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Trade Dress Law

Trade dress is a type of intellectual property that is protected by the law from copy or theft. Similar to a trademark, trade dress is the packaging, promotion, or any other element that is used to promote or sell a product or service. This could include the décor of a store, the likeness of a product, distinctive display cases for a product, or the environment of a facility.

It is important to register trademarks and trade dresses with the U.S. Patent and Trademark Office to receive a legally protect your product or ideas with federal courts. In order to receive a patent and the protection it provides, two things must be true: the trade dress must be distinctive or required a secondary meaning and unlicensed duplication of the product or trade dress must cause a likelihood of consumer confusion.

In order for a trade dress to be inherently distinctive, it must be unusual or memorable in such a way that consumers will identify the product or service as conceptually separable from similar offerings. The trade dress must also serve as a distinct identifier of the origin of the product.

Functional elements of a product cannot be trademarked or trade dress. An example of this would be a Tiffany & Co. jewelry box. The box itself is a functional vessel that cannot be trade dress. However, the Tiffany blue color and white ribbon that accompanies the functionality of the box are capable of trade dress to protect Tiffany & Co. from individuals looking to imitate and profit from the sales of a like item.

According to the website of Gagnon, Peacock & Vereeke, P.C., a trade dress infringement can cause lost profits, monetary damages, and statutory damages. If you believe that you are a victim of trade dress infringement, consult a, intellectual property attorney in your state to protect your product and ideas.

Zofran and its Possible Side Effects

Chemotherapy and radiation therapy can make the long road to recovery from cancer a truly miserable experience. When Zofran was created to help with the nausea and vomiting side effects of cancer drug treatments, it helped thousands of people. The drugs works by blocking serotonin the substance in the body that causes vomiting.

Common side effects of using the drug include headaches, lightheadedness, dizziness, or constipation. However, there are reports that women who took Zofran while pregnant are having children with serious birth defects. There’s a correlation between the drug and birth injuries that include cleft lips, cleft palates, and congenital heart defects. Zofran was previously prescribed to pregnant women experiencing morning sickness.

Ondansetron, the active ingredient in Zofran, was assigned a pregnancy category B by the U.S. Food and Drug Administration. This means that the use of Zofran should only be considered when the benefits to the pregnant mother outweigh the risk of birth defect to the infant. Animal studies of the drug did not reveal any indication that the Zofran causes birth defects. Currently there is no controlled data about human pregnancy and birth after the drug was taken, and therefore no substantial data as to side effects related taking Zofran while pregnant.

Zofran works by curbing the natural substance serotonin in the body. Drugs that are serotonergic are known to cause birth defects when taken by pregnant women during the most important stages of fetal development. The drugs Paxil and Zoloft are examples of this.

If your child was born with birth defects that you believe were caused by the use of Zofran while pregnant, consult a Zofran lawyer in your area to discuss legal options. The physical, emotional, and financial damages you and your child have suffered deserve compensation.

Filing an SR-22

An SR-22 is a guarantee of car insurance that is often required after traffic violations occur. The form is not car insurance; it is a certificate of financial responsibility that works as proof that the holder has insurance that meets the state’s minimum car insurance requirements. More specifically, an SR-22 ensures that the certificate holder will maintain the minimum insurance requirements for a set amount of time.

According to the website of Habush Habush & Rottier S.C. ®, SR-22 coverage is often required when a number of serious traffic violations occur. These could include driving under the influence, driving while intoxicated, driving without car insurance, involvement in a serious car accident, or driving with a suspended or revoked license. While SR-22 durations can vary, most states require the SR-22 certificate to be filed for three years.

Most states require the SR-22 to be filed directly through the car insurance provider to ensure that there is no falsification of car insurance status. There is generally a small, onetime fee associated with filing an SR-22 with the Secretary of State department. Unfortunately, since SR-22 certificates are directly related to severe traffic violations, car insurance premiums often go up substantially because the driver is now a “high-risk” driver. However, there is always a financially feasible option for everyone in need of an SR-22 certificate.

There are some cases when insurance providers will refuse to insure a high-risk driver and will deny an SR-22 certificate to their client. This requires an individual to shop for insurance to cover them for the future. In some cases, a person may be forced to file with the state insurance, paying high premiums than for most market insurance companies.

Having and keeping up to date insurance is important to protect yourself from financial repercussions. There are affordable, easy options that still meet the state’s minimum requirements. For more information about filing an SR-22, seek advice from your local car accident lawyer.

Consequences of Drunk Driving Accidents

Drinking and driving is a criminal offense that can include heavy fines and jail time. The legal term, driving while intoxicated, means the operator of an automobile was over the legal limit of .08% blood alcohol content. Thousands of deaths and injuries occur every year when an individual makes the poor decision to get behind the wheel after drinking. According to the website of the Goings Law Firm, it is nearly impossible for the victims of these drunk drivers to avoid the consequences drunk drivers can cause.

Alcohol is a depressant drug that has serious physical, psychological, and emotional affects. Motor skills are impaired early on when consuming alcohol. At a BAC of .02%, an individual starts to relax, lose visual functions, and have impaired judgment. At .05%, there is slower eye movement and reaction time. In addition to all of this, coordination worsens, reasoning skills lessen, and short-term memory loss occurs when the BAC reaches .08%. A person’s blood alcohol content can continue to rise up to three hours after the last drink was consumed. Furthermore, the hangover effects the next day can continue to impair motor functions.

Every year, more than 13,000 people are killed in drunk driving related car accidents and hundreds of thousands more are injured. This costs the United States over $100 billion each year in damages. There are about 1.4 million DWI arrests annually, more than half of which result in a conviction.

The victims of these accidents can have serious financial and emotional injuries in addition to the physical damages they sustained. According to the website of personal injury lawyers Crowe & Mulvey, LLP, the drunk driver may be forced to compensate medical bills, lost wages, and property damage for the injured party.

A Waco personal injury lawyer can identify that filing a dram shop claim against the establishment or organization that negligently served the drunk driver is also important to keep all parties accountable for their actions. If you were injured in a drunk driving accident, contact an attorney in your area to discuss options to seek the compensation you deserve.

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