Trademark infringement occurs when a party uses a mark that causes confusion with another legally protected trademark. To successfully pursue a claim, the following elements must be proven: 1. Valid and Legally Protectable Mark The plaintiff must show that the trademark is legally valid. This can be established by federal registration through the U.S. Patent […]
Author: Philip Silberman
Can You Be Forced to Testify Against Your Spouse?
When people think of marital privilege in court, they often ask: Can a spouse be forced to testify against their partner? It’s a question that arises in both criminal and civil contexts, and the answer is complex, especially when state and federal laws come into play. In this post, we will break down the two […]
Thinking About Hard Money Lending in Texas? Do You Need a License?
Hard money lending can be an attractive opportunity for those looking to diversify their investments or enter the real estate market in Texas. However, one common question that arises is whether you need a license to operate as a hard money lender in the state. The short answer: generally, no, if you are lending on […]
Selling Property in Texas? Find Out If You Can Skip the Disclosure
When selling a residential property in Texas, most sellers are required to fill out a seller’s disclosure. This document helps inform potential buyers about the condition of the property, including any known issues or past damage. However, there are specific situations and exemptions where a seller may not need to complete this form. Below, we […]
What Happens if Multiple Wills Exist at the Time of Death in Texas?
When a person in Texas passes away and multiple wills are discovered, the legal process of determining which will is valid becomes crucial. In Texas, like in many other states, there are clear laws to handle such scenarios. Here’s how the process works: Validating the Most Recent Will In Texas, when there are multiple wills, […]
What Texas Employers and Employees Should Know About Workers’ Compensation
Workers’ compensation insurance provides essential protection for both employers and employees in Texas. As a subscriber to workers’ compensation insurance, a company pays an insurance provider a premium to cover potential work-related injuries. This means that if an employee were to be injured while on the job, say by tripping over a cord in the […]
What Landlords Need to Know About Emotional Support Animals
When it comes to emotional support animals (ESAs) in rental properties, landlords in Texas face a unique set of legal challenges. Specifically, many landlords wonder whether they can deny certain breeds, such as Pit Bulls or Dobermans, especially when there are concerns about safety. The reality is that emotional support animals are protected by federal […]
How to Navigate a Short Sale and Avoid Foreclosure
A short sale occurs when the value of your home is less than the mortgage balance, meaning you owe more than the property is currently worth. This situation became all too common during the 2008 subprime mortgage crisis when many homeowners found themselves “underwater” on their homes. Short sales became a practical option for those […]
Understanding Assumption of Risk in Texas
In Texas, the assumption of risk doctrine applies when someone willingly engages in activities knowing there are inherent risks involved. This legal concept often comes into play in personal injury cases, where participants in risky activities accept that injuries might occur. What is Assumption of Risk? Assumption of risk means that a person is aware […]
How Should Landlords Handle Abandoned Property in Texas?
As a landlord in Texas, dealing with abandoned property left by tenants can be a tricky situation. Whether the tenant has left a sofa, old clothes, or other personal belongings behind, landlords must handle the situation legally. Here’s a breakdown of how you can manage abandoned property as a Texas landlord. Understanding Tenant Abandonment Abandonment […]