Archive for the ‘Business Disputes’ CategoryCan Your Business Sue for a Bad Online Review?Friday, December 23rd, 2011If you’re in business, there’s a good chance that someone, someday will give one of your services or products a bad – and unfair – online review on Yelp, Google Places, Health Grades, or one of many other popular “customer reviews” websites. The reviewer will likely remain anonymous, and could be a customer, a client, a competitor, a fired employee, or even a stranger with a grudge against your entire industry. Can you sue to stop them and get the bad review taken down? (more…)
Avoid a Trademark Infringement LawsuitTuesday, October 4th, 2011Counterfeit and knock-off goods have become a multi-million dollar industry. Consumers are attracted to high-end and recognizable brand names, but they look for inexpensive prices. This fuels sales for counterfeit goods through the internet, flea markets, and swap meets. However, most consumers do not realize that retailers selling fake brand-name items are breaking state and federal laws against “trademark infringement.” A trademark is an identifiable characteristic, such as a word, phrase, a symbol, or even colors combined with a typeface, that helps consumers identify a product. If someone owns the rights to a trademark, they have the right to sue others who use an identical or very similar mark on the grounds of trademark infringement. Brands such as Tiffany & Co., Chanel, and Louis Vuitton have all brought trademark infringement suits, seeking money on the grounds that the sale of the counterfeit goods –often of poor quality – caused confusion among consumers and reduced the value of their trademarked brands. (more…)
California Civil Lawsuits: How Much Do You Know About What Happens Before Trial?Tuesday, February 9th, 2010You hear a lot about eleventh-hour settlements reached just before a jury delivers its verdict, and about lawyers’ courtroom arguments and questioning of witnesses, but what about the many different stages and preparation that a lawsuit goes through long before a California trial is begun? If you’re a prospective plaintiff or defendant, you can be spared the specifics of California procedures and local San Diego court rules governing lawsuits since that will be handled by your attorney, but you should know what you can generally expect to happen as your case moves forward. Every case will be different and vary in complexity, and there can be overlap in the stages a lawsuit will go through as it progresses. Despite the differences, it’s no surprise that the beginnings of a lawsuit are always the same: something went wrong. This could have been virtually anything. You may have been in a car accident and suffered a personal injury, the business you dealt with may have breached a contract, or your business may be accused of violating the ADA and California disability laws, and so on. At some point, the problem at hand could turn into a legal dispute, and at this stage it’s essential to hire an experienced lawyer to evaluate potential liability, negotiate, and advise you on what you can reasonably expect. If a fair settlement isn’t reached, then a lawsuit will be filed, but this doesn’t mean that negotiations are over, as attempts to settle will probably continue well after any trial begins in a San Diego superior court. (more…)
Did Encinitas Forget About the Americans With Disibilities Act? Disability Access Issues in CaliforniaFriday, June 12th, 2009Back in 2002, the City of Encinitas finished its downtown revitalization project, but in the city’s quest for economic development, did the street improvements fail to comply with the Americans with Disabilities Act (ADA) and California law? These laws work to ensure access is provided to people with disabilities and also prohibit employment discrimination. The San Diego Union Tribune reports on a lawsuit recently filed by Dennis Sharp, who asks the court to order Encinitas to add disabled parking, curb cuts, and make other changes to the area that will provide access for people with disabilities. (more…)
Are Fraud and the Recession Destined to Go Hand in Hand? The California and Global LandscapeFriday, May 15th, 2009These days it seems that fraud cases are on the rise, perhaps spurred by the California and global recession. Even so, well before the recession hit, schemes such as that of Bernie Madoff’s were in full swing. In the latest news, the New York Times reports that last year about $12 billion was withdrawn from Madoff’s firm, and lawsuits to recover that money from the investors who made the withdrawals continue to move forward. Meanwhile, according to the Los Angeles Times, the Securities and Exchange Commission (SEC) is boosting its efforts to crack down on fraud. (more…)
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