File under “should have been rejected as merely descriptive.” Approved and published last week for registration in International Class 37 for bee control and removal services:
Yes, Crazy Bee Man LLC of Hialeah, Florida, yes you are, because by definition anyone in the bee removal business must be. You are no doubt the man for the job.
TRADEMARK OF THE DAY
There’s a lot to be learned about the legal and the business ends of the trademark and marketing business by studying what gets approved and used as marks. There is also a lot to be learned about life in this world. Since I flip through the Trademark Official Gazette every week anyway — that’s where all the newly-approved trademarks get published — I thought I’d use this space to share a few gems that I come across.
I don’t think they quite get the point of this business: Both of these marks appeared in last week’s Gazette, approved for registration in International Class 25 for wide ranges of women’s clothing:
By Fred J. Lewis
If you are involved in a work related accident, the first thing that you should do is report the injury or disease immediately to your employer. Do not wait! You might not get better and late reported claims are often denied! Memories fade quickly. Protect yourself and report your claim promptly. Time is of the essence in workers compensation cases. Failure to report your injury to your employ within 60 days could disqualify you for benefits. You only have 60 days.
Be specific with your employer, report how the injury happened, where it happened, and when it happened. Your employer should fill out a “First Report of Injury or Illness” form, and then file it with the Idaho Industrial Commission. If for some reasons your employer refuses to file this, go ahead and file the form yourself. To obtain on of these forms go to the Idaho Industrial Commission website and print one off there or call the Industrial Commission to get one. There is a link to this form under their “Reporting Injuries” section. If it seems too hard or confusing: contact an experienced Idaho worker’s compensation attorney. I will help you fill out the accident report and get it filled out and filed.
I’m back! After three years in a temporary stint as General Counsel for Idaho State University, I am returning to my regularly-scheduled practice, including intellectual property and internet law. We thought this blog would be a good place for me to answer some of the questions that people commonly have about these topics. If you have one that you would like to see addressed on these pages, write me at ipblog@racinelaw.net and I will try to answer.
For the record: I am not a patent lawyer, although I will talk about patent law issues from time to time, and I have litigated a few patent cases. I can’t file patents for you, and I won’t search patents for you, but I can help you figure out if you have an issue and direct you to a patent lawyer who can help.
I have worked on trademark, copyright, and other intellectual property issues for the last 15 years, and there are many things I can help you with, from registering a trademark to dealing with copyright trolls. If you would like to consult with me on any issue, please call Racine Olson or write me at dea@racinelaw.net. I offer free initial consultations.
In the circumstances that you are injured in a work related accident and your employer doesn’t have workers’ compensation but should, there are steps that you can take. Contact the Idaho Industrial Commission; they can confirm whether or not your employer has coverage or is required to have coverage. Obtain a “First Report of Injury or Illness” form and fill it out as completely as you can. Return this to the Idaho Industrial Commission’s main office in Boise. The Industrial Commission will take it from there in notifying for employer of their responsibility to pay your workers’ compensation benefits, along with acquiring the required insurance. If you are struggling get help. Contact me I specialize in Idaho Workers’ Compensation Law. I am on your side and will help in any way that I can to make sure you receive fair compensation.
As attorneys in Idaho Falls, Pocatello, and Boise, we see car accidents where there are no broken bones, but a person is still injured. Often these type of injuries are referred to as “soft tissue injuries.”
In Idaho, Soft tissue injuries are quite common among car victims. Contrary to popular belief, they can be very serious. Individuals who have severe soft tissue injuries may end up bedridden and unable to work and perform their normal, day-to-day activities. Unfortunately, it can be difficult to find a lawyer who will represent someone with seemingly minor soft tissue injures. This is primarily because some lawyers don’t believe that these types of injuries are compensable. While this is sometimes true, it’s not always. There are Idaho personal injury attorneys who will take on these types of cases and who win them.
What is a Soft Tissue Injury?
Idaho workman’s compensation laws protect both the employer and employee. If you are on injured on the job you are protected, regardless of whose fault it is. Whether the fault is credited to the you, a coworker, a employer, or a third party, you are entitled to workers’ compensation benefits. Don’t let the reason of: the accident being your fault keep you from getting fair compensation for your Idaho workers’ compensation claim. Protect your family and protect yourself. Even if your accident was your fault make sure you report your claim promptly and consult an experienced Idaho workers’ compensation lawyer early!
Negligence is the failure to exercise the degree of care that a reasonably prudent person would exercise under the given circumstances. It can include doing something that a reasonably prudent person would not do or failing to do something that a prudent person would do in the given circumstances.
In auto accidents, negligence includes a driver’s failure to obey the rules of the road, such as the speed limit or traffic control signs. A driver’s failure to contest an infraction or misdemeanor citation issued by the investigating police officer and payment of the fine is considered evidence of an admission of fault. However, such is not dispositive in the injury case and does not prevent the driver from denying fault or alleging that the other driver is also partially at fault for causing the accident.
The person injured need not be free of fault in order to recover damages. As long as the injured person’s negligence or fault is less than the fault of the defendant, he can recover the pro rata share of his damages. For example, if the plaintiff is found by the jury to be 25% at fault and the defendant 75% at fault, then the plaintiff can recover 75% of his damages. If each party is found 50% at fault, then plaintiff recovers nothing.
I would like to take this time and talk a little bit about that this upcoming winter season. Here in Idaho you never know what kind of weather you are going to get. It could be nice and sunny one day and the next day a blizzard. Please be cautious. Idaho Workers’ compensation cases have been on the rise due to slips and falls on the ice. Be careful when you are out to working in the elements. I hope you all will have a safe winter work season.
Blog Post Provided By:
There are approximately 252 million cars and truck on U.S. roadways. According to the Idaho Department of Transportation, there were 22,134 vehicle accidents on Idaho roadways in 2014 that resulted in 11,768 total people being injured. Of the 22,134 vehicle accident occurring in Idaho, 6286 occurred in Ada County, Idaho. Not surprisingly, the number one cause of personal injury lawsuits in Boise, Idaho and statewide are caused by vehicle accidents. In Idaho, all vehicle owners are required to have their cars insured to provide fair compensation to victims of car accidents. However, this does not mean insurance companies freely give victims of car accidents fair compensation. Insurance companies are in business to make money, not pay money to accident victims. An experienced attorney can often obtain more compensation for an accident victim, than the victim can obtain dealing directly with an insurance company.
In addition to personal injuries occurring from car accidents in Boise, Idaho, other types of common causes of personal injuries come from medical malpractice, slip and fall or intentional torts. A medical malpractice claim occurs when a person becomes injured or dies because of the negligent act or failure to act of a medical professional. A claim can also arise if a medical professional’s negligent action or inaction makes a prior injury or condition worse. The medical profession is often a doctor, but can also be a nurse, physician’s assistant, physical therapist or even an institution, such as a hospital. As with vehicle accidents, the medical provider is usually covered by an insurance policy for malpractice. Slip and fall accidents usually arise when a commercial store, such as a grocery store, restaurant or retain store, fails to ensure that customer walkways are clear from hazards. In those instances, a store can be liable for the injuries its negligence causes. Other types of personal injury cases in Boise, Idaho involve dog bites. The owner of a dog can be liable for personal injuries caused by his or her dog. Many times, those claims are covered by home owner’s insurance or renter’s insurance. Intentional torts can also give rise to a personal injury lawsuit. An intentional tort is committed when someone intentionally acts to cause injury, such as a battery. While not always covered by insurance, a victim of an intentional tort is entitled to receive compensation from the person who committed the intentional tort. In all personal injury incidents, an experienced attorney from Racine Olson is available for a consultation.
Idaho Law Blog
