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 […]
Category: Business Law
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 […]
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 […]
Common Myths About Nonprofits and How to Form One
There’s a common misconception that starting a nonprofit is a fast track to financial stability and wealth. Many people mistakenly believe that by creating a nonprofit organization, they can generate income without paying taxes. However, the reality is far from this myth. Nonprofits are specifically formed for purposes such as operating charitable, religious, educational, or […]
How False Advertising is Regulated in Texas
False advertising is a serious concern that can mislead consumers and create unfair market conditions. In Texas, this issue is addressed primarily through the Deceptive Trade Practices Act (DTPA) and the oversight of the Texas Attorney General. Here’s an in-depth look at how false advertising is regulated in Texas. Deceptive Trade Practices Act (DTPA) The […]
The Global Landscape of Defamation Law
In the United States, truth serves as an absolute defense in defamation cases. This means that if a statement made about someone is true, it cannot be considered defamatory, regardless of its impact on the person’s reputation. This principle is grounded in the First Amendment, which protects free speech and the press. As such, individuals […]
Enforcement of Security Interests in Texas: Remedies and Procedures
The enforcement of security interests is a critical aspect of commercial transactions, providing secured parties with the confidence that they can reclaim their collateral in the event of debtor default. The Uniform Commercial Code (UCC), particularly Article 9, outlines the remedies available to secured parties and the procedures they must follow. In Texas, the enforcement […]
Navigating the Junk Fee Prevention Act
In recent years, “junk fees” have become a pervasive issue affecting consumers across various industries. These hidden or deceptive fees are often added to the cost of goods and services, leading to unexpected expenses for consumers. To address this, the Biden administration has proposed the Junk Fee Prevention Act, aimed at curbing these unfair practices. […]
A Guide For Buying and Selling Small Businesses in Texas
When it comes to buying or selling a small business in Texas, many find themselves unsure of the process and the legal requirements involved. Whether you are purchasing or selling, understanding the distinctions between asset sales and entity sales, as well as the implications of each, is crucial for a smooth transaction. Understanding Asset vs. […]
Understanding the Elements of Defamation in Texas
Defamation laws in Texas are designed to protect individuals from false statements that harm their reputation. Understanding these laws is crucial, whether you’re a business owner, a public figure, or an individual navigating the complexities of modern communication platforms such as social media. Key Elements of Defamation in Texas To establish a case for defamation […]