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Can a band use a name that is already trademarked?

Rarely, a band may use a trademarked name. For example, a mark that is primarily a surname does not usually qualify for protection under federal trademark provisions, unless the surname becomes well-known or acquires a ‘secondary’ meaning. Sometimes, a trademarked name can also be challenged and defeated if it is too broad. However, if a last name acquires a secondary meaning in the marketplace (e.g., Sears, McDonald’s), it cannot be used by others, regardless of its trademarked status. In order for a band to register a mark that has already gained secondary meaning, permission from the namesake must be obtained.

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What are the rules for federal appeals?

The United States Statutes and the Federal Rules of Civil and Appellate Procedure set forth some of the general rules for federal appeals. Each of the eleven circuits also has its own rules that detail additional requirements for a federal appeal.

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If I appeal my case, will an opinion be published by the court?

Appealing a case in the federal appeals court does not necessarily mean that you will have a published opinion. Some circuits do not publish all opinions; others have special rules about relying on ‘do not publish’ decisions as precedent. In fact, there may not even be an opinion because the Court of Appeals sometimes just ‘affirms on the opinion below’ and thus does not feel the need to write one.

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How are My Property Taxes Assessed, and How Often Will My Taxes Change?

In the majority of states, property value is assessed for property tax purposes every five to seven years. However, some states only assess the value of the home upon the sale or refinancing of the property, while other states assess property values every year. The assessment of your property’s value is used to find your required annual property taxes. If you are in a majority state, in which the value of your property is only assessed every five to seven years, the determined tax rate will stay consistent during this time period.

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Remodeling Your Home: How A Construction Contract Can Protect Your Rights

the relationship between a home or property owner and a contractor hired for a remodeling project is largely determined by the contract that the two parties create. A remodeling contract should specify a number of different things, including the scope of the project and who is responsible for costs that may arise during the project. A written contract will provide invaluable information in the event of a dispute and can help a court to determine both if a breach occurred and what the potential damages are resulting from the breach.

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