How to Address Changes in Estate Law Affecting Property Transfers in Austin

Trademarks are a type of intellectual property that is usually protected fiercely because of its importance to a brand. If you have been accused of infringing on another party's trademark, it's vital to consult an intellectual property attorney in San Marcos, TX, swiftly. Allegations of trademark infringement may lead to a claim for compensation, so it's critical to properly defend yourself against accusations without delay. more How Can You Defend Against Accusations of Trademark Infringement in San Marcos, TX? Understanding the Allegations A trademark can be made up of a color, phrase, shape, word, logo, or symbol, and it is used to uniquely identify a company or a brand. Infringement occurs when another company uses a similar mark that could potentially cause confusion in customers. If you have been accused of trademark infringement, it's important to understand the basis of the allegations so you can mount an appropriate defense. Potential Defenses There are many potential defenses against trademark infringement that can be used successfully. Not everyone who tries to assert trademark infringement has a valid case. Your lawyer can help you construct an appropriate defense, which may include: Fair Use If you use a trademark as part of a genuine effort to describe your own brand, you may be able to claim fair use. For example, using a word according to its dictionary meaning rather than referencing a trademarked brand of the same name could be considered fair use. To use this defense, your reliance on the trademark must generally be descriptive rather than a method of identification. Lack of Customer Confusion If you can prove that customers would not be confused by the similar trademarks, you may have a strong defense. This could include having a vastly different product range, different markets, or separate geographic areas. If the case goes to court, all factors will be taken into account to determine whether a customer is likely to find it difficult to differentiate between the brands. Prior Use Being able to defend a trademark relies on using the mark first. If you can show that you were using the trademark before it was registered by the other party, they cannot prevent you from using it. You may even be able to make a claim for infringement against them to ensure your exclusive use. Weak Trademark Enforcement The law allows trademarks to be protected on the basis that they act as a unique identifier. If you can demonstrate that the other party has failed to protect their trademark, you may be able to successfully claim abandonment. Once a trademark is used by multiple parties without being defended, it is no longer acting as a unique identifier. Hire an Intellectual Property Attorney There can be serious consequences for breaching another party's intellectual property, including hefty financial penalties. It is therefore critical to robustly defend your case as soon as the accusations are made, with the help of an experienced legal professional. A lawyer will be able to present your strongest defense and can negotiate with the other party to reach a fair outcome. Our extensive experience in business law means we understand the importance of intellectual property. If you have been accused of trademark infringement, contact us today at Artie Pennington Law Offices in Austin, TX. We also have an office in Kyle, TX for your convenience.

​​​​The prospect of a contract with a large corporation may be exciting, but the process of navigating the various hurdles can be challenging. Negotiations with a sizable organization may even present obstacles that you haven't encountered before. A skilled business lawyer with experience of operating in Austin, TX can help to manage negotiations to deliver a compliant and legal framework that forms the basis of a successful working partnership. Here's a closer look at some of the factors that need to be considered when dealing with a larger corporation. How To Successfully Negotiate Contracts with Larger Corporations in Austin, TX Allow Sufficient Time for Every Step When you're negotiating with smaller companies, deals can be done quite quickly. This is because the decision-makers are often directly involved in all conversations and hold the necessary authority for sign-off. With larger companies, progress can be much slower, and you may find there's more red tape. This is because there may be multiple levels of approval required and information may need to be circulated to key individuals who weren't directly involved in the negotiations. Having a realistic expectation of the timescale is vital to enable you to accurately plan your resources and finances in advance. more Get the Contract Terms Reviewed By Your Business Lawyer Large corporations may have negotiated these types of deals before, and may have standard terms and conditions already prepared. There may be plenty of elements that work well for you, but don't feel obliged to accept the contract terms as they have been written. You should always ensure your business attorney is given the terms and conditions to assess in detail. Bespoke terms and conditions which are specific to your contract are preferable, and that includes the language used. The terms and conditions must be unambiguous in their meaning, and without unnecessary jargon. Your lawyer will be able to draft contract terms that deliver what you need in clear language. Prepare for Future Conflict If negotiations are progressing well, it may seem strange to think about future conflict, but there's a very good chance there will be issues in the future. Points of conflict can arise in even the very best of working partnerships, and without a clear resolution, problems can quickly escalate. Your contract negotiations should cover how often you'll review the provision, and how any issues will be raised. There should also be a clear path for dispute resolution that includes mediation to ensure conflict can be fairly resolved. Remember: You Are an Equal Party When you're dealing with a large corporation, it's easy to feel intimidated by their experience and established structure. This may be particularly the case if you're negotiating numbers that are much larger than usual for your business. However, one of the most important points to always keep in the forefront of your mind is that you are an equal partner in negotiations. No matter how large the corporation is, you have something that they want, and this gives you an advantage. They are not doing you a favor by agreeing a contract and you can simply walk away if the details don't work for your business. The lawyer that you use for business negotiations is one of the most powerful assets you have. With experience in handling complex negotiations, a skilled lawyer can ensure the deal is secured with your interests properly safeguarded. To schedule a meeting to discuss how we could help with any area of business law, contact us today at Artie Pennington Law Offices, PLLC in Austin, TX or Kyle, TX.

Getting your affairs in order in ways that fulfill all the requirements of Texas estate law is going to bring you peace of mind, even though it might not be the easiest thing to face. A solid set of estate plan documents will protect your wishes and support your loved ones at a hard time. Estate Law and Essential Estate Plan Documents A comprehensive estate plan covers what happens to your assets and what you want for your healthcare choices. It should also protect your family's well-being, whether you're still here or not. Will This document names who gets your property after you pass away and lets you appoint an executor to carry out your instructions. If you don't have this will, then state laws will decide who inherits what. The court will have to follow intestacy laws regardless of your family's unique situation, and it may distribute your estate much differently than you would like. Living Trust Many people pair their will with a revocable living trust. You can put assets into the trust while you're alive, and the trust manages them according to your rules and under your direction. Then, when you die, the assets pass immediately to your beneficiaries without the delay and cost of probate. You stay in control as the trustee until you can't anymore, and then a successor takes over with no fuss or difficulty. Financial Power of Attorney This lets you choose someone you trust to handle your money matters if you become incapacitated. This person can pay your bills, manage your investments, file taxes, and more. You can write the powers of your POA as broadly or narrowly as you like, but without this, your family might need to petition for a court guardianship to manage your finances. This takes time, costs money, and may end with someone in control that you don't want in that position. Medical Power of Attorney & Advance Directive The medical power of attorney names an agent who will make treatment choices for you when you can't speak for yourself. You'll want to pair this with an advance directive. The directive spells out your preferences on things like life-sustaining care and other issues. Texas has specific forms for these, like the Directive to Physicians. Beneficiary Designations Beneficiary designations are what you can put on your life insurance policies, most retirement accounts, and any payable-on-death bank accounts. These will then pass directly to the people you name outside your will or trust. If you're ready to build or update your estate plan, reach out to the Artie Pennington Law Offices in Kyle, TX for a 15-minute consultation to get started. We help families across Kyle, Austin, Buda, San Marcos, and South Austin.