So you’ve got a valuable (in your opinion anyway) trademark and you watch it like a hawk to be sure nobody doesn’t tread on your valuable property.
After all, you went through the expensive process of getting the trademark in the first place. So, shouldn’t that be enough? If someone gets even near your property online, just ring up your attorney and sue the bastards.
Really, the gall of such people.
Not so fast their quickdraw. While suing for trademark infringement is always an option, it should be your last step, not your first.
Gather your bearings and make sure that your trademark has actually been infringed
Your trademark attorney at https://yourtrademarkattorney.com is the best guide for whether your trademark has actually been violated, but even before you call them, use some common sense.
Even if you have the right to sue for trademark infringement based upon actual use, or confusion, do you really want to sue your biggest fans?
And if you don’t believe their use of your trademark is so innocent, there are better ways to handle it.
And here, we mean to take every logical step to cover your bases and be the first to use your trademark.
If your brand is Skippy’s “Glow in the Dark” condoms, to use a tongue in cheek illustration, then make a list of every Twitter, Facebook, and Instagram URL’s that are very similar to yours.
Get the URLs for Skippys “Glowing” condoms, Skippy’s “nightlight” condoms, Skippy’s “neon” condoms, and every variety you can find similar to your trademark before someone else grabs it.
Don’t necessarily start with legal action by the website owner
Twitter, Facebook, and many of the larger websites have been sued dozens of times for
assisting in copyright infringement. And they almost never lose.
The reason is that websites such as Twitter have a high degree of immunity as a “social publisher.”
It would be unreasonable for Facebook, for example, to hire a human censor to monitor the millions upon millions of Facebook accounts and stop all trademark violations in the bud.
These major companies do have lots of tools to use to identify problems, but threatening them with a lawsuit is not the way to go.
Rest assured, the major companies have tools in place to handle trademark violations
Often, a simple contact by your attorney that there has been a trademark violation is enough to take care of everything without any fuss.
That method is a much gentler way of handling things than threatening either the publisher (such as Facebook) or the individual violator.
Going to court is an expensive and time-consuming process. Handle everything the easiest way possible.
Use traditional enforcement strategies when necessary
If all else fails, your attorney can take more serious action such as cease and desist orders. And for website URL have your attorney use the dispute resolution for domain names, offered by ICANN, the nonprofit that supervises all domain names.
If you’ve trademarked a name, then ICANN can and will strip the owner of the domain name and give it over to you.
Also, be very careful how big a deal you make of things like privacy invasion.
When singer Barbara Streisand sued a website for privacy violation in showing photos of her home on their website, the company actually got very little web traffic.
However, once news of the lawsuit hit the media, the same company went from getting just a few hits here and there to millions.
Your attorney is your best friend with regard to trademark disputes. Many issues can be handled quietly and quickly with little fuss. And when trademark violations are really serious, they can advise you when to let them go and when to take more serious legal action.
What Cosigning a bail Bond Means For You
Bail bonds resemble other financial transactions when it comes to cosigning. What cosigning a bail bond means for you is that you are now liable for the amount of money if the person you are cosigning for defaults. This means that should the defendant fail to appear in court for his hearing then you as the cosigner are liable for the bail money and expected to fulfill the requirements of the bond to the court. You may even have to sell some of your assets to raise the bail money or hand your friend over to the sheriff’s department so that they can have him in custody. Either of these options can be very difficult and so cosigning a bail bond is a decision you should carefully consider before making a move.
So what happens when the person you’ve decided to cosign the bond for jumps bail? This is usually where the problem begins. The full bail amount is due and the bail bond service has to pay the amount to the court and recover it from you as the cosigner and the defendant. This can range from a few hundred dollars which you can be able to raise from friends to thousands of dollars that can force you to sell your assets (car, jewelry, clothes, and even house) to raise. Cosigning also means you instead of the bail bond company become liable for the full bail amount. While the bail bonding company will pay the court the full amount, they’ll have to come after you to recover their losses.
However, as the cosigner, you are also entitled to some additional rights because you are assuring the court that you’ll make sure the defendant attends all court sessions relating to his case, but you’d better be sure the defendant does not disappoint. You can also negotiate with the bonding company for some stipulations to be met before cosigning. For instance, you can ask for the defendant to attend a certain drug rehabilitation program or a mental evaluation to become sober or ascertain his mental health. If you discover that the defendant is going to skip bail but have not fled the city yet, you can inform the bonding company of his whereabouts and request that they withdraw the bond. They will trace the defendant and lock him up in jail and you will be free of financial stress.
Therefore, cosigning a bail bond is not something you just decide to do without knowing the consequences if the primary signer fails to show up to court. It is not just promising the court by word-of-mouth that the defendant will attend the court sessions as scheduled without you being financially liable for their failure to honor their promise. If you are going to cosign a bail bond for your friend or family member, you’d better be sure they will show up. Otherwise, the financial implications can be burdensome, sometimes forcing you to get into debt to settle their bail bond amount in full. However, you can lay down some stipulations to be met before cosigning a bail bond. On the other hand, you may also inform the bail bond company of the defendant’s intention to skip bail and have him arrested and locked up before he flees the state.
Tips For Finding Your First Job After Law School
Many young and aspiring lawyers have different reasons for choosing a career in law. Whether it’s the desire to fight the injustice in society or the zeal to facilitate the biggest corporate deals in the industry, every new lawyer needs a platform to achieve success in the industry. However, becoming a lawyer in most parts of the world can only be achieved by firstly attending and completing law school and getting a higher degree.
Law School establishments all around the world are generally known to be quite challenging for students. A great deal of work placed on students, the frequency of scheduled tests, a variety of tasks, and the general difficulty of questions, are key factors that make law school students’ experiences highly challenging. It, therefore, makes sense for law school graduates to expect that all the hard work and time spent on finishing law school to be paid off upon graduation.
Staring Out as a Lawyer
Getting your dream job or landing your preferred law firm is a task almost as arduous as completing the law school itself. Law school graduates from across the country trying to get started their professional careers have to compete for very limited slots, which may ruin the chances of many promising young lawyers from getting the start they want.
However, getting your first job as a lawyer can be easier than it has been rumored to be. If the few tips provided in this article are followed closely and applied intelligently, you have a good chance of being selected by law firms suitable for your long-term interests in legal practice.
Keeping up with Legal Trends
It’s important for new lawyers to be up-to-date with recent trends in the legal industry. Considering the high level of competition during every recruitment season, every candidate needs a factor that stands them out in the industry. The inability of a young lawyer to identify major trends and changes in the legal industry greatly reduces his or her chances to become a selected candidate. Recruiters and potential employers always want lawyers who can successfully perform different tasks without constant supervision. Having proper knowledge of current legal trends is one of the ways to satisfy such requirements. Legal trends vary, starting from the updated procedures of the practice and ending with many tools used in performing legal tasks, including contract review software and other tech tools beneficial for lawyers.
Tailored CVS and Cover Letters
One common mistake made by most applicants is the use of generic CVs (Curriculum Vitae) when applying for their preferred law firms. Many new lawyers when applying for jobs use the same version of their CVs and cover letters for every firm they apply to. For sure, it seems to be a time-saving method. However, in most cases, it ends up being counterproductive. Different law firms have their peculiarities, and every company requires a diverse set of skills and the nature of knowledge it looks for in their preferred candidates.
When preparing your CV and cover letter for different law firms, it is important to make each CV and cover letter tailor-made for the law firm to which it will be sent. You are to emphasize the abilities and achievements that are more specific to the system of practice employed by the firm. For example, when applying to a law firm that focuses on litigation and dispute resolution, it is important to emphasize the qualities you possess that fit perfectly for a dispute resolution firm. Similarly, the cover letter should contain information about your abilities and achievements that would interest the particular firm in hiring you. In your cover letter, you should give reasons why you have selected that particular firm and why the firm should particularly consider you for the position. Avoid sending generic applications in order to truly stand out and have a good chance at landing a suitable job as a new lawyer.
Preparing for Interviews
No matter your level of knowledge and understanding of the law, it’s important to always prepare before going for an interview. While you cannot know the exact questions to be asked at the interview, preparing for the interview will give you a general scope of how to answer all potential questions. Preparing for interviews also boosts your confidence and prepares you beforehand to be spontaneous, if it’s necessary during your interview.
You can prepare for your law firm interview with your colleagues, seniors, and even your law professors who already have some experience with law firms and know which interview questions are likely to be asked.
There is barely a list that will effectively cover all the tips needed for new lawyers to land their first jobs. Besides the points made above, it’s also necessary to carefully research the law firm you are applying to, edit your CV and cover letter vehemently to avoid typographical errors, and present yourself properly at the interview. Applying all these tips collectively pretty much sums up how to get your first job as a lawyer.
Who Can Get a U.S. Attorney License and How
Obtaining a license as a practicing lawyer according to the classical scheme is usually the third step towards the practice of law for those who have a doctorate in law after graduation and graduation from law school.
A student with a Juris Doctor degree cannot practice as a lawyer until he is admitted and has passed the bar examination in the state where he wants to practice.
Obtaining a License upon Graduation from Law School
Each state of the United States has its own organization – a bar or bar association, which conducts an examination for the right to become a practicing lawyer with an appropriate license (bar examination).
To pass the exams for obtaining a license, you must provide a diploma, a testimonial from the dean of an educational institution, fill out a detailed questionnaire, pass fingerprints, report all violations committed (not only crimes, but even accidents), provide a list of all debts, pass an interview with “Candidate commission”.
The exam takes 4 days. Day One – Four-Hour Ethics Test (Multiple Choice Questions). The second day is a test of knowledge of laws common to all states of the United States. It also contains multiple choice questions, which often sound deceiving.
The last two days are devoted to 15 sections of substantive law, with a focus on the laws of the state where the exam is held. The questions are open-ended, for writing small essays to answer them, 8 hours are given every day. The exam results are published in the open press.
The exam is really difficult to pass, and not everyone, even from good schools, passes, for example, at Harvard Law School, the passage rate for graduates taking the exam is 89. Many successful and famous attorneys have actually failed a bar exam or two or three or four in their lives.
It should be noted that if a lawyer decides to transfer his practice to another state, he will need to pass the bar exam again in that state.
After obtaining a license, a lawyer is obliged to recruit a certain number of credits (classes) in his specialization, in another specialization (for general professional development), in professional ethics. This allows the lawyer to stay abreast of professional issues and develop.
Also, the Bar Association strictly monitors the professional ethics of lawyers. If the lawyer does not work (you cannot get through), has deceived you, then you can always file a complaint with the association, which will be considered and measures will be taken on it.
Obtaining a License without Graduating from Law School
In Washington, Vermont, Virginia and California, you can be admitted to the bar exam after practicing with a judge or practicing lawyer for a specified time (usually 2 years). This method is called reading law. In New York City, this must be accompanied by at least 1 year of law school attendance.
Licenses with Foreign Legal Education
New York allows the admission to bar examination of persons who have completed at least three years of education in common law (for example, English or Australian law). Individuals with two years of common law or three years of civil law studies may be admitted to bar examination after completing the one year L.L.M. program at an American institution.
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