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Trademark Versus Copyright: Which Applies to Your Content?

In my work, I encounter this particular confusion quite regularly – clients (and adverse parties) seem to think that copyright applies to both a website and its domain name. But this belief is incorrect. Here’s a simple, easy way to remember it:
Copyrights are for Content. Trademarks are for goods/services.
So, a client can claim a copyright in the content written on a blog, a website, etc. However, you can’t claim a “copyright” in the domain name that hosts your website: it’s not really content. It could be, however, a name linked to your goods or to a service that you provide. If so, you can claim trademark rights in that name.
[Note that these rights usually apply whether you register with the Federal government or not! But registration certainly helps your arguments later on, if it comes to that…]
For further information, the US Copyright Office website has a document that explains in greater detail what kind of things can get copyright protections, including literary, musical, and dramatic works. And, likewise, the US Patent and Trademark Office (usually abbreviated USPTO, or just PTO) has a document that explains trademarks in greater detail – it describes them as “a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods [or services] of one party from those of others….” Each US state may also offer trademark or copyright registrations, typically at a lower filing cost, although the usefulness of local registrations may not be great as federal registrations.…

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The Top Causes of Car Accidents

Although car collisions can be accidental, they can also be avoided through proper vehicle maintenance, cautious driving, and careful maneuvering through the elements. According to the National Highway Traffic Safety Administration (NHTSA), in 2009, there were 1.13 deaths per million vehicles traveled, the lowest fatality and injury rates ever recorded. The highway death toll of 30,797 also hit the lowest mark since 1950. However, drivers must continue to remain aware of their surroundings and use caution when taking the wheel to minimize the risk of an accident.
Car Maintenance
It is important to keep the vehicle up-to-date on all inspections and routine maintenance. If one side of the brakes fails to work, the other side will be unable to compensate and the vehicle will not stop. Tires need to remain inflated and rotated regularly. Uneven, improperly balanced, or worn-out tires also cause hazardous driving conditions, as do suspensions that are misaligned or broken. It’s also important to have the steering suspension checked by a mechanic. If the driver loses steering while behind the wheel, especially at high speeds, the collision could be disastrous.
Distracted Drivers
Oftentimes, drivers feel too confident when taking the wheel and have not been properly trained in road safety. However, due to recent law regulations, more states are demanding better and safer requirements for new drivers. Extra classroom instruction, road tests, and a higher new-driver age are all being put into effect across the country.
Driving under the influence and intoxication are a serious cause of traffic collisions. Because of this, the law sets strict cut-offs for blood alcohol content. According to the Centers for Disease Control and Prevention, there is one death every 45 minutes as a result from a vehicle crash and an alcohol-impaired driver.
Motorists are also easily distracted. Guaranteed ways to risk a collision include active discussions with passengers, talking on a cellular phone while driving, changing the radio and playing overly loud music. Daring drivers even eat, apply make-up, or change clothes while inside the vehicle. According to the NHTSA, in 2009, 5,474 people died and 448,000 were injured in crashes involving a distracted driver.
Aggressive driving and speeding are two other factors that contribute to car accidents. Tailgating, flashing high beams, rude gestures, and even assault are signs of an aggressive driver. Those who speed observe the speed limit signs, know the risk and the consequences, yet continue to do it anyway. The United States Bureau of Transportation Statics reports that in 2008, the greatest number of motor vehicle accidents occurred at a speed of 55 miles per hour, with 9,794 deaths.
Environmental Hazards
Weather is a severe factor when traveling in a car. Extreme sunlight, wind, rain, snow, and ice all make for a dangerous drive. Although bright sunlight causes blindness while driving, drivers do not consider the sun to be a hazard. Wind can cause a power line to fall, or debris to fly around or into your car. The NHTSA reports that in 2008, 30,167 accidents happened in normal weather conditions. However, the next highest crash report was 2,442 accidents which occurred in rain. Rain causes visual impairment if the vehicle does not have working windshield wipers, and it can cause sleek, slippery roads and flooding.
Even if the driver is traveling slowly and carefully through the snow, there is still a risk of an accident as there is no guarantee that an oncoming car will not slide and hit him. Drivers should always check the inflation of the tires and tread, keep a full tank of gas, and make sure that the windshield wipers work properly.
Drivers must also keep in mind that while roads must be maintained regularly, oftentimes they are not. Potholes and severely weathered roads make for not only a bumpy drive, but they also contribute to accidents. Traffic control devices such as signals and signs, crossings, and turning lanes all must be observed and followed carefully to avoid collisions.…

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Accident Reconstruction and Criminal Defense

Accidents on the road often occur for a variety of reasons, including parts failure, inclement weather, excessive speed, distracted drivers, and drivers who are operating their vehicles while under the influence of drugs or alcohol. In the event of a serious or fatal accident, the driver responsible for the accident may be held liable for the injuries or fatalities caused by his or her actions.
Criminal charges may include unintentional homicide, DWI, DUI, reckless endangerment, and others, depending on the circumstances of the incident. In the event that an individual is charged with a crime following an accident, he or she may want to consult an experienced criminal defense attorney to discuss his or her legal options.
One technique often presented by the defense is accident reconstruction. The defense may call upon an expert in the field who can reconstruct exactly how the accident occurred, and may be able to prove that the accused individual was not actually at fault for the incident. The expert may be able to outline the events leading up to the crash, how the crash occurred, and what happened following the event. If it can be proved that the accident would have occurred no matter what the condition of the driver was, it may help prove that alcohol, drugs, recklessness, drowsiness, and other factors did not contribute to the accident.
If a defense wishes to use accident reconstruction, it is important that the scene be studied immediately and any evidence needed is gathered in a prompt manner. The expert will typically take pictures at the scene and attempt to piece together the events and how they occurred. He or she will usually examine the vehicles involved in the wreck and try to figure out how they collided and who could be at fault for the accident.
Evidence found in favor of the defense is often crucial in a case involving serious injuries or death. If the person is found guilty of a crime, he or she may face jail time, fines, court costs, probation and other punishment for the act. By reconstructing the events of an accident, the accused individual may be able to prove that the events happened differently than claimed by the prosecution. If you would like to know more about accident reconstruction and criminal defense, visit the website of the Appleton criminal defense lawyers of Kohler, Hart & Priebe.…

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Some Helpful Information About Personal Injury Law

Were you injured because of another person’s actions? Are you in deep debt now? You need to start a personal injury suit if these are your circumstances. Read on to find out how you can mount and win a personal injury lawsuit to compensate you for your injuries.

Be sure to make note of all your losses pertinent to your injuries (e.g. loss of income, expenses, etc.) This amount includes the time spent out of work, the lower wages you receive due to your injury, etc. You may also be compensated for any classes you missed.

Take a look at online reviews when you are searching for a personal injury attorney. You shouldn’t just call someone you see on a television commercial. This won’t always be the best person to go to, so it’s a good idea to read about real experiences.

When trying to figure out which lawyer to hire for your personal injury case, meet with numerous lawyers prior to picking one. You will often find they will offer a free consultation to help determine if they would be a good fit for your case. In your consultation you can learn the potential costs, helping you figure out which lawyers overcharge or have unnecessary fees.

Before deciding, find out how big the attorney’s firm is. If you have a big lawsuit, you need a big firm to support you. If the case is very small, this kind of exorbitant expense is not necessary.

Many lawyers use flashy advertisements to mask their inability to win cases. On top of the bad stigma that surrounds over-the-top advertisements, it is difficult to gauge how sincere a lawyer might be based on a television advertisement alone. You should rely more heavily on the results of an in-person meeting prior to choosing your lawyer.

You need to make sure your vehicle isn’t moved after you’ve had an accident unless you’re told to by a police officer. That can result in worse damages and makes the other person less responsible for the accident. This isn’t the case in a busy street, however.

After you’re in an accident, don’t apologize to the other party. If you say you are sorry, the other person will try to prove you are at fault. It doesn’t matter if you know the accident is your fault. You should not apologize.

Do not hesitate to get legal representation after you have been injured. There could be a deadline, which after that time you can’t file a suit. Seeking the advice of a lawyer who specializes in personal injury can greatly increase your odds of winning your case.

Make sure you are prepared prior to speaking with any personal injury lawyer. Some lawyers work on contingency, so you must really remember this. If you lose the case, the attorney will not make any money, so try to make a good first impression. Keep all of your paperwork as organized as possible, so it is easily accessible.

As you should know by now, you don’t need to settle for less. If you are harmed due to someone being reckless, you may be able to do something about it. Get the money you are entitled to and keep this article handy.…