Report from Counsel, Author at Ross Law Firm Ltd.

Protection for Parodies

08/17/202008/31/2008 by Report from Counsel

It is the very nature of parody to present two opposing messages: that the parody is, in fact, the genuine article that is being parodied, and that it is not the original, but is instead just a parody. When used to promote a product, the parody may transgress federal trademark law if it succeeds in the first objective but not in the second. In that case, the parody will have created customer confusion, which is a critical element for a claim of trademark infringement.There was a recent victory for parody in the marketplace when a federal court rejected claims of trademark infringement and trademark dilution brought against the imitator. On one side was Louis Vuitton Malletier (LVM), the maker of luxury handbags, luggage, and even some pricey pet accessories. Some of LVM’s trademarks go back to the 19th century.

Distinctly at the other end of the spectrum was the upstart defendant Haute Diggity Dog (HDD), purveyor of dog toys and beds which play on the names of luxury items. Among HDD’s offerings were “Chewnel No. 5” and “Dog Perignonn.” You get the idea.

Summer 2008 Report from Counsel

10/17/201708/25/2008 by Report from Counsel

“Employer Forced to Pay Unapproved Overtime” reviews a recent case in which the court explained what efforts employers must take to avoid being required to pay employees for unauthorized overtime work. “Like-Kind Exchanges” tax law related to real property “like-kind” exchanges. “Protection for Parodies” discussed distinctions between parodies, trademark infringement and trademark dilution. “Lawyer’s Approval … Read more

Home Improvement Scams

08/17/202008/22/2008 by Report from Counsel

Your home is your castle . . . and it is also probably your most valuable investment. Unfortunately, many homeowners unwittingly hire crooked contractors to improve or repair their castles, and they wind up being cheated out of money or paying for inferior work. The home improvement business is crawling with cheats. Before signing on … Read more

Summer 2008 Report from Counsel

03/24/201306/30/2008 by Report from Counsel

Like-Kind Exchanges

08/17/202006/06/2008 by Report from Counsel

Normally, capital gains are recognized and taxable upon the sale of property. The Tax Code provides an exception to this rule for certain exchanges of property. If all requirements are met, any gain from the exchange is not taxed, and any loss cannot be deducted. Gains or losses will not be recognized until the person who received property in the exchange sells or otherwise disposes of it. The most common type of nontaxable exchange is the exchange of property for the same kind of property, or like-kind exchanges.
Requirements

To qualify as a like-kind exchange, the property traded and the property received must

Spring 2008 Report from Counsel

03/24/201304/21/2008 by Report from Counsel

“Checklist of Procedures to be Followed by Corporate Officers” provides important guidance for persons acting on behalf of corporations (and other limited liability entities). “The Power of a Power of Attorney” discusses risks associated with important powers of attorney documents. “Is it “Work to Dress for Work?” discusses the definition of “work” under the Federal … Read more

Intrafamily Loans Subject to Tax Laws

08/17/202004/02/2008 by Report from Counsel

For parents with the financial means to do so, there may be a natural impulse to help a child get started in his or her adult life by making a loan to the child, on terms that are favorable to the child. Notwithstanding the virtues of such generosity, the cold reality is that, if the terms are too favorable to the child, the loan could end up with some undesirable tax consequences.

The better choice may be to go forward with the loan, but with the child repaying the loan with enough interest to avoid the tax bite. Think of this approach as generosity tempered with practicality and as a borrowing position for the child that is closer to the “real world” marketplace.

Real Estate Roundup

08/17/202003/31/2008 by Report from Counsel

Flood Zone FraudA jury recently gave a hefty damages award to homeowners who sued a real estate company for falsely representing that the home they were buying was not located in a flood zone. When the rains came after the homeowners had moved in, the front yard, backyard, and a patio were under three feet … Read more

The Power of a Power of Attorney

03/31/201603/31/2008 by Report from Counsel

A power of attorney is an instrument that authorizes an “agent” to act on behalf of someone else (the “principal”) in a legal or business matter. When an elderly woman executed a power of attorney that gave her younger sister certain powers, a dispute arose when the younger sister used her power to name herself as the beneficiary of the elderly woman’s life insurance policy. The dispute was with the elderly woman’s children and grandchild, who had been beneficiaries under the policy until the younger sister with the power of attorney put herself in their place.

Is it "Work" to Dress for Work?

03/31/201603/15/2008 by Report from Counsel

Six times a day, for 6 to 10 minutes each time, workers at a chicken processing plant were required to put on, take off, and clean safety and sanitary clothing that they had to wear while on the job. The special gear consisted of smocks, hairnets, gloves, earplugs, and safety glasses. When a dispute arose between the workers and their employer over whether the employees were entitled to be paid during this time, the workers claimed a right to compensation under the federal Fair Labor Standards Act (FLSA).