Entries by Michael Spadaccini

West Virginia Lemon Law

Below is a summary of Lemon Law rules and statutes in West Virginia. Keep in mind that rules and laws change. It’ s always a good idea to confirm the rules with the court or with further research. What Vehicles Are Covered by the Lemon Law?   Passenger cars, pickup trucks, vans and motor vehicle […]

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Wyoming Lemon Law

Below is a summary of Lemon Law rules and statutes in Wyoming. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules your state’s consumer protection agency or with further research. What Vehicles Are Covered by the Lemon Law? Vehicles under 10,000 pounds Gross Vehicle Weight, sold or […]

Alaska Lemon Law

Below is a summary of Lemon Law rules and statutes in Alaska. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules your state’s consumer protection agency or with further research. What Vehicles Are Covered by the Lemon Law? Four-wheel vehicles normally used for personal, family or household […]

What Do Trademark Symbols Mean, and How to Use Them

LearnAboutLaw Staff July 2007 The ® and ™ SymbolsThe ® and ™ symbols that denote trademark status are routinely misused. These symbols have different meanings. We’ll clarify the difference here. The symbol ® means that a mark is a registered mark, and should be applied only to marks that have received U. S. trademark registration. […]

Strong Trademarks vs. Weak Trademarks

IntroductionTrademarks are routinely interpreted in the courts as “strong” or “weak”, or somewhere in between. The entrepreneur should always endeavor to develop strong marks from the earliest stages of his enterprise’s development. Trademarks are evaluated on a continuum ranging from generic, to descriptive, to suggestive, and finally, to arbitrary or fanciful. Recall that a trademark […]

Intellectual Property Law Introduction

LearnAboutLaw Staff July 2007 Intellectual Property (IP) refers to the ownership rights that attach to ideas and creative work product. IP is no different from any other property: it can be sold, bought, rented, divided, licensed, loaned, given, pledged, and taxed. The most powerful IP right of all is the owner’s right to exclusive use–in […]

How To Build A Great Trademark

LearnAboutLaw Staff March 2008 Introduction Strong, memorable trademarks are the signs of an experienced and thoughtful entrepreneur. What’s more, great trademarks inspire confidence in customers–before they even know who you are. Basics and BackgroundFirst of all, trademarks can be easy to protect, or impossible to protect. A trademark is protectable if it is a “strong” […]

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What Is Property?

LearnAboutLaw Staff July 2007 Property is any thing that is commonly recognized as being the possession of a thing or group. Important types of property include real property (land), personal property (physical possessions), and intellectual property (rights over artistic creations, inventions, etc.). Property can be tangible (objects such as cars, clothing, or a dead fox) […]

Trademark Law | Fair Use Law

Everything You Need to Know About Trademarks and Fair Use Robert Kleinman is an experienced licensed attorney. He earned an LL.M. in Intellectual Property from the Benjamin N. Cardozo School of Law. robert[at]austintrademarklaw.com Trademarks are one of those things in life that nearly no one understands, but that just about everyone is unwilling to admit. So I’ll […]

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Tax Advantages of LLCs

LearnAboutLaw Staff July 2007 Owners of businesses often inquire as to whether organizing as an LLC offers any tax benefits. The following are some ideas on how an LLC can be organized in a manner that gives a net tax savings. As with any taxation or legal issue, you should seek professional guidance before putting […]

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Tax Advantages of Corporations

LearnAboutLaw Staff July 2007 Owners of businesses often inquire as to whether organizing as a Corporation offers any tax benefits. The following are some ideas on how a Corporation can be organized in a manner that gives a net tax savings. As with any taxation or legal issue, you should seek professional guidance before putting […]

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Stop Debt Collectors

Debt collectors are restricted by powerful state and federal laws from a wide range of practices. You can stop debt collectors from harassing you by following a few guidelines. The principal law that protects debtors from harassment is the Fair Debt Collection Practices Act (the FDCPA). This law imposes obligations on debt collectors, protects debtors, […]

Statute of Limitations for All 50 States

The following table shows the statute of limitations for all 50 states. // // // // // // // // Written Contracts and Book/Open Accounts (Definition of Book Account) Oral Contracts and Agreements Negligence: Injury to Person (Definition of Negligence) Negligence: Property Damage (Definition of Negligence) ALABAMA STATUTE OF LIMITATIONS 6 6 2 6 ALASKA […]

Gifts of Securities Under Rule 144

by LearnAboutLaw Staff July, 2007 Rule 144, promulgated under the Securities Act of 1933, is a safe harbor provision that allows holders of restricted securities to make sales of stock when certain conditions are met. For an overview of Rule 144, read the article here . A question that often arises in a Rule 144 […]

Where Our Laws Come From: Ancient Roman Beginnings

LearnAboutLaw Staff July 2007 Laws are, for the most part, immutable. Once established, laws change very slowly, often taking centuries to adapt and transform. The laws of real estate and contracts have changed very little in a thousand years. Property crimes such as theft and destruction of property, as well as crimes against the person […]