In the News
How to Select a Trademark
The selection of a trademark is much more than a simple legal decision. In fact, this choice is founded more in the strategy of your business and where you hope to be within your industry in the future.
When choosing a mark, you should keep in mind the categories that your mark might fall into. Trademark attorneys will help determine which category fits your mark.
Generic marks
Generic marks cannot be registered with the United States Patent and Trademark Office. These marks are so common that use of the mark will not provide you or your company with any distinction within the market. Examples of generic trademarks include automobile, computer, and telephone.
If you are looking for a patent or trademark lawyer in the United States, reach out to Lawrence E. Evans by contacting him online today.
Texas Banned Gay Divorce Officially – Murfreesboro Attorneys Speaks to the National Issue
The Texas Attorney General recently attempted and failed to block the divorce of a same-sex married couple in Texas on the grounds that Texas does not recognize same-sex marriage. Austin district judge Scott Jenkins upheld the divorce request, allowing the female couple a Texas divorce. Murfreesboro attorney feels that while the struggle with same-sex marriages has been going on for a decade, nothing new seems to evolve.
Currently states that have issued gay marriage licenses are the following:
- Massachusetts
- Connecticut
- California
- Iowa
- Vermont
- New Hampshire
- District of Columbia
Maryland, Rhode Island and New York currently recognize gay marriages from other states.
For more information from how it is evolved over the following ten year, Murfreesboro attorney recommends the National Congress of State Legislators timeline on gay marriage and divorce historical and data.
Gay divorce
A possible precursor to legalizing gay marriage in TX...Judge Jenkins’ decision is likely to affect the legality of gay marriage in Texas, because even though Texas does not legally recognize marriage between same sex couples at the present time, his decision to allow the divorce in a Texas court effectively challenges current interpretations of Texas law. To legally grant the divorce of a gay or lesbian couple is tantamount to acknowledging the marriage.
Yesterday Texas banned Gay divorce officially. The state appeals court stated the gay couple who have legally married in another state can NOT divorced in the state of Texas.
A person does not and cannot seek a divorce without simultaneously asserting the existence and validity of a lawful marriage.
Texas Court: Gay Couples Can't Divorce
A National Issue
To understand this, consider a similar debate that occurred in Seattle in the 1800s. Seattle was a young city, full of adventure-seeking spouseless males. Naturally, prostitution became a thriving business. In fact, it became so successful an industry that many philanthropic activities were funded by the city’s wealthy madams. A debate arose that prostitution ought to be taxed because it did not seem fair that brothels could generate so much revenue without paying taxes. The dilemma—the only way to require the bustling brothels to pay taxes was to legally recognize and permit prostitution.
In the same manner, for modern-day Texas to grant gay divorces is, effectively, legally acknowledging gay marriage.
Exactly how this landmark decision will steer future decisions on the legality of same-sex marriage and divorce in our state is yet to be seen. But, it will inevitably cause some kind of change. For guidance and legal help on this issue contact the Murfreesboro law firm today.
William Burton, Attorney at Law
1231 Northwest Broad Street
Murfreesboro
TN
37129
(615) 893-8300
Eye Rolling = Disturbance and Disorderly Conduct??!!
Elmhust, Illinois Officials have been debating if eye rolling should be added to a disorderly conduct violation - injury attorney in Illinois.
If you find yourself annoyed while visiting Elmhurst, Illinois, think twice before rolling your eyes. Officials are debating a “disturbance and disorderly conduct” violation that includes eye-rolling, TribLocal.com reports. It all started when a resident was ejected from a public committee meeting after rolling her eyes and, as typically goes along with that, sighing.
Darlene Heslop, the resident in question, has no problem with defining disorderly conduct in the municipal code because “I’d like for them to have a better understanding of the open meetings act and its meaning and to understand what disorderly conduct is,” she says (while, one assumes, rolling her eyes). She adds that perhaps city officials will start to understand “what the public is entitled to” when attending a city meeting.
Read more here
Can I Still File Bankruptcy Under The New Laws?
Our firm can advise you about new Houston bankruptcy laws
A new bankruptcy law known as the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) was enacted in 2005.
The new federal law makes bankruptcy laws in Houston more complex, and makes it more difficult for some people to file bankruptcy. Those with higher incomes will no longer be allowed to use Chapter 7 bankruptcy, but will have to repay at least some of their debt under a Chapter 13 bankruptcy filing. Also, the new law requires all debtors to receive credit counseling before they file for bankruptcy, as well as budget and debt management counseling before the bankruptcy is completed and their debts are eliminated.
Your eligibility for Chapter 7 bankruptcy
To see if you qualify for Chapter 7 bankruptcy under the new Houston bankruptcy laws, compare your current monthly income to the median income for a Texas household of your size. If your income is less than or equal to the median, you are allowed to file for Chapter 7 bankruptcy. If your income is more than the median, you must pass the means test to file for Chapter 7.
The Means Test
The means test calculates whether your disposable income is sufficient to allow you to make payments on a Chapter 13 bankruptcy repayment plan. Using these calculations, you subtract certain allowed expenses and required debt payments from your current monthly income. If the remaining income is below a certain amount, you can file for Chapter 7 bankruptcy. If it is above that level, you can file Chapter 13 and repay more of the debt under a structured repayment plan. Our Houston bankruptcy law firm can help you determine whether you qualify for Chapter 7 or Chapter 13.
Counseling Requirements
Before filing bankruptcy under the new Chapter 7 and Chapter 13 rules, you must complete credit counseling with an agency approved by the United States Trustee's office. The counseling will help you determine whether you need to file for bankruptcy or whether an informal repayment plan would be enough to solve your financial problems.
Get the legal assistance you need
The assistance of a qualified Houston bankruptcy law firm can help you achieve the most efficient debt resolution plan for your unique case. The Law Offices of Jack N. Fuerst, P.C. have extensive experience representing consumers and businesses facing bankruptcy. We provide professional, approachable representation for all of our clients. Contact us at 1-866-641-0123 or through our convenient online form to talk about your situation.
