Trademark Your Word, Phrase, Symbol or Design

Trademark Your Word, Phrase, Symbol or Design: A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. When you file a trademark registration application the examining attorney will review the application and may issue refusals based on the Trademark Act of 1946, 15 U.S.C. §1051 et seq., or the Trademark Rules of Practice, 37 C.F.R. Part 2. The most common reasons for refusing registration are because the mark is: •    Likely to cause confusion with a mark in a registration or...

Why You Need To Read Your Title Commitment

The title process involves a lot of research on the property to be transferred, and a number of problems may come up after settlement if the title commitment has not been read thoroughly. For example, when a new owner realizes that they do/don’t have easements or right-of-ways, the dimensions of the lot were totally different from what they thought they bought, other entities had a claim to all or part of their lot and so on. The title commitment has different schedules and parts which includes the following: • Schedule A of the commitment details the parties involved in the...

Leftover Sellers in your New Home?

Everyone fears sellers staying in your new purchased home after closing. However, once you have closed, you lose whatever leverage you once had over the sellers. If the sellers decide not to leave after closing you may have some options such as eviction or suing them. It is always best to have the sellers hand over the keys or leave the premises before or upon closing. June Fletcher of the Wall Street Journal advises that “if all goes well and the seller leaves on the agreed-on day, do another walk-through of the home, even if you already did one before...

Boyer Law Wins $4.8 M Judgment Reversal on Appeal

In a case with international “flavor”, I argued that a $4.8 million dollars judgment entered against my clients was improper. My clients were living in France and were at that stage not defending the lawsuit. My clients were notified by regular mail of the final hearing to introduce evidence to determine the amount of damages that they would have to pay. However, the plaintiff mailed the notice only 10 days ahead of the hearing. Obviously, my clients did not receive the notice by mail until after the judgment was entered after the hearing. The mail between the U.S. and Europe...

Short Sales leave margin for Fraud in Florida

No kidding? Is there ANY type of fraud that does not occur in here? Here is another good article published in The Miami Herald about fraud in the short sale process. A recent report shows a new kind of mortgage fraud will likely grow as short sales become a part of the Florida real estate landscape. BY KIMBERLY MILLER PALM BEACH POST A national financial consulting firm has warned that the real estate market is increasingly vulnerable to a new kind of mortgage fraud based on manipulating short sales. According to a study released by the Santa Ana, Calif.-based company...

Nearly 25% of all Foreign Buyers choose Florida

I knew it…Here is more proof. Florida remains the dream place for many foreigners, and not only Latin Americans…. BY KIMBERLY MILLER PALM BEACH POST International buyers have helped buttress Florida’s real estate market with 22 percent of all foreign clients nationally choosing property in the Sunshine State. That makes Florida tops for attracting foreign interest, according to a summer report by the National Association of Realtors. California came in a far second with 12 percent of the international market. While Florida’s share of foreign clients has slipped from a recent high of more than 26 percent in 2008, bargain...

Foreign Students and Fake Schools

Here is a typical exemple of fraud occurring with some “schools”…. Aussie Air at Fort Lauderdale Executive airport didn’t have federal certification. Adrian Garcia, a 20-year-old from Spain, knew he wanted to be a pilot by the time he turned 9. After high school, he began working at a small airport in his native country and soon was searching online for a flight school. He picked Aussie Air, an aviation school in Fort Lauderdale, because its tuition was relatively low and it promised to get him into a pilot’s seat quickly. When the school agreed to drop the price from...

JAX Commercial Harbor to be Florida’s Biggest

JAX Commercial Harbor to be Florida’s Biggest: The Port of Jacksonville aims to increase the number of containers it handles by 25 percent by 2012, and challenge Miami as Florida’s top port, despite forecasts of a slowdown in international trade growth. More customers will move their cargo through Jacksonville instead of other Southeast ports, such as Savannah, Ga., as Jacksonville gains new shipping services, thus creating more competitive prices. The port’s container handling is above pre-recession levels, largely because it added new shipping services during the international trade slump. The port’s earlier expectation of increased Asian trade creating a $1.8...