Posts belonging to Category Business Laws



Business, business idea protection, ideas protection, Intellectual property, IP law, IP lawyer, patents, protecting business ideas, trademarks

Registering a trademark is no easy task, as it entails a lot of deliberation and cautious strategizing. You might feel that your trademark is completely unique and incomparable, but there is still a possibility that it might get rejected on grounds of lack of distinctiveness or for infringing someone else’s trademark. These are the factors why you require a trademark lawyer to help you.


By hiring a trademark lawyer you will get guidance from an expert who has a great deal of experience in trademark registration processes and lawsuits. He or she can assist you to assess if your trademark is unique and specific enough. He or she can also advise you on the means of trademark registration which would fit your requirements. He can, for example, advise you on if you have to register a graphic representation and some text as a trademark or if a mark alone will be better.

The work of a trademark lawyer also gains significance in light of the fact that even though you might have an acceptable claim for a trademark, an error in filing the application could prove expensive and get your application denied. If you are aided by an expert in the area, filing the registration forms will be much simpler and you will be able to get your trademark authorised without having to face problems arising out of your restricted understanding of these procedures.

Although trademark authorities have a detailed database of existing trademarks, perusing these and comparing them to your own is again a long drawn and arduous task which you may fail to complete effectively. For laymen, who are completely unaware of the processes relating to intellectual property laws, the task of registering a trademark will be even harder.

Hence, even though theoretically an individual can get a trademark registration done on his own, it is always advisable to hire a trademark lawyer who can put forward your case for trademark registration in the correct manner.

Discover more about Trademark Registration Singapore and discover how does a patent lawyer and IP protection increase the net worth of your business very fast. Get a totally unique version of this article from our article submission service

Massachusetts Toughens Rules For Small Claims Collection Lawsuits

The Massachusetts Supreme Judicial Court revealed last week that it has amended some of the rules governing the use of small claims courts. The Court said that the changes were formed specifically to address the amount of debt collection cases that are filed in small claims courts.


The rule changes come on the recommendation of the Small Claims Working Group, a panel of legal experts that was created in 2006 to examine and improve current small claims practices. In a press release revealing the changes, the Supreme Judicial Court noted that While the rules apply to all small claims matters, there will be a major impact on debt collection cases. The changes address many of the problems recognized by the Working Group in collection cases, and four in particular: increased validness of service, inadequately detailed claims, increased close examination of default judgments, and notice to the court when a judgment is paid.

Adam Olshan, an attorney with Law Offices, Howard Lee Schiff, P.C. in Worcester, Mass., agrees that some collection law firms will be affected. This will impact the high-volume collection law firms.

But Olshan, who was on the Working Group representing credit card issuers, noted that most collection law firms ” including his own ” do not take advantage of small claims courts. If the plaintiff fails to validate the address, the court may not enter a default judgment if the defendant later fails to appear for trial.

The changes also add raised scrutiny to default judgments that are entered. New small claims laws require plaintiffs to notify the court in writing when a small claims judgment has been paid in full, or be responsible for any reasonable costs incurred by the defendant in later establishing that it was satisfied.

Another requirement is that the magistrate or judge is to examine the terms of any agreement for judgment with the parties if they are present in court. This insures that the court does not order or otherwise endorse any private payment agreement that relies on exempt sources of income. This avoids any prejudiced surprise to the defendant by delaying any levy on the judgment until the defendant has had an opportunity to pay as ordered or to attend a payment hearing.

Mallory McGuinness is employed by a collections agency that works with a debt collection lawyer. Also, she does articles on business, finance, consumer spending and collections agencies.

Record Companies Are Now Suing Mobile Carriers For Royalties

It appears as though the music industry has found a new strategy to cash in on royalties. As music lovers are well aware, at first these companies tried to sue individual users for illegally downloading music. But it is painfully clear that this approach to recover from major financial loss has destroyed their image in the public eye.


In lieu of lowering the price of albums in order to go up against the free music circulating through the internet, the music industry has turned to collection agencies who are now taking legal action against cellphone companies over royalties from ring tones. They claimed that ring tones counted as public performances so cell phone companies should be obligated to pay performance fees. The courts quickly renounced this claim.

After this unsuccessful attempt to collect money, Broadcast Music Inc is now suing T-Mobile over ring back tones, contesting that the cell phone company is selling them without agreeing to licensing agreements. Instead of ring tones, which play out loud when someone calls a cellphone, ring back tones play expressly to the person calling. That is to say, instead of hearing a cellphone dialing tone, the caller will hear a song chosen by the cell owner.

Cynics are quickly to point out the seeming irony of this lawsuit. Ringtones which can be heard by anyone around a cellphone do not count as a public performance, so it seems ridiculous to sue the mobile carriers over a ringback tone that can be heard solely by the caller. The music industry, suffering from major financial losses, seems to be grasping at straws in order to collect any money that they possibly can.

It does not appear that lowering the cost of CDs, DVDs and other media is an plan that has occurred to the music industry. There are still quite a few fans out there that prefer to collect and own the actual products, but with prices constantly spiking, downloading music for free seems very appealing. Many CDs generally go on sale for about seventeen dollars.

Some bands have been avoiding the issue of music downloading through different tactics. Radiohead, an alternative rock band, created a website where fans are allowed to download the music for free, or for a donation. Nine Inch Nails’ Trent Reznor has created a similar website. Keeping record companies’ unsuccessful lawsuits and declining public image in mind, it appears as though creative thinking and fair pricing may be more productive than bullying money out of mobile carriers and individual users.

Mallory McGuinness-Hickey is employed by debt collection company Rapid Recovery Solution and writes free lance pieces on financial news. Get a totally unique version of this article from our article submission service