law Judgement

Attorney Denver DUI - How To Find The Best Defense

2007-07-13T01:25:00.000-07:00

Attorney Denver DUI - How To Find The Best Defense
By Earl Taylor

If you were caught drinking and driving in Denver, you will most certainly need to find yourself a Denver DUI attorney. Should you live in the area, this shouldn’t be too difficult, but there are a few things you should keep in mind during your search for a good Denver DUI attorney.

The first place most people look for a Denver DUI attorney is in the Yellow Pages or in an online directory. While this is a great way to see all the names and addresses, it will not give you an accurate idea of how good each lawyer is. You have no idea whether or not he or she has a good reputation or how many cases have been won. And let’s face it, the reason you want a Denver DUI attorney is to get you off the hook, so he had better be good!

So, how do you go about verifying all those attorneys listed? You can go about it one of two ways. The first is to track them manually, call each Denver DUI attorney up and ask for references and case statistics. This can be quite time consuming and of course, they could lie to you. The second method is to find an attorney directory online that gives you more information about each attorney.

Many proper directories actually link to websites for the Denver DUI attorney you are looking for and you can easily access all the information you need to get a good feel for the company. Doing some research ahead of time is vital if you want to find a decent Denver DUI attorney who can help you win your case.

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Austin DWI - How To Handle Your Violation

2007-07-13T01:21:00.000-07:00

Austin DWI - How To Handle Your Violation
By Earl Taylor

While you should never drive while intoxicated, in Austin or anywhere else, it also helps to know the rules. What exactly constitutes a Austin DWI violation? That is what we will discuss here. The Austin DWI laws are quite strict and as long as you know what they are, you can avoid a lot of serious problems.

An Austin DWI offense is regulated by the blood alcohol content. When a police officer stops you for suspicious driving, he is permitted to do a blood alcohol test on the driver of the car. This may be either a breath test or a blood test, but it is completely legal under Austin DWI law for the official to request it. If your blood alcohol concentration is over .08, the legal limit, you can be arrested. If you refuse to take the test, you will be assumed guilty, so it is worth doing the breath analysis in case you are actually below the limit.

While the blood alcohol content test is a legal Austin DWI method of testing potentially drunk drivers, police officers usually begin by administering a sobriety test. These are pretty standard all over the country, where you will be asked to touch your nose with alternating fingers, walk in a straight line and stand on one foot. Should you fail this, you will be given the blood alcohol test. If you fail the test, you will be arrested under Austin DWI law and taken in to the police station.

Austin DWI laws are quite specific and you should be very careful to avoid breaking them since you can be held in jail until your court date. Simply appointing a designated driver will solve all these problems on a good night out.

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Drought - Stopping its Negative Consequences

2007-07-13T01:18:00.000-07:00

Drought - Stopping its Negative Consequences
By K. Kemper

I have written how to stop floods. In practicality, this is the opposite. All municipalities control fresh water to each address and waste water from each address. We only need to add more pumps and connect each city's lines to each other. Right now, we have a myriad of separate systems. Like with buses and airplanes, we need only connect them to have access to more water or to be able to pump out excess fresh or waste water. Thus, when rainfall in inadequate for the farmer's, home owners or others' use, [in the mid west or elsewhere], we only need to have in place, in advance, agreements with surrounding municipalities to receive water from them and to be able to pump excess water out too, when needed.

A decade ago, or so, California had a season with water rationing. That made me laugh. The powers that be only needed to do two things to insure themselves unlimited water; obtain it from another state [like in buying cross state electrical power] and develop along the coast, water DESALINIZATION plants. The LA area has one or more. I have not ever heard of one in the N. Calif area. EVERY state adjacent to the ocean or a large lake should have such a process available.

It is recognized that oceans, rivers, lakes, streams and other bodies of water fall under some government agency. Since this is so, it takes time to coordinate plans to make sure everyone who wishes water at least gets to be heard, and if the "infrastructure" exists, and the costs "reasonable", he who wants water, gets water [or gets rid of it]. Like major water ways, especially the Colorado River adjoining Arizona and California, who gets what amount of it and who pays for its distribution has become a decades long argument and such argument has included Mexico!

Next, rain does fall over every foot of land on earth, but sometimes, it just takes longer at some sites than other sites. When it takes "longer", there is nothing stopping hydrologists and scientists from creating water retention systems from plastic sheeting over mountains and over any water collecting flaura. Also, as in the Death Valley area, cavers have found underground caverns holding many acre feet of water.

In reminder, as long as no geographical lines are illegally crossed, water can be shipped via standard water lines to central distribution areas and from there, sprinkling systems can disseminate water to buildings, ag land or for other use.

Los Angeles DUI Lawyers - Learn the Facts!

2007-07-13T01:15:00.000-07:00

Los Angeles DUI Lawyers - Learn the Facts!
By Karen Kirby

Waking up to discover that you are sitting in a jail cell and being charged with a DUI (driving under the influence) is a frightening experience. Many people in this situation are first time offenders and are startled to discover that even first time offenses can cost them as much as $50,000 in the state of California. This is a high price to pay, and if you do not know what you are doing or hire competent legal counsel to help you, you could be working off your fine for the next several years.

If you are facing charges of DUI or if you know someone who is, the most important thing for you to do right now is hire experienced and competent Los Angeles DUI lawyers to assist you or your loved one. One of the worst places to be facing charges is in Los Angeles, California, because the state takes DUI offenses very seriously. Many people are killed each year by people who are driving under the influence and California courts use costly punishments to discourage drivers from making this often lethal mistake.

When facing DUI charges, it is very important to understand the legal process and what to do next. After posting bail, a person is released from jail, but they have more troubles ahead. The person charged with DUI is given a hearing date, which is a date that they are to go before a judge and discuss their crime. The judge will look over the evidence, hear from the prosecutor, and listen to anything that the defendant has to say.

The hearing is the most crucial time of the DUI process, because that is when the judge will decide whether or not the defendant is in fact guilty, and if they are, that is when the judge will determine their sentencing. If you do not have Los Angeles DUI lawyers at your DUI hearing that knows exactly how the process works or exactly what they should do or say at any given time, your future will be in jeopardy. There is no substitute for hiring competent Los Angeles DUI lawyers.

If you are facing DUI charges, what you need to do right now to ensure the best quality future for yourself is hire an experienced Los Angeles DUI lawyers from WeDoDui.com.

Gold & Witham, serving as both Orange County and Los Angeles DUI defense attorneys at law, are devoted to the principle that attorneys are of the greatest service when they tailor their professional skill, experience, and strategy to their client's individual concerns and needs. For more information on Los Angeles DUI lawyers, please go to http://www.wedodui.com or call 877-WeDoDUI or 877-933-6384.

Get Sued By Competitors for Lying On Your Privacy Policy

2007-07-12T03:36:00.000-07:00

Get Sued By Competitors for Lying On Your Privacy Policy
By Richard Chapo

Many sites put up privacy policies without giving them much thought. Once up, they are often forgotten about even if the policy is later changed. This can lead to disaster as one recent case showed.

You probably are not surprised to learn that lying in your privacy policy can get you into trouble. You will definitely be surprised to learn, however, that your competitors could be the parties suing you. Even worse, they could sue you for millions and win! How could this be? It all boils down to competition. In this case, claims of unfair competition.

The Lanham Act is a federal law that established rules related to unfair competition. Part of the language of the Act prohibits businesses from using false statements that a consumer may use in deciding to use the business instead of a competitor. This can include your privacy policy. If you state in your privacy policy that you do not share visitor information with third parties, but then do so, you are making the false statement called for in the Lanham Act.

For this to get you in trouble, however, the false statement must give you an advantage over competitors, to wit, your competitors admit they give visitor information to others. Making the determination in court is a question of fact, which means a jury will decide. Regardless, it is a risky proposition.

Getting rid of the technical legal jargon, the use of the Lanham Act in relation to privacy policies on sites is all about privacy. Between phishing, email and other online scams, many people are nervous about providing their personal information to sites. Along with this heightened public awareness comes a new unique selling position for sites – assuring privacy! Simply put, more people are likely to use a site that does not share their information with third parties than one that admits it does. If false assurances are given, the advantage is gained without merit, which is where a claim under the Lanham Act comes in.

Ultimately, you need to have a privacy policy on your site. Make sure it is accurate and updated as required so that you do not run into a situation where a competitor actually sues you.

Richard A. Chapo is an internet attorney with SanDiegoBusinessLawFirm.com.

2007-07-12T03:34:00.000-07:00

What is Cybersquatting and What Can Be Done About It? ACPA or UDRP?
By Michael Cohen

Have you ever had a third party register a domain name that is either exactly the same or very similar to your trademark? If so, it may be a Cybersquatting issue. Cybersquatting is registering, trafficking in, or using a domain name with a bad-faith intent to profit from the goodwill of a trademark belonging to someone else. To address this issue, Congress enacted what is known as the Anticybersquatting Consumer Protection Act ("ACPA"). The ACPA amended the Lanham Act by providing trademark owners with a civil remedy against cybersquatting.

If you’re not sure how this may affect your business, let’s run through some examples. The typical scenario is that the name of your product, or your company name is a registered trademark (or a strong common law trademark). However, you failed to register the domain name for whatever reason. Joe Schmo cybersquatter decides to beat you to the punch and registers the domain name of your trademark. He may have even registered plural versions or misspellings of your trademark as well (this is known as typosquatting). Joe Schmo cybersquatter is simply holding the domain name for ransom hoping to sell it back to you for a nice profit, or he may decide to keep domain name knowing that he will get a lot of traffic to his websites. The cybersquatter may sell products similar to yours or is simply engaged in affiliate marketing and makes money off of the clicks on his website. These situations can obviously cause consumer confusion and can easily cause lost profits to your company and dilution of your trademark(s) as well.

One avenue of recourse is filing an ACPA claim in federal court. The Plaintiff in an Anti-Cybersquatting suit must establish:

1. The Defendant has a bad faith intent to profit from the mark, including a defendant name which is protected as a mark;
2. registers, traffics in, or uses a domain name that--

(I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;

(II) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or

(III) is a trademark, word, or name protected by reason of 18 U.S.C. § 706 (the Red Cross, the American National Red Cross or the Geneva cross) or 36 U.S.C. § 220506

It’s important to distinguish cases in which the cybersquatter is obviously acting in bad faith, from situations in which the individual simply registered the domain name with the intent of doing something else with it that is unrelated to trademark owner’s goods and/or services.

The ACPA excludes a finding of bad faith where the domain name holder reasonably believed that the use was “fair use” or otherwise lawful. Accordingly, bad faith is the biggest component in an ACPA claim. So what is bad faith? There are several elements the federal courts will consider such as:

The trademark ownership rights held by the mark owner;
The closeness of the domain name and the cybersquatter’s name;
The cybersquatter’s commercial use of the domain name for access to a web site;
The cybersquatter’s intent to divert web traffic from the mark owner;
The cybersquatter’s offer to sell the domain name to the mark owner;
Whether the cybersquatter gave misleading information in registering the domain name; and Similar or repeated cybersquatting on other marks.

For example, in Hasbro Inc. v. Clue Computing Inc. [66 F. Supp.2d 177 (D. Mass 2000)], the district court held that Clue Computing’s use of its registered domain name clue.com, was in fair use, despite Hasbro’s existing registration of the trademark “Clue” for its famous board game. The two company’s fields in which the names were used were not related; Clue Computing had registered the disputed domain name first, used it in legitimate commerce, and not attempted to sell the domain name to Hasbro.

UDRP or ACPA?

So if you’ve concluded that someone has cybersquatted one of your trademarks, should you file a ACPA lawsuit? Before doing so, you should consult with your intellectual property attorney about other avenues such as the Uniform Domain Name Dispute Resolution Policy (“UDRP“). UDPR is an ICANN-approved arbitration that resolves domain name disputes submitted to ICANN for resolution. Very often (nearly 75% of UDRP cases) results in the cancellation of the cybersquatter’s domain name registration. The standards to establish cybersquatting in UDRP cases for wrongful registration is very similar to ACPA’s standards. Furthermore, UDRP proceedings are typically much less expensive and quicker (about 2-3 months total compared to ACPA which is federal litigation and may take years if not settled before trial). Another advantage with the UDRP is that it’s well suited for international domain name disputes because the hearings are ex parte (based only on filed documents; no witnesses or parties are present). UDRP can be used in addition to an ACPA litigation or possibly done before or after an ACPA ruling because UDRP rulings are not binding upon the courts. Also, UDRP findings may be appealed. This is a departure from most arbitration practice (www.icann.org/udrp).

However, the remedies in UDRP proceedings are limited to only transfers of the domain name. Compared to an ACPA litigation, the Plaintiff may obtain monetary damages, attorney’s fees and costs (in exceptional cases), and/or an injunction, in addition to the cancellation or transfer of the improper web domain name to the original owner. Furthermore, under ACPA the Plaintiff has the option of suing for statutory damages for $1,000 to $100,000, as the court deems just under the circumstances.

© 2007 Michael N. Cohen, Esq. Mr. Cohen specializes in intellectual property and is a licensed patent attorney in Los Angeles, California. No portion of this article may be copied, retransmitted, reposted, duplicated or otherwise used without the express written approval of the author. Michael Cohen can be reached at 310-288-4500, http://www.patentlawip.com or http://www.trademarkattorneyip.com

This article is not intended as a substitute for legal advice. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. You should consult with an attorney familiar with the issues and the laws.

2007-07-12T03:31:00.000-07:00

Legal Music Downloading
By Jakob Culver

Internet Music downloads have come a long way in a small amount of time. Just a few years ago music companies and individual artist were in an uproar over music download sites. Music download sites such as Napster allowed online users to share and download music for free. Many individual citizens that would never consider doing something illegal figured it was okay to get the music for free and stopped buying it in stores!.

The trend became so popular record sales took a nose dive and companies and artist were out of millions in potential revenue. The music industry fought back and Napster as well as similar sites were accused of stealing music, and forced to close up their businesses.

They may have been down but they were not out for the count! Napster and similar websites revamped and came back this time offering one hundred percent legal music downloads and still free to join.

Legal music downloads are becoming more and more popular due to the rise of the MP3 player. The digital revolution made buying legal music downloads a must for many people. People no longer feel its okay to get music for free especially with the risk of persecution. This new attitude has helped the industry continue to expand. Some people still choose to get free music downloads through illegal means but more often than not they pay the price.

There are still many Internet sites that offer music for free. But as the old adage goes you get what you pay for. This “free” music comes with a very heavy price. Most of it is littered with spyware and viruses that could cause permanent damage to your computer. Every single time you download music from such sites you are putting your computer at risk and you could even have charges filed against you for stealing music.

Don’t put yourself or your computer at unnecessary risk. Download one hundred percent legal music.

Jakob Culver is the owner and editor of AZArticles.com, a article directory and search engine where you can find more articles related to legal music downloads

Community Property in Real Estate

2007-07-12T03:27:00.000-07:00

Community Property in Real Estate
By Phillip Gerson

In the sphere of homeownership, a legal divorce can cause a great deal of confusion. The question which hangs heavily over the separation is how to split up all of the joint assets. Some ex-spouses make it very easy by simply handing over everything and making a clean split. However, this is usually not the case, and certain issues can become quite complex. Perhaps the most complicated of these is how to split the home in half. And this question of real estate ownership depends primary on the state in which you live.

Most states use the “common law” system of property ownership. With this system, if one name is on a deed, title, or registration document, then the property belongs to that spouse without question. On the other hand, if both names are on a document of this kind, then the ex-spouses continue to share ownership in the property even after their divorce. More often then not, one owner will sell his or her share.

In other states, such as California, a system known as “community property” is used. Community property is anything and everything that a married couple own together. From the beginning of the marriage until the end, all money that is earned and all property that is purchased is considered community property. After the marriage is dissolved, both divorcees have an equal right to all of the property, unless it was purchased prior to the marriage. Likewise, they are both liable for all the debts acquired from the beginning of the marriage until the end. As you can see, under the system of community property, there are many grating issues, which must be monitored and resolved.

After a divorce, many feel disillusioned and vulnerable. However, it is important to be aware of what property is legally yours, or at least partly yours. This may include small assets or even something as large as your home. For any and all real estate issues, there are websites that can help. The experts at http://www.1californialoan.com have been assisting homeowners with these issues online since 1997.