we promised, and we are supposed to act in good faith, being honest and factual in the case of a claim. Most policyholders are very good about this from beginning to end, but unfortunately, insurance companies have become famous for giving the average consumer the short end of the stick.

On receiving a claim, the general idea is that the insurance company will act in good faith, take all the information into consideration, and generate a fair payment for any damage that is covered under a policy, settling a claim expediently. Sadly, even the best insurance agencies may drag their feet or delay or even treat a policyholder poorly if there is a substantial claim at hand and no legal representation. This is because insurance companies are fixated on the bottom line—not your best interests. If you are out there operating on your own—hoping to beat an insurance company in the legal system—you may be in for a very rude awakening, and especially if there is a substantial claim hanging in the balance. Remember: an insurance adjuster’s goal is to open and shut the case as soon as possible, with as little time and money expended on you as possible.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!