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Understanding Liability in Rainy Weather Accidents: Expert Tips from Tucker Law

Liability for incidents that occur during periods of severe rain might be difficult to establish.  That is why you should hire the right car accident attorney. Our knowledgeable accident attorney law firm at Tucker Law is familiar with the complexities of these kinds of situations and can assist you in navigating the legal system to obtain the compensation you are entitled to. Prior to anything else, it's critical to comprehend the problem of negligence. The plaintiff must be harmed as a result of the defendant's failure to exercise reasonable care, which must have been demonstrated in order to establish negligence. The defendant may claim that a rain-related accident was an "act of God," although this defense is not always effective. For instance, a driver might still be deemed negligent if they were speeding or operating their vehicle carelessly in a downpour. The issue of contributory negligence is another crucial factor to take into account. According to this law, the plaintiff's damages may be diminished or completely banned if they were also negligent in some way. A driver might be held partially negligent, for instance, if they neglected to maintain their brakes and as a result could not stop in time during a downpour. The state of the road should be taken into account when deciding fault in a rain-related collision. When it rains heavily, accidents can occur on roads that are not adequately maintained or that were improperly built or engineered. For instance, a road with poor drainage or a shoulder that collects water might make it challenging for drivers to keep control of their vehicles. In certain situations, the government body in charge of keeping the road in good condition may be held accountable. [...]

By |2023-01-27T22:49:23-05:00February 14th, 2023|Car Accident, Personal Injury|Comments Off on Understanding Liability in Rainy Weather Accidents: Expert Tips from Tucker Law
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Understanding Ownership Requirements for Extension Requests in Trademark Applications

When it comes to filing an extension request for a trademark application, it is important to ensure that you are the legitimate owner of the mark. This is complicated and usually requires detailed conversations with an experienced trademark attorney.  According to 15 U.S.C. §1051(d)(2) and 37 C.F.R. §2.89(a)(3), (b)(3), the party filing the extension request must be the owner of the application at the time of filing. This means that you must have the right to use or exercise control over the use of the mark. If you are not the owner of record, your extension request should include either a statement that the assignment or other document of title has been recorded (or is in the process of being recorded) in the Assignment Recordation Branch of the USPTO, or other evidence that you are the owner of the application in accordance with 37 C.F.R. §3.71(d) and §3.73(b). If the extension request is filed by someone other than the owner of record and does not include the necessary evidence of ownership, the USPTO will issue an Office action denying the request. If the party who filed the extension request was the owner at the time of filing, you may be able to submit evidence to establish the chain of title after the statutory filing period has expired, within the time provided in the Office action advising you of the denial. To establish ownership, you must either record an assignment or other document of title with the Assignment Recordation Branch and state in your response to the Office action that the document has been recorded, or submit other evidence of ownership in the form of a document transferring ownership from one party to another or an [...]

By |2023-01-11T20:49:04-05:00February 14th, 2023|Trademarks|Comments Off on Understanding Ownership Requirements for Extension Requests in Trademark Applications
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Unlocking the Mystery of Vicarious Liability in Personal Injury Cases

What is Personal Injury Vicarious Liability? A legal principle called vicarious responsibility is utilized to prove that one person or organization is accountable for the deeds of another. This means that in the case of a personal injury, an employer may be held accountable for injuries sustained by a worker while doing their job-related duties.  The is why it is so important for employees to be alert while driving. For instance, the vicarious liability theory may hold a delivery truck driver's employer accountable if they negligently caused an automobile accident. This is so that the employer, who is in charge of making sure that employees are properly taught and equipped to do their jobs, can do so. However, it is not always simple to prove vicarious culpability in a personal injury lawsuit. It's crucial to remember that the employer will only be accountable if it can be demonstrated that the employee's negligent behavior took place while performing their duties. In the event of a personal injury, it is crucial to seek the advice of a qualified accident lawyer. At Tucker Law, we have a team of lawyers with expertise in personal injury and vicarious responsibility that can assist you in understanding your rights and pursuing the just compensation. To arrange a free consultation, contact us at 1-800-TuckerWins. The unsafe instrumentality doctrine is an additional legal principle that may be relevant in personal injury situations in addition to the vicarious liability theory. According to this doctrine, even though the owner did not personally cause the injury, they can nevertheless be held accountable for damages brought on by the usage of a dangerous item (such a car or piece of equipment). The rental car firm, for instance, [...]

By |2023-01-27T22:31:09-05:00February 13th, 2023|Car Accident, Personal Injury|Comments Off on Unlocking the Mystery of Vicarious Liability in Personal Injury Cases
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What You Need to Know About the Notice of Allowance in Trademark Applications

If your trademark attorney recently applied for a trademark, you may have heard about something called a "notice of allowance." But what exactly does this document mean for your trademark application? First, it's important to understand that a notice of allowance is only issued in certain circumstances. Specifically, it is issued if a §1(b) application (also known as an "intent-to-use" application) is published for opposition and is not successfully opposed. In other words, if someone else raises an objection to your trademark application, but the USPTO ultimately decides that your trademark can proceed, you will receive a notice of allowance. So what happens after you receive a notice of allowance? The most important thing to know is that the notice of allowance establishes the due date for filing a statement of use. This statement is essentially a formal declaration that you are actually using the trademark in commerce. In most cases, you will have six months from the date of the notice of allowance to file your statement of use. If you fail to file the statement of use within this timeframe, your trademark application will be abandoned. It's worth noting that the USPTO does not publish any notification in the Trademark Official Gazette that a notice of allowance has been issued. This means that you will have to keep track of the deadline for filing your statement of use on your own. If you believe that there are errors in the notice of allowance, or if you think that the notice of allowance was issued in error (for example, if you've already received approval for an amendment to allege use), it's important to contact the ITU/Divisional Unit immediately. You can find the current telephone [...]

By |2023-01-11T20:43:48-05:00February 13th, 2023|Trademarks|Comments Off on What You Need to Know About the Notice of Allowance in Trademark Applications
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Understanding USPTO Patent Internet Usage Policy

To guarantee that the use of the Internet by patent examiners and other USPTO entities is effective, secure, and compliant with confidentiality standards, the USPTO has established an Internet Usage Policy. The policy describes how to access information about patent applications over the Internet for searching, browsing, and retrieval purposes. Internet searches for unpublished applications are prohibited unless they are restricted to the general state of the art and are written to preserve proprietary intellectual property, according to the regulation. Examiners are not permitted to solicit help for the patent examination on social media platforms. However, the policy permits examiners to look up information about published applications, including reissue applications and reexamination proceedings, online. The search terms that the examiners use can be anything, including terms that describe the general state of the relevant technology, aspects that were revealed in the applicant's disclosure, and claim terminology. Patent Examiners and anybody tasked with safeguarding confidential application data are responsible for developing unique search strategies. The documentation of the search tactics must follow accepted standards and protocols. For a fair assessment of the evaluation of an application, a thorough search must be conducted. The search should include references that are not necessary for rejecting the claims but would be helpful in preventing the presentation of claims to other disclosed subject matter. It should also cover all subject matter that the examiner reasonably anticipates may be included in the applicant's amendment. In conclusion, the USPTO Patent Internet Usage Policy offers recommendations for using the Internet in patent examination and aids in making sure that everything is done fairly, quickly, and securely while safeguarding sensitive data.

By |2023-02-04T20:11:32-05:00February 12th, 2023|Patents|Comments Off on Understanding USPTO Patent Internet Usage Policy
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