Archive for December, 2008
Trademark Law & Branding Strategy: The Perils of Using a Geographic Term in a Product Name
Trademark laws prevent the use of geographic terms without secondary meaning as trademarks. A term that primarily describes the place a product originates is not entitled to trademark protection because it is geographically descriptive. If a term uses a geographic description and the public is likely to think that it is meant to indicate that [...]
Enforcement and Collection of California Money Judgments
It has been said many times that a civil money judgment is worth no more than the paper it is printed on. This is alarming to many people new to the civil court system. Obtaining a court judgment against a debtor takes a lot of time and effort, but it is only the first step. [...]
Court-Appointed Receiverships: Efficiency in the Court System
First, this is not a football term. In the legal universe, a receiver can be appointed by a government regulator pursuant to a statute, appointed by a court or appointed privately. Under a receivership, the receiver undertakes custodial responsibility over another’s property, assets and rights. The extent of the receiver’s duties and powers are stated [...]
Transferring Ownership of Real Property from Personal Ownership to LLC Ownership
If an individual chooses to form an LLC for property ownership purposes after the purchase of the property in their own name, it is possible for that individual to transfer ownership. A transfer deed can be executed, delivered and recorded whereby ownership is transferred from the individual to the LLC. However, there are some key [...]
Choosing the Correct Business Entity: LLC Not Always the Best Choice
LLC’s seem to be the fad right now across the U.S. For many situations, the popularity is warranted. However, it is important for an individual to assess the true nature of their “business” before rushing into the formation of a particular business entity. Consumerism as it is, there are far too many people out there [...]
Owning Real Property as an LLC or other Business Entity
Many real estate investors’ properties are owned under a separately formed entity–many times, but not always, by LLC’s. Such alternative ownership structure protects one’s personal assets. For example, if a claim or lawsuit arises relating to real estate owned by a properly formed and managed LLC, only the assets owned by the LLC are generally [...]