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How to Stop a Bank Levy or Wage Garnishment

[This transcript is a result of automated audio transcription from the video posted below. For help from Brian Russ Law, Inc. with a debt collection defense or wage garnishment problem, visit www.BrianRussLaw.com or call 888-632-6623. Grammatical errors may be present in the transcript below. This transcript is for informational purposes only and may not be relied on as legal advice. This transcript is an advertisement and any mention of past successes do not guarantee future success.]

Hey everyone is attorney Brian Russ, a debt collection defense lawyer in California. I want to talk to you today about how to stop a wage garnishment or bank levy. Now this video, you know just reminder I’m a California Attorney, serving California clients with California issues, you know, sorry about my cat up there, she’s just joining us for the video today. But anyways, this video is about how to stop a wage garnishment or bank levy. So a lot of times I get calls from clients who say, I’ve just been notified by my HR department that they got a request to garnish my wages from the sheriff or I get a call saying “hey, I got this notice of a bank levy What do I do, I didn’t know anything about that.” So this video is meant to address those topics.

Now before I get going further, I have to give you a few disclaimers first. This video is not legal advice for your particular situation or your particular cases is for informational purposes only for educational purposes only. I don’t know your case I don’t know your situation. So again this is for general informational purposes only. By your viewing this video no attorney client relationship forms. I don’t know you, you don’t know me, I’m just an attorney who happens to have a YouTube channel and is sharing some information. To the extent this video can be considered an advertisement it should be considered advertisement. I’m an attorney and I sell my services, my website’s up above. My phone number’s up above, you can give my office a call and we’ll see if we can help you with your situation. Finally, you know, I want to make it clear that even though I’ve had past successes in this area to get wage garnishment stopped, and to stop these actions, it does not guarantee success in your case, so again my past successes do not guarantee success in your case, rather they’re given as an example of what I’ve been able to do.

So how to stop a wage garnishment or bank levy. Now first you need to understand why your wages are being garnished or why the bank count is being levied right this is very important to understand because it totally impacts how we proceed with your case. You know, usually the reason wages are garnished or bank accounts being levied is because a creditor or somebody has gone to a court and they’ve gotten the judgment in their favor saying that you owe them money, and then what they do is they take that judgment, and they go to the sheriff. They get an order from the sheriff or levy from the sheriff to go take your wages or levy your bank account, and so that I mean this is all very much part of the judicial process this is part of the judicial process, in that it’s probably been in the works for nine to 12 months, and you may have had no idea about it.

And so generally what this is called and are defualt judgments generally, you know how this happens. I see a lot, and usually the reason I get a lot of these calls is because somebody had a default judgment against them and they have no idea what a default is now I want to be clear, there’s, there’s other judgments that aren’t default judgments if you actually contest the case and you still lose. I mean it goes through the same process whether they’re going to garnish the wages, there’s gonna be a bank levy because you haven’t paid the judgment yet. And so once you know if you haven’t paid a judgment that’s where these steps, start happening, where they garnish your wages or they, you know, go after your bank account.

Again, so a lot of times when I get a call from somebody saying why is this happening, it’s because there’s a default judgment, the person did not contest the case, maybe they did not even know about the case, and they need help. And so, you know, a lot of times I get calls from clients who are being sued or have been sued by another law firm. So I see a lot from the Mandarich Law Group I see a lot for Patenaude & Felix. I see a lot from from these other guys.
I can’t think of their names right now but there’s, there’s a lot of common ones. And so it’s these debt collection firms, you know, they say that they’ve served you properly they file documents with the court saying that you’ve been served properly. When in reality, maybe you weren’t served at all so I’ve had I’ve had two cases where we it has gone to a default judgment where the creditor is trying to go to the bank or trying to go get your wages garnished. And we’ve actually been able to get those judgments set aside, and you know essentially start the case over from the beginning, because my clients weren’t properly served. You know, I’ve seen it happen where, you know process server says that they, they serve the person the person’s like, Look I’m home every day I work from home I’ve never nobody’s ever come to the door, I’m the only one who works here, somebody said, you know I’ve had seen cases where they say, oh you know we gave it to their employer, while he’s a past employer and the person didn’t work there anymore and so there’s, you know, it’s very fact based on how these happen again like I’m saying like if you, if you know this video is mostly focused on those default judgments and we can attack it on a proof of service basis and saying that the process of service was insufficient. It was not reasonably calculated to give you notice of the lawsuit. You know I’ve had seen success there before.

And, you know, kind of the theory behind it is that default judgments like in the in the world of the judicial system of the justice system default judgments are the least preferred type of judgment because we want to see finality of the case based on the merits, we do not want to see finality of the case based on some procedural defects or procedural issue. And so even though default judgments are valid, there’s a, there’s a very long period of time where you can contest the default judgment. It says like motion. Now when I say a long period. I’m talking like a few months. You know it’s not not, you know 90 minutes not 30 days or 12 days I mean so so again it’s, it’s just because you got Default Judgment happened five years ago, you know, if you have dealt with it you’re, you might be screwed. Honestly, but if it, you know, something happened 90 days ago, or they start, you know, you’re contesting this stuff, You know or they start garnishing your wages, you know we have a good chance, as long as you take action now this is the key I tell people all the time. If you get sued if you get served. If you know of a lawsuit if there’s a garnishment something. Don’t sit on it. You have to take action. And so, and the reason why is a default are easier to appeal or easy I would say, easier to fight than an appeal, so we can make a motion to satisfy a default judgment get heard by the court, you know, with a 90 120 days and you know, deal with it from there. If, if you’ve actually contested it. If you have, if we have to go. And, I mean appeal is just much more difficult much more expensive. So anyways, you know it’s a common way to stop a wage garnishment or bank levy by, you know, especially if it’s a default judgment we can go get a motion to set aside the default judgment or put it in front of the court, give them a proposed order to set aside, and I seen them to work in the past I’ve worked on a number of them, where, you know, we’ve, like I said we’ve been able to get the Default Judgment set aside, we’ve been able to stop the levy stop the garnishment. And then, you know, work with the other firm to work out settlement agreement for much less talking pennies on the dollar, than what would have happened if there was a wage garnishment so like I said before, give my office a call 888-632-6623 BrianRussLaw.com we’re happy to discuss your situation to see if we can help you. If you’re having a debt collection issue. If you need help finding a bank levy or wage garnishment give us a call. We’ll see what we can do. All right. Have a good one.

Trademark Classes of the United States Patent Trademark Office

[This transcript is a result of automated audio transcription from the video posted below. For help from Copyright Trademark Lawyer Brian Russ, visit www.CopyrightTrademarkLawyer.com or call 888-632-6623. Grammatical errors may be present in the transcript below. This transcript is for informational purposes only and may not be relied on as legal advice.]

Hey everyone this is attorney Brian Russ, copyright, trademark lawyer.com I’m from Brian Russ law incorporated an attorney out in California serving clients nationwide for copyright and trademark registration. And so, you know, today’s video is to give you a broad overview of trademark classes and why they exist and what their uses and what those trademark classes are before I get going I have to give you a few disclaimers first disclaimer is that this video is not legal advice, it is not made for any particular person or any particular situation it is informational and educational only if you have a particular situation where you need legal advice, I encourage you to retain an attorney to help you with your situation by your viewing of this video no attorney client relationship forums and finally to the extent this video can be considered an advertisement, it should be considered an advertisement on an attorney, I sell my services, and you can find me online at copyright, trademark lawyer, calm, or at eight, you can give our office a call at 888-632-6623 Now getting to the topic of the video today. What is a trademark class, what’s the trademark class. So the first thing I have to say is that this videos is really for federal United States Patent Trademark Office trademark registration classes this does not extend to your local state trademark registration. This video is not intended to be for foreign nations, Australia, New Zealand, Qatar, anywhere like that this is really focused on United States trademark registration although, you know, many of these countries are party to the nice agreement, you know, this is for a USPTO. Now the purpose of the trademark classes is that they are meant to distinguish different types of goods and services. And so, you know, you don’t just get a trademark for everything, even though you know you see some companies that have a trademark for everything so like look at Nike right they have to trademarks in almost every single class save trademarks all over the place. Well it’s because they’ve registered Nike in multiple different classes on different types of goods and services, but their trademark classes to distinguish types of goods and services so you know if you have a trademark and a pharmaceutical, it may not necessarily reach to, you know wines and spirits, you know, same thing. Why, that way you can see, you know, sometimes you have, you know one company will just say, you know, ABC, ABC whatever is a very common, you know, kind of company name or Acme maybe have Acme pharmaceuticals in the pharmaceutical class and you have Acme for you know telecommunication services and so on like that, so that’s why you can have trademark sync trademark different classes protects different things. And like I said, the trademark registration only protects you only provides protection for that class which the mark is registered in, you know, so again if you have a trademark for a software as a good sell say you sell software on a disk, and it’s called you know buzzing software I don’t know I just made up a word, Zynga software, you know, that won’t provide protection if you decide to sell, you know T shirts with your Zynga logo on it, you know, it doesn’t protect you from people selling T shirts with word Zynga on it, or toys named Zynga, you only get protection for the software as a service or software as a good. And so, next one I do this is gonna be kind of boring but I’m gonna do it anyways, I’m gonna kind of read out the different trademark classes there are for goods. So here, here’s the list class one is for chemicals class two, is for paints class three is for cosmetics and cleaning preparations class four is lubricants and fuels class five is pharmaceuticals class six is metal goods class seven is machinery class. Eight is hand tools, class nine is electrical and scientific apparatus class 10 is medical apparatus class 11 is environmental control apparatus class 12 is vehicles class 13 is firearms class 14 is jewelry class 15 is musical instruments, class 16 is paper goods and printed matter class 17 is rubber goods, class 18 is leather goods, class 19 is non metallic building materials, class 20 is furniture and articles not otherwise classified. So I, I don’t know I’m not getting into that I’ll get to that I’m just you know I’m gonna do videos on all these classes individually. I just was thinking like, what furniture articles not otherwise classified can account with well, come up with off top my head, I guess like some made up popcorn Styrofoam,

I don’t know what’s figured out, class 21 is housewares and glass class 22 is cordage and fibers class 23 is yarns and threads class 24 is fabrics trademark class 25 is clothing class 26 is fancy goods, class 27 is floor coverings class 28 is toys and sporting goods, class 29 is meats and processed foods, class 30 is staple foods class 31 is natural, agricultural products, class 32 is light beverages class 33 is wines and spirits and class 34 smokers’ articles so those first 34 classes are all for goods. So, physical, tangible things goods. The next few classes 10 classes are for services. So services again are things that are not tangible, they’re not physical, they’re, they’re things that you provide a service for so class 35 is advertising in business class 36 is insurance and financial class 37 is building construction and repair class 38 is telecommunication class 39 Is transportation and storage class 40 is treatment of materials, class 41 is education, entertainment, class 42 is computer and scientific class 43 is hotels and restaurants, class 44 is medical beauty and agricultural and class 45 is personal and legal so a lot of things I get trademarks for follow that class 45 in the legal trademark class so that’s mostly where I personally for my business will get my trademarks or work with clients and all the trademark classes, I’m happy to work with you in your classes, you know a lot of the ones are the very popular ones you see clothing is very popular. I think it’s very entry level for small businesses clothing is a popular one. I see lots of types of food so whether it’s you know, processed foods or staple foods, or even beverages, we see a lot of small businesses in that realm because you get lots of people in that marketplace. You don’t see as much, you know, in some of the others because it’s not as, you know, consumer friendly where you need to really establish yourself in the marketplace, but anyways, get my office coffee want to learn more about trademarks I’m a trademark attorney, doing trademark registration and also do copyrights so I can help you distinguish the two. Reach out to us at copyright, trademark lawyer calm again my name is Brian Russ, Brian Russ law.com, but really find me a copyright, trademark lawyer.com You can give us a call 888-632-6623. Till next time, Have a good one.

Debt Collection Notice After Statute of Limitations – §1788.52(d)(2)

[This is a transcript is a result of automated audio transcription from the video posted below. For help from Brian Russ Law, Inc. a law firm defending against debt collection, visit www.BrianRussLaw.com or call 888-632-6623. Grammatical errors may be present in the transcript below. This transcript is for informational purposes only and may not be relied on as legal advice.]

Hey everyone this is attorney Brian Russ from Brian Russ Law, Inc. you can find me online at BrianRussLaw.com you can also go to my other websites as well but on this topic today regarding student loans and notice in California for debt collection, notice after the statute of limitations is run Give us a call. We’ll see if we can get an appointment for you to talk with one of our team members. So basically what this video is is about. There’s a specific statute in California that controls and notices that are required on a debt collection letter or other type of notice after the statute of limitations has run. Before I get into topic I want to give you a quick disclaimer. First, that this video is not legal advice. If you need legal advice you need to retain an attorney to help you with your situation I’m just an attorney, giving informational and educational videos online. This does not pertain to any particular person or any particular situation so like I said you need to retain an attorney to help you with your situation the next disclaimer is that no attorney client relationship formed but you’re viewing this video I don’t know you, you don’t know me, just a guy on YouTube. The finally of this video to the extent it can be considered an advertisement should be considered an advertisement I my attorney and I sell my services the point of me doing these videos is for you to think hey that guy seems to know what he’s talking about that guy Brian Russ can help me with my lawsuit from a debt collector. So I’m going to reach out to Brian Russ, to help me with my debt collection lawsuit now. Do you want to know. You know I work all over the state of California. I represent people in San Diego County, Los Angeles County Riverside County, Santa Barbara San Francisco Alameda County Sacramento County Yolo County all over the state of California, so if you’re getting sued by a debt collector.

You know, so usually, you know, it’s one of these firms that you see a lot of so there’s the Mandarich Law Group. If you’re getting sued by Mandarich law group, give my office a call. If you’re getting sued by Law Offices of Patenuade & Felix, A.P.C, give my office a call. If you’re getting sued by Hunt & Henriques give my office a call. If you’re getting sued by Kenosian & Miele, give my office a call. Again, we serve people in Los Angeles, Sacramento, San Diego, San Francisco orange everywhere throughout the state of California.

So this, this thing is, you know, ignore the header up here if I had to change it for my last video but, you know, the first thing I say is that, you know, there’s such thing as I’ve talked about in other videos, there’s a statute of limitations so that means when the statute will specifically say, you know how long you have or someone has to bring a lawsuit against you, and generally for written contracts, it’s a statue limitations of four years for oral agreements, it’s two years for other types, you know, there’s other statutes of limitations again this is California specific, this doesn’t apply across the US, but, you know, after the statute limitations run, you know somebody cannot bring a suit against you that the claim is extinguished. They didn’t timely file their suit if they did try to file it it will be dismissed because you fell outside statute limitations. So, what I see a lot of is that you know even though the, the statute limitations is run the debt collectors can still contact you, they can still report it to the debt collections agencies, they can still report it to the credit reporting agencies, I should say. So, you know what they end up doing is they show us as leverage against you, and you know maybe its five years since you’ve paid on the debt, it’s, it’s a bad debt now.

But they can still report it to the debt, or to the credit reporting agencies. And so what they’ll do is they’ll send you a letter, they’ll say oh you know you have a debt of, you know $50,000 You know we’ll resolve it for 5000 you think well that’s a pretty good deal. And so then you say okay well I’ll accept it. But what they need to do is, you know, there’s a specific language in statute that they have to include on the notices. So it’s from California Civil Code section 1788.52(d)(2), and it requires this very specific language be included on that notice, and the language is: “The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. If you do not pay the debt, [insert name of debt buyer] may [continue to] report it to the credit reporting agencies as unpaid for as long as the law permits this reporting.”  

So again, even if they can’t sue you for it, they’re still gonna try to collect the debt, they’re gonna still try to report it to the report, credit agencies. And so, you know, it’s something that you maybe you don’t want to get resolved if this is the situation you’re in, give my office a call, we’ll set you up with a call and see if we can help you negotiate it down, you generally at this point, like, that’s the only leverage they have is reporting to the credit reporting agencies and maybe it’s one of those things where you want to get it off your credit report or you want it to be resolved for your credit score to go up. So maybe you got 10 grand out there, you know, let’s try to settle for 1000 pennies on the dollar. And these guys probably bought it for five, you know five cents on the dollar or something like that so, you know, give us a call my office, like I said it’s BrianRussLaw.com 888-632-6623 All right, thanks.

Can You Be Sued for A Charged Off Debt?

[This is a transcript is a result of automated audio transcription from the video posted below. For help with debt collection matters in from a California debt collection lawyer, contact  our office by following this link or call 888-632-6623. Grammatical errors may be present in the transcript below. This transcript is for informational purposes only and may not be relied on as legal advice.]

Hey everyone, good morning this is attorney Brian Russ, just coming to you today talk about a topic that I get a lot, I get people asking me this question all the time they say “Can I be sued for a charged off debt?”or they say “I’m getting collection notices on my credit report that this debt was charged off, what can I do, can they still collect it?” so this video is meant to address that topic and I want to say, you know I’m pretty casual in this video right now I’m not wearing a collared shirt or anything it’s a Saturday morning recording this video because I got like three calls yesterday about, I mean this exact same issue charged off debt and so I think it’s an important thing to discuss.

So before I get into the topic I have to give you a few disclaimers the State Bar my insurance agency wants me to tell you this first. This video is not legal advice it’s not made for any particular person or any particular situation, like I said I got some general inquiries about this yesterday, but this is not in response to those inquiries at all. This is for informational educational purposes only. Next, if you have a situation where debts been charged off or you need help with a credit matter or your debt collection matter retain an attorney to help you through situation you’re gonna find these firms are professionals who come after you and try to get this stuff done, you’re gonna find that, you know the opposing counsel, very common ones you see Hunt and Henriques, you see Patenaude & Felix, you see Mandarich Law Group, these guys are professionals. They’re really good I respect them, they have great processes in place but unfortunately their process is to get money from you. So you need to retain an attorney to help you with your situation. Next no attorney client relationship forms by you’re viewing this video again I’m just an attorney on YouTube putting out some videos, you’re just somebody I don’t even know who you are watching this video no attorney client relationship forms by you’re watching this video. Finally, to the extent this video can be considered an advertisement, it shouldn’t be considered an advertisement I’m an attorney. I sell my services and I probably want to work with you. If your case meet sister of parameters. You can see my website above BrianRussLaw.com or you can give us a call 888-632-6623 and we’ll see if we can help you out with your debt collection matter navigate the topic at hand.

Can I be sued for a charged off debt. Well first let’s define what is charged off debt, a charged off debt means the creditor is no longer pursuing the debt, it does not mean that the debt doesn’t exist. So right charged off just means that the creditor stopped pursuing it so if you’re a city card, and you stop paying on it, and city charge it off just me City’s not trying to go after you anymore. So your credit report is a charge off. I think we can sit there for seven years, but if you’re getting sued by Citibank, because you’re charged off debt, or if you’re getting sued because of a charge off debt, charge off does not mean the debt still there. Right. You spent the money. You still owe it, you know that that obligation did not leave and I want to make it very clear, you know, I think morally if you borrow money from somebody, you owe them that money you owe it back, you know it, I am not in the business of getting people out of debt because they feel like, you know, a big bank doesn’t need it anyways I strongly believe that you have a moral obligation to pay back and debt that you owe.

But let’s work through it you know I think there’s, there’s, there’s situations we can work through this. You know there’s times when people take out more than they can handle but the repayment terms are terrible. But yeah, that’s the baseline like I believe you have a moral obligation to pay the debt you owe. So getting to that so charged off debt. I mean, like I said the debt still exists. You still owe it just because somebody stopped trying to collect it does not mean that the debt does not exist, is charged off, it means that you know it’s it’s an accounting mechanism where they say we’re taking this off our books because it’s no longer good. I have clients who I’ve had to charge off debt. I’m still gonna try to collect it one day but I’m just not actively collecting anymore. So, the answer the question can I be sued or charged off debt. Yes, absolutely. Happens every day. You can be sued for a charge off that people think charge off they say hey I’m free. You know I don’t owe that 40 grand I borrowed this you do. And you can be sued for it, you can absolutely be sued for a charge off that usually what I see happens is, is depending on the statute of limitations. You know, you will get sued, maybe 2 or 3 or 4 years out from the day you lost make payment from the day you breach the contract. So that’s enough time for you to stop thinking about the debt I’ve had that come up so many times where a client of mine will say, Oh, I forgot I took out that loan because it was three or four years ago I stopped paying and they stopped bothering me for it and now they’re suing me and they’ll get served a suit, you know, four days before the statute limitation, right, right statute limitations is a time period in which somebody may bring a suit against somebody else statute of limitations exists to ensure the proper flow of judicial resources and ensure that people actually you know, exercise their rights in a timely fashion.

So, yes, you can absolutely be charged. I mean you can be sued for a charged off debt 100%. Now, like I said before, there’s the common mistake I see is that people believe that charge off equals forgiven your debt is not forgiven if it’s charged off your debt is forgiven if you’re told it’s forgiven your debt is forgiven if you’re told you no longer owe this you cannot presume a line on your credit report saying charge off means forgiven to the doesn’t. So yes, you know, like I said like, I mean I know I’ve come down hard saying that you know more obligation to pay back all that, I get it. And most people want to pay back for that they don’t want to be seen as somebody who takes and doesn’t, you know, give back so if you’re getting sued for a debt collection matter again city banks coming after you MasterCards coming after you one of these guys come after you. You know, you got one of these other attorneys coming after you, like I said Patenaude and Felix is a big one, Hunt and Henriques is a big one, Mandarich law is a big one, you got lots of little debt collectors, law firms too. You get sued, you don’t know what to do, give my office a call, we dealt with these guys were in California. So if you’re getting sued for debt collection in Los Angeles, if you’re getting sued for debt collection in San Francisco, if you’re getting sued for debt collection in Sacramento if you’re getting sued for debt collection in San Diego. Call my office, we’re debt collection lawyers we will help you or we will talk to you at least and we should be able to help you, because these things are really easy to deal with if you know the tricks of the trade, which we do. Alright Hey Have a good one.

Can You Trademark A Photograph?

[This transcript is a result of automated audio transcription from the video posted below. For help from Copyright Trademark Lawyer Brian Russ, visit www.CopyrightTrademarkLawyer.com or call 888-632-6623. Grammatical errors may be present in the transcript below. This transcript is for informational purposes only and may not be relied on as legal advice.]

Hey everyone is attorney Brian Russ I’m a California attorney. Helping people with copyright and trademark matters you can see my website above copyrighttrademarklawyer.com. Give us a call 888632 663 you know one of the best things about practicing in the copyright and trademark field primarily. As you may have seen my other videos I focus on copyright and trademark rights acquisition.

So actually getting the rights to the copyright and trademark and and obviously advising people once they have the marks, and so on. It’s one of the great things I can work with people across the US you know, I regularly work with people in other states. You know, I’m based in California and I’m amazed the bar for the patent trademark office for trademark purposes not for patents not for pads. I didn’t take any science classes. And so I’m not a patent attorney. But I can’t help with trademark registration issues. So today’s topic is on view this question I get a lot from people and essentially the question is, can I trademark a photograph right you you go to the beach or wherever your national park go to somebody take a picture of Half Dome.

Take a picture of El Cap, three sisters. And he’s out and I trademark my photo. It’s a great photo. It probably is a great photo and you want to trademark it and that’s awesome.

And so I get people call me all times they cannot trademark a photo so I’m going to give you the answer. First, I gotta give you some disclaimers. I get through these really fast first This video is not legal advice you have not retained me for this video i’m just providing for informational educational purposes only it’s not legal advice. This is not fact specific. If you have a fact specific issue you want legal advice on you need to retain an attorney to help you with your situation. you’re viewing this video does not constitute an attorney client relationship. And finally, this video is an advertisement I sell my services so to the extent this video can be considered advertisement should be considered an advertisement. Again, I sell my services. I have my URL right up there copyright trademark lawyer.com you can give us a call 888632 663 talk to you about your case talk to you about what’s going on and we’ll probably want to work with you. And when we work with you we take your money.

Ok, getting into the question. Can I trademark a photograph? Can you trademark a photograph? And as an attorney that practices and copyright trademark law again I practice in San Francisco, San Francisco trademark attorney I practice the Sacramento Sacramento trademark attorney and I practice in LA Los Angeles trademark attorney all those things. I get these questions all the time. Can I trademark a photograph? And the answer is no. No, you can’t trademark photograph. You just can’t do it. A photograph cannot be trademarked. trademarks are limited to a few categories. So one is for words. Right so we think were some famous words have been trademarked. Just do it. What was the one from McDonald’s? I’m loving it. Things like that. trademarks are for words. They’re also for phrases. Well, I guess I could have said Just do it. And I’m loving it as phrases words. You know, probably McDonald’s, Nike, so on things like that right? Those are trademarks.

Oh, what? I always love fast food. Trademarks because they’re so great like free shirt chalupa from Taco Bell. Pretty sure Chiluba is trademarked because what does it Chiluba but for a delectable treat from Taco Bell. So trademarks are also for symbols. Right? So we were talking about logos and things like that. And on trademark sales for designs, you can get a trademark for color. Also. So trademarks for words, phrases, symbols and designs, they do not cover photographs, photographs, are something that are covered by copyright. You know, you copyright a photo. And technically, the copyright exists the moment the photos taken at the moment of creation, again, photos, artistic expression, one of the things I like to try to tell people is, you know, think about trademark trademark equals business. And copyright equals art. Trademark is usually, you know, things used in commerce, things used to distinguish itself from competitors, whereas copyrights are generally covered for things that are, you know, a creative expression.

Now, of course, right. Big copyright, you know, is Hollywood is is is Nashville, its music. You know, so obviously, there’s business there, but it’s more, you know, the business of creativity. So anyway, so if you’re looking for a trademark attorney in California, if you’re looking for a trademark attorney in Sacramento, a trademark attorney in San Francisco or Los Angeles, contact me, be happy to help you. If you’re looking for a copyright attorney out in New York City, contact me if you’re looking for a copyright attorney in Nashville, contact me. You know, I’m happy to help you guys figure out how to get this stuff trademarked and copyright. Right. And again, I’m just looking to help you with your rights acquisition. So that’s it for the video today. It’s kind of a long day, kind of at the end of the weekend. pretty tired. So just quick video. Hey, have a good one.

Difference Between Copyright and Trademark

[This transcript is a result of automated audio transcription from the video posted below. For help from Copyright Trademark Lawyer Brian Russ, visit www.CopyrightTrademarkLawyer.com or call 888-632-6623. Grammatical errors may be present in the transcript below. This transcript is for informational purposes only and may not be relied on as legal advice.]

Hey everyone its attorney Brian Russ from CopyrightTrademarkLawyer.com. I’m a copyright and trademark attorney. I’ve helped clients with the US copyright and trademark registration process, you know, getting your rights acquired, you know, the purpose of this video today is to discuss, you know what is the difference between a copyright and trademark.

I have people call my office all the time asking, you know, oh, you know, they’ll call and they’ll say oh I need a copyright for my business. I’ll say well what are you going to use it for they say well it’s for my logo, that’s a little bit different than a copyright. It’s usually more of a trademark right people, they call in “I need to trademark my poems”, you don’t trademark a poem you copyright it. And so the purpose of this video is to provide a very high level, very consumer friendly quick snippet of what’s the difference between copyright and trademark, this is not an advanced course this is not, you know, very detailed this is high level. This is quick and dirty, so to speak, but before you go I have a few disclaimers I have to give you and I try to get through these fast.

The first disclaimer is that this is not legal advice. This is an informational video only for informational educational purposes only. Next is that you need to retain an attorney to help you with your situation, if you need help getting your rights, registered and acquired. If you need help determining what your rights are, what you need to do get an attorney, contact my office copyright, trademark lawyer calm you can reach out to our team there, you can give us a call at 888-632-6623 We’ll help you as well. Also by your viewing this video I have to tell you that no attorney client relationship forms I don’t know you, you don’t know me. This video is not made for any particular person or any particular situation and finally, to the extent this video can be considered an advertisement shouldn’t be considered an advertisement I’m a lawyer and I sell my services, you can like I said you can find me at the URL above or at the phone number. We’ll see if we can work together.

Now getting to the topic of the video. The difference between copyright and trademark. You know the first thing I want to kind of talk about these are basics, is that the basic idea is that copyright equals art  – original works of art. Now, now, again this is this is real basic, you know, you know, imagine you write a book. That book is copyrightable, right. So, it’s art you new paint a painting, copyright, you take a picture, copyright, you come up with choreography, copyright, it’s art, It’s an original creative expression is art. Now trademark is much more in the business realm trademark is used in commerce trademark is used, it’s, it’s, you know something you use in commerce to distinguish your product from the competitor so again you can’t, if you’re selling a chocolate chip cookie or donut, I like donuts. You know, we’ll go good doughnuts, you cannot trademark if you’re selling a doughnut, you cannot trademark the word donut, you can’t claim that you are selling a doughnut. Because donut is everyone who donated it, but if you you want to trademark the word. I don’t know, Quatzolottel donuts well Quatzolottel is this fanciful word that doesn’t mean anything and it’s meant to distinguish your doughnuts from Donut Town down the road or whatever it is. So again, your trademark is some, you know, logo, or word, your design mark or phrase that can be used in business to distinguish your product or service from your competitors.

Now, the thing I want to focus on is that you know, I kind of already touched on this, is that copyright protects original works, its original works of creative expression. So whether you register it or not, if you create an original work of creative expression, you made a copyrightable work, it’s protected. So it’s YouTube video is a copyrighted work, as I’m speaking it the copyright comes into existence as I record this it comes into existence. Now, trademarks, like I said, they help distinguish goods and services but trademarks, you know, you actually have to use them in commerce, you have to show to the United States patent trademark office that you are using the mark in commerce, for the class of goods or services for which you want to register the mark. So we’ll go back to our donor example with a quadrilateral doughnuts. You know, if you just come up with the idea, but you don’t actually use it in commerce, you’re not going to get registration for that word, you have to show that you’re actually selling product under that name, or selling you know services under that name.

And so again, like I said, it helps distinguish between the goods and services of your competitors, but with trademark, I mean with copyright there’s no requirement. You know of use for the copyright to exist, like I said it comes into existence immediately now. Now, there are certain benefits of registering your copyrights and I unequivocally believe that it is important to register your copyrights, if you are putting them out in the marketplace if you’re putting them on the internet. You know if you are a designer, or let’s say you’re a graphic designer and you’re, you’re putting out, you know, Things that could potentially be logos or that people would want to use, especially if it’s something that could potentially go viral, you need to register your copyright, there are benefits you get from registering your copyright that you do not get just by it being an existence.

So like I said before, even though copyright can come into existence at any time, you know when that creative expression occurs or, you know, if you don’t register it with the copyright office you you’re not going to get all the protections, and the benefits of the law. So like I said, you know, this video was a real real high overview I tried to keep it really simple. You know, I know there’s a lot of nuance I did not discuss things may be considered differently by different people. If you have a question about, you know, getting a copyright registration or registering your trademark contact my office, copyright, trademark lawyer.com My numbers 886326623 Now the great thing is, I can help clients across the United States with this stuff, you know, although I’m based in California, I can help clients in New York I can help clients in Arizona I can help you in Delaware, Florida etc Texas any anywhere, give my office a call, contact us, let’s talk about your situation and see how it can help. Alright have a good one.

Another Guest Post Published

Check out our guest post on small claims published by our friends at Dale Jensen Law.

What Is the Statute of Limitations?

The statute of limitations is a law that puts a time limit on court cases. Both criminal and civil cases can have a statute of limitations. Statutes of limitations vary by case type and location. For example, in Florida, a prosecutor has four years to file a criminal case against a person charged with fraud. In civil cases, such as personal injury, there is also a time frame in which to file a claim. Let’s discuss how statutes of limitations affect your claim.

How Long Do You Have to File a Personal Injury Claim?

The statute of limitations for your case depends on the type of claim you’re making. Generally speaking, you have about two years to bring your case for auto accidents or medical malpractice. There are many exceptions to the rules, though. Some cases, such as those against a government entity need to be brought even quicker. In some cases, you may have longer. This is why you should discuss your case with a lawyer as quickly as possible after your injury. You not only preserve evidence and information, it’s a way to get an understanding of how long you have to bring your claim.

When Does the Statute of Limitations Start?

Typically, the statute of limitations starts to count down on the day of your injury. There are some variations to the rule. In some cases, the timeline begins on the day you discovered the injury. If the surgeon left a sponge inside the incision after your surgery. The statute of limitations wouldn’t start on the date of the surgery, which would be the date of injury. Instead, it would begin when the problem was discovered.

Do You Have a Personal Injury Claim?

As the lawyers at Cohen & Cohen can explain, a personal injury claim is based on the negligence of the other party, their duty to you and whether you have damages or not. There are many laws that determine the validity of a personal injury claim, from the statute of limitations to the elements of proving that you do have a case. Personal injury lawyers usually offer a consultation at no charge to discuss your case to determine the best steps to take after the lawyer understands the case. Most personal injury cases are handled on a contingency fee. This means that you don’t pay up front. When the case is settled, the lawyer takes their fee from the settlement. Make an appointment to get an assessment of your claim.

Guest Post Alert

Check out this guest post I wrote that was published on my good friend and fellow attorney Donald Powell’s web page. Donald is a Kentucky estate planning lawyer. I wrote a post a little bit outside of my current practice areas of business law, copyright and trademark acquisition, and small claims support, but it’s a good post, and you should check it out.

Transferring a Case Out of California Small Claims

[This is a transcript is a result of automated audio transcription from the video posted below. For help from The Small Claims Lawyer, a California small claims lawyer, visit www.TheSmallClaimsLawyer.com or call 888-632-6623. Grammatical errors may be present in the transcript below. This transcript is for informational purposes only and may not be relied on as legal advice.]

Hey everyone is attorney Brian Russ I’m a small claims lawyer in California helping California clients with California cases. Now, today’s topic is about small claims and how transfer a small claims case out of the small claims court into higher court. In California we have several different types of courts, different types of jurisdictions we have small claims which is generally 10,000 and below unless you’re a corporation then it’s $5,000 and below. Then we have what’s called a limited civil is where it’s a case at $25,000 or below, and we have unlimited civil which is $25,000 and above. Each level has their own different procedural rules and applications and benefits. So today, specifically we’re talking about how to transfer a case out of small claims into a higher court, whether it’s unlimited or limited but again just getting it out of small claims.

 Now before I get any further, I have to give you a few disclaimers. The first disclaimer is that this video is not legal advice – it’s for informational and educational purposes only. I’m not creating this video for any particular person or any particular situation. The next is if you have a legal situation, I highly encourage you to retain an attorney to help you with your situation and help you work through the case help you work through the facts and applying the law to the facts. Next is, you know by your viewing this video no attorney-client relationship forms. Again, I’m not your attorney. I’m not helping you. You know this video is not meant for any particular person or any particular situation so just make sure you remember that. The next disclaimer is that this video is an advertisement. To the extent it can be considered advertisement it should be considered an advertisement. I’m an attorney and I sell my services and I will probably want to work with you. Maybe. Give me a call. My number is up there 888-632-6623. You can visit me online at http://www.TheSmallClaimsLawyer.com. Set up a time to talk to my team, and we’ll figure out if we can help you with your case.

Now, to the topic of the video, transferring out. So the first thing you have to remember, the first thing you have to consider is what your status is, in the case, if you’re the plaintiff. So that means if you’re the person bringing the case, there’s kind of different rules you have to follow, so if you’re suing somebody, and you’ve already filed in small claims, but now you want to bring it to a higher court. The first thing you have to know is that you need to avoid what’s called res judicata. Avoid res judicata. Res judicata is the theory that, you know somebody cannot proceed with a claim if it’s already been adjudicated, so if you’ve brought a claim in small claims, and you lose, you know, you cannot then take that same claim to higher general court, it’d be barred on the theory of res judicata.

And so, so I see that sometimes people think oh they lose a small claims well they’re not going to appeal that there’s going to take it higher court you can’t do it. So if you want to remove your case from small claims to higher general court and again take advantage of expanded discovery appeal rights, things like that, I mean it’s more costly but you know it’s available. You have to transfer it out before the judgment is rendered.

So, you know, generally, the way I recommend it or I should say the way I’ve seen it done, and this is much easier this way, essentially you just request, you know your case be dismissed without prejudice, there’s a judicial council form for you to request dismissal, make sure it’s dismissed without prejudice. If you dismiss with prejudice, it means you can’t bring it again, because you’re barred from bringing it again so request it be dismissed without prejudice, and that takes you know that essentially closes the case and then allows you to refile. So it’s not a true transfer because it’s not like it’s going from small claims to higher general court, it is completely ending the small claims case, and then you are then allowed to refile higher general courts. So if you’re the plaintiff, again, if you want to transfer out make sure you do it before you get a judgment. And before you know if you do, you can just request a dismissal without prejudice.

Now if you’re a defendant, it’s a little more complicated, because you’re not the one bringing the claim so you can’t request the dismissal. So if you’re the defendant, the first thing, if you’ve been sued or if you’ve been served. And you want to file a counterclaim, and take the thing to higher court. So if you’ve been sued in small claims and you want to get higher court.

The first thing you have to do is you have to remember that you must have your own claim that is above the small claims threshold. So again the small claims threshold for an individual is $10,000, for a corporation or an entity, it’s $5,000. So if you’ve been sued in small claims say for 2,500 bucks, you know, say a painter sues you because you didn’t pay the bill, but you’re gonna claim that the painter, messed up the siding on your house can cost you more than $10,000. What you have to do is first you have to have that claim, above your small claims threshold so in this example you have a claim for $15,000 or $12,000. It meets that threshold. Now, if you didn’t pay the painter and you claim that painter caused you know $5,000 In damages you can’t remove it – you can’t transfer it – to higher court because it doesn’t meet and doesn’t exceed the small claims threshold. So assuming you do have your own separate claim so a counter claim against the party, you know, same, same subject matter, same facts, same incident, and you have your own counterclaim, that is above the small claims threshold then what you have to do is you have to file a suit at higher court, you actually have to go ahead and you have to file your, your suit in higher court, you have to prove that you have the suit filed there.

And then after that, you’re going to file a motion to transfer. Now there’s other interim steps likes serving notices, again this is a high level overview, this isn’t supposed to be an exhaustive lesson. But you essentially have to file a suit in higher court and then you have to file a motion to transfer and the small claims court, because essentially what you have to do is you have to prove the small claims court, like, “Look, I have my own case, it’s already been filed, you know, it’s been served on the other party they know about it”, then you’re requesting the court to then transfer it out to the higher general court now.

There’s also procedures where you can transfer, on the basis of venue so venue is essentially you know the idea of, you know, the court hearing the case is in the wrong spot so say you live in Bakersfield and you get into a car accident in Eureka, and the person driving the car lives in Eureka, but you file a suit in Bakersfield, you know, essentially what the courts going to do and what the other party should do is they’re gonna say no, you know this this claim should be held up in Eureka, because that’s where the incident occurred so it’s still in the small claims threshold in the state of California, it’s just a matter of transferring the venue, from down in Bakersfield to up in Eureka, for the topic today this is a pretty complicated topic, transferring out, especially if you’re the defendant if you’re the plaintiff. I see it happen, do it yourself all the time, or I should say, I can see this happening all time to do it yourself setting but if you’re the defendant I really recommend you if you work with an attorney and make sure you transfer it out correctly. Now the judge can transfer it out after you after they’ve issued judgment in the small claims court, it is statutorily allowed.

But again, you want to make sure you’re not setting yourself up for failure on the res judicata front right because if you’ve already defended yourself on the claim and maybe you tried to bring the counterclaim in small claims and the judge considered it like and you lose, you know, and you try bring that same claim again a higher General Court, you record these transfer procedures I can see the court, you know essentially saying no, your small claims court not allowing it on the basis of fresh truth caught up or if it does get transferred. You know it still eventually fails in superior court, on the basis registry because I think res judicata is really one of the most important considerations here is making sure that you’re not trying to get a second bite of the apple, that you’re not trying to bring the claim again because you lost in small claims you’re trying to figure out another way to do it, because small things, I mean, it’s court man, it’s, it’s, it’s, it’s a judicial decision to judgment.

And you’re not allowed to do it twice, so that’s it if you have questions, again, reach out to my office. The Small Claims lawyer calm my phone numbers above 886326623 Reach out, we’ll get you on a call with our team, we’ll figure out what we can do to help, and we’ll talk to you later. All right.