You just found out that your Maryland Limited Liability Company (LLC) is not in good standing. What do you do now? “Not in Good Standing” “Not in good standing” means the business entity is not in compliance with one or more Maryland laws that apply to businesses and their responsibilities in the State of Maryland. The [..]
My client was sued for trademark infringement and cyberpiracy. The United States District Court for the District of Maryland granted summary judgment and the Fourt Circuit Court of Appeals Affirmed in B&J Enters. v. Giordano, 329 F. App’x 411, 417 (4th Cir. 2009). Below is my brief to the Fourth Circuit Court of Appeals. STATEMENT OF FACTS The [..]
Maryland Appeals Court affirms trial won by Attorney Day As a small business owner, you may get in the position when you are forced to collect on a judgment. Unfortunately, part of that effort is to find and recover assets that may have been purposefully hidden. A Maryland appeals court recently affirmed a trial verdict [..]
Judge Finds Tenant’s Evidence “Suspect” After Cross Examination, $85,636 Judgment for Commercial Landlord
I have included a picture of the “suspect” evidence…you be the judge. What should have been a run-of-the-mill commercial lease dispute over a failure to pay rent turned into a two-day bench trial when the tenant produced an alternate lease and alleged deposit slips showing that all rent was paid. I went in knowing that [..]
JUDGE TOSSES $50,000 SLIP-AND-FALL CASE AFTER ATTORNEY WILIAM DAY ARGUES THAT COMMERCIAL LANDLORD WAS NOT LIABLE FOR TENANT’S GUESTS
Recently, Judge Clark of the D.C. Superior Court agreed with Washington, D.C. attorney William Day that a commercial landlord was not liable for any injury suffered by the guest of its tenant. Day was defending a commercial landlord who was sued by the guest of the landlord’s tenant. The lawsuit claimed $50,000 in damages. The guest alleged that he [..]
Viacom, Inc. has filed a lawsuit against IJR Capital Investments in Houston, Texas for planning to operate a restaurant called “The Krusty Krab.” According to the complaint, IJR has been promoting the restaurant on social media and has filed an “intent to use” the mark with the U.S. Patent and Trademark Office. Viacom claims that [..]
What are “common law” trademark rights? Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application.
If a business has applied for a trademark but it is not yet approved, should it us the “TM” whenever it uses the trademark?
Short answer is yes. If the business claims rights to use a mark, they may use the “TM” (trademark) or “SM” (service mark) designation to alert the public to their claim of a “common-law” mark. No registration is necessary to use a “TM” or “SM” symbol and they may continue to use these symbols even [..]
What Is A Maryland Will ? A will is a written document directing the disposition of a person’s assets after death. What are the Requirements for A Valid Maryland Will In Maryland, a will must be signed by the person making the will (testator/testatrix) and Attested and signed by two credible witnesses in the presence [..]
Estate planning can be a complicated process, made more so by the many terms not used in everyday interactions. The following definitions will help you understand legal terms and phrases which are relevant to wills, trusts, probate and the estate planning process. BENEFICIARY: The person for whose benefit a trust is created. CODICIL: A document [..]