There are many benefits of joining motorcycle or biker clubs. If you are wondering if you want to join a motorcyclist or biker club there are a few things you should consider. There are many different types of clubs that motorcyclists/bikers find support in. A motorcycle club environment gives individuals a support group, purpose, and ever lasting friendships. Support can come in many forms such as, having an extended family of support when one of its members suffered personal injury or wrongful death due to motorcycle accident. When people hear motorcycle/biker clubs, they may have a predisposition assumption about the organization and instantly think "criminal type biker clubs" or "outlaw motorcycle gangs". However, not all motorcycle clubs are in it for other illegal purposes. There are many law-abiding biker clubs. Many motorcycle clubs join together to help their community, help common purposes, or cause. There are several motorcycle/bike clubs that host and manager various activities such as fundraising and charity events. A motorcycle club is no different from any other organized club or group. There are many considerations to take into account before you make a decision to join or be associate with a club. Thus, before making a decision, do your research and educate yourself before jumping the gun.
There are many different motorcycle clubs in California that motorcyclists/bikers can join. Some of the following motorcycle/biker clubs in California include:
The Iron Warriors Motorcycle Club, also known as "IWMC" is a non-profit organization and was founded in 1987 near San Jose, California. The motorcycle club was founded by police officers who owned Harley Davidson motorcycles, and who loved to ride with like-minded people. In order to gain membership to the iron warrior motorcycle club, one must be active and retired law enforcement officers and firefighters. Today, the tradition continues.
The IWMC purpose is to provide assistance and support to the community, members, departments, and families. Many of their efforts are aimed to raise money to support the families of fallen police officers and/or firefighters. The motorcycle club additionally supports military veterans.
The American Motorcyclist Association (AMA) is an American nonprofit organization, founded in 1924 and has more than 200,000 members. The AMA motorcyclists organizes many motorcycling activities and campaigns for motorcyclists' legal rights. The AMA mission is "to promote the motorcycling lifestyle and protect the future of motorcycling." For instance, American motorcyclist Association has been at the forefront in stopping the deadly threat of distracted drivers.
There are many benefits of joining AMA, membership benefits include:
Ruff Ryders, also known as "RR", is a motorcycle club that has grown through the years and consists of members from all walks of life, such as attorneys, law enforcement, doctors, and military personal. The Ruff Ryders motorcycle club is heavily involved in charity events which support the community such as Cure Violence, Red Cross, Toys For Tots, homeless shelters, and local Boys & Girls Clubs.
There are many benefits of joining the Ruff Ryders club, a few benefits include:
Motorcycle accident injuries can be reduced by wearing protective gear while riding. While, wearing a motorcycle helmet while riding reduces a motorcyclist’s risk of head trauma, however only by a certain percent. According to CDC wearing a helmet lowers the risk of a head injury by estimated 69 percent and lowers the risk of death by estimated 37 percent. California has motorcycle helmet laws which riders are required to follow. Even when rider wears a helmet, serious head injuries can still occur. Some of the most common motorcycle accident injuries include:
The Immigration and Nationality Act (“INA”) gives an opportunity to US citizens to bring their foreign fiancé(e)s to the United States to get married here. In order to obtain the K-1 fiancé(e) visa, the petitioning US citizen and his/her fiancé(e) must meet certain requirements. The Petitioner Must Be A US Citizen First of all, it should be noted that only US citizens can file K-1 petitions for their foreign fiancé(e)s. Lawful permanent residents cannot bring their fiancé(e)s to the US with a K-1 visa. The petitioning US citizen must submit a proof of his citizenship with the petition for alien fiancé(e). The acceptable evidence of US citizenship includes, but is not limited to, a copy of birth certificate issued by a US civil authority, a copy of certificate of naturalization, and a copy of unexpired US passport. The Petitioner And Fiancé(e) Must Intend To Marry After Fiancé(e)’s Entry To The United States The US citizen petitioner and his/her fiancé(e) must intend to marry within ninety (90) days after fiancé(e)’s entry to the US. Both the petitioner and his/her fiancé(e) shall submit statements of their intent to marry within ninety (90) days after fiancé(e)’s entry to the US. In addition to the statements, the petitioner shall submit any other evidence showing the mutual intention to marry. Once the petitioner and fiancé(e) marry within ninety (90) days after fiancé(e)’s entry to the US, the fiancé(e) may apply for adjustment of status to obtain his/her green card. If the petitioner and fiancé(e) fail to marry within ninety (90) days after fiancé(e)’s entry to the US, the fiancé(e) shall leave the country. A US citizen can file a petition for alien fiancé(e) only if the petitioner and his/her fiancé(e) have met in person within two (2) years prior to filing the petition. The petitioner shall submit evidence of the meeting with his/her fiancé(e) with the petition. Such evidence may include photographs, airplane tickets, stamps in passports, receipts or anything else showing that the petitioner and fiancé(e) have met in person. The requirement of in person meeting can be waived only in two (2) circumstances: (1) if the petitioner can establish that the requirement to meet his/her fiancé(e) in person would result in extreme hardship to the petitioner; or (2) the requirement to meet the fiancé(e) in person would violate strict and long established customs of the petitioner’s or fiancé(e)’s foreign culture or social practice. Both the petitioner and his/her fiancé(e) must be of legal age to marry. Additionally, if the petitioner and/or fiancé(e) have been married before, all prior marriages must be terminated. The petitioner shall submit proof that all previous marriages were legally terminated. Evidence of termination of previous marriages may include judgments of divorce or annulment of marriage or a death certificate issued by a civil authority. If the US citizen petitioner and his/her fiancé(e) meet the requirements outlined above, the US citizen can submit a petition for the fiancé(e). Once the petition is approved, the fiancé(e) can enter the US to marry the petitioner. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information on immigration law which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda. FOR A CONSULTATION PLEASE FILL OUT THE FORM BELOW FOR A CALL BACK FROM KAASS LAW: [contact-form to='[email protected]' subject='NEW CLIENT INQUIRY'][contact-field label='Name' type='name' required='1'/][contact-field label='Email' type='email' required='1'/][contact-field label='Phone' type='url' required='1'/][contact-field label='Case Information' type='textarea' required='1'/][/contact-form] https://kaass.com/happens-immigration-visa/ https://kaass.com/happens-child-turns-21-filing-immigration-petition-behalf/
There are many advantages of incorporating a business in California, each business form hold different advantages and disadvantages.
While, there are many benefits of incorporating a business, choosing to register your business under the form of a Limited Liability Company, or "LLC" is one of the more common and better choices. Here are four (4) reasons why forming an LLC in California is the best decision:
An LLC can be organized in various ways. The beauty of an LLC is that the structure of the firm is virtually entirely up to founders' imagination! This is in stark contrast to the rigid, formal structure of a corporation.
Unlike a corporation, which mandates board meetings and shareholder votes along with other burdensome default rules, an LLC has virtually no mandatory rules. Rather, the statutes in your jurisdiction will provide default rules which can be contracted around in the Operating Agreement.
One of the most difficult aspects of protecting your trademark in today's world is protecting it on an international level. Unfortunately, there is no tool that allows business owners to register a trademark "globally". Otherwise, trademark owners must register its trademark in each and every individual country where it seeks trademark protection. Starting October 1, 2017, the European Union trade mark regulation changes. The European Union Intellectual Property Office; among other things, has made a number of procedural changes, thus it is vital you speak to a Glendale trademark attorney in order to help protect your business. Here are three reasons why you should register your trademark internationally.
Once you begin selling your products in international markets, your business name and brand may become more attractive as your popularity grows. Registering your trademark in countries which your products are available can prevent other businesses from attempting to confuse consumers by using your businesses identical or similar name or profit from your business's popularity.
Many business owners believe that incorporating a business is too costly and time consuming. On the other hand, you may be wondering if you truly need to incorporate your business. Quiet frankly, business owners' may find themselves facing personal debts and liabilities in the event of a business dispute or lawsuit. Consequently, business owners then find themselves racking up far more legal fees, costs, stress, and lengthy lawsuits.
There are number of ways California business owners can benefits from incorporating their business. Likewise, California offers a number of different business forms which a business owner may file under. The California Corporations Code outlines minimum filing requirements for incorporating businesses in California. Not all business structure are alike, each offer different benefits and posses disadvantages. Choosing the business structure that best fits your needs its probably the most vital questions any business owners should ask themselves. After all, the foundation and structure of which you build your business will play a major role in your success. Thus, it is a good idea to contact a that can consult you on your options and help you fill in the gaps. We invite you to contact our office and schedule a consultation with a Los Angeles business attorney with strong background in business and economics. Our , near Los Angeles is committed to provide a balanced approach to your legal needs, sound advice and assistance to prevent and or resolve problems.
Some common causes of motorcycle accidents, Los Angeles County:
Traumatic brain injury is divided into two categories -- mild and severe. A traumatic brain injury is considered mild if a loss of consciousness lasts for less than 30 minutes. On the other hand, traumatic brain injury is considered severe, if a loss of consciousness lasts for more than an hour.
Signs of a mild traumatic brain injury include,
Signs of a moderate to severe brain injury may begin within days and symptoms include:
As an owner of a registered trademark or service, you probably wonder when others are responsible for infringing your mark. You should know that the test for trademark infringement is the likelihood of confusion as a result of the similarity of the marks.
A person may be liable for infringement of a federally registered mark if his use of a mark in relation to any goods of services is likely to cause confusion, mistake or to deceive. 15 U.S.C.A. § 1114(1). This test to determine whether a registered mark is being infringed is known as the test of likelihood of confusion.
The test of likelihood of confusion includes not only the confusion as to source but also as to affiliation, connection or sponsorship. Champions Golf Club v. Champions Golf Club, 78 F.3d 1111, 1121 (6th Cir. 1996) (internal citations omitted). This means that a user of a mark may be liable for trademark infringement if the use creates a likelihood of confusion that the goods are affiliated to, connected with or sponsored by the owner of the registered mark.
The Immigration and Nationality Act (“INA”) gives an opportunity to US Citizens and lawful permanent residents to bring their children to the United States. US citizens can sponsor both their married and unmarried children. However, the unmarried children under twenty-one (21) fall under the category of immediate relatives who are exempt from numerical quotas applicable to other family based preference categories. The question whether the child falls under the category of immediate relatives is extremely important because if immediate relatives can obtain their green cards within less than a year, children of US citizens, falling under one of the preference categories, will have to wait at least seven (7) years depending on their country of citizenship and marital status. Lawful permanent residents can only sponsor their unmarried children who fall under the Second Preference – spouses and unmarried sons and daughters of permanent residents. However, children under twenty-one (21) of permanent residents have certain privileges compared to children who are twenty-one (21) or older. First of all, seventy-seven percent (77%) of available visas in the second preference category is allocated to spouses and unmarried sons and daughters under twenty-one (21) of permanent residents. § 203(a)(2). Additionally, seventy-five percent (75%) of visas issued to spouses and unmarried children under twenty-one (21) of permanent residents are not subject to the per country limitations. . § 202(a)(4)(A). As a result, if children under twenty-one (21) of permanent residents can obtain their green cards within less than two (2) years, children who are twenty-one (21) or older will have to wait at least seven (7) years depending on their country of citizenship. As it can be seen, the age of the child is crucial for both the petitions filed by US citizens and permanent residents. There is a possibility that although the petition is filed while the child beneficiary is under twenty-one (21) he will be twenty-one (21) or older at the time of adjudication of the petition. In 2002, the Congress enacted the Child Status Protection Act to protect children beneficiaries who turned twenty-one (21) after the immigration petition was filed on their behalf. These provisions of the Child Status Protection Act are known as “age-out protection” provisions.
The only real reason to lay down your motorcycle is if you are almost certain that you will not be able to stop your bike in time and you have nowhere to swerve to avoid the accident. In other words, if swerving out of the way or hitting your breaks is not an option because you believe that even more serious consequences will results, laying down your motorcycle would be a good choice in this type circumstance.
Successful, rapid stopping is best accomplished by quickly applying both the front and rear brakes at the same time. If doing so results in your front wheel locking, then at that point you have to rapidly disengage the brake before firmly reapplying pressure to the rear brake. On the other hand, if your rear wheel locks up as opposed to the front wheel, then it is best to allow it to remain locked and kee[ applying the brakes until you have completely stopped. Hiring a Los Angeles motorcycle accident attorney and motorcycle accident attorney in Glendale can help motorcycle accident victims preserve their accident claim, increase compensation, and avoid having to deal with the difficulties of insurance companies and insurance adjusters. As experienced motorcycle accident litigators, we have successfully litigated various personal injury cases. KAASS LAW understands the mastery it takes to successfully receive fair settlements during the claims stage of a personal injury or accident case. When you are involved in a motorcycle accident and suffer damages, you are legally entitled to compensation by negligent and responsible parties, or their insurance carriers. We invite you to contact our motorcycle accident attorneys for a free personal injury consultation. We will review your motorcycle accident claim, evaluate the facts surrounding your case, and consult with you on your options. Please call our office at (310) 943-1171 and speak to an experienced Los Angeles motorcycle accident attorney. Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian. [su_button url="tel:+1 3109431171" background="#2def58" color="#ffffff" size="9" center="yes" icon="icon: share"]CALL US NOW FOR A FREE CONSULT[/su_button] KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW Motorcycle Accident Collision Lawyers and Attorneys helps clients in: County of Los Angeles, City of Los Angeles, Burbank, West Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Calabasas, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda. Pamona FOR A FREE DETAILED REVIEW BY OUR AWARD WINNING LOS ANGELES MOTORCYCLE ACCIDENT ATTORNEYS FILL OUT THE FOLLOWING FORM: [contact-form to='[email protected]' subject='NEW CLIENT - Moto Accident'][contact-field label='Name' type='name' required='1'/][contact-field label='Email' type='email' required='1'/][contact-field label='Phone' type='url' required='1'/][contact-field label='Facts of Accident' type='textarea' required='1'/][/contact-form] https://kaass.com/california-motorcycle-helmet-laws/ https://kaass.com/common-causes-of-motorcycle-accidents/ https://kaass.com/common-traumatic-brain-injury-symptoms/
An LLC has even more limited liability than a corporation or limited liability partnership! The founders can execute an Operating Agreement that vacates most of their fiduciary responsibility. This is extremely important as it shields owners from being personally financially responsible for the liabilities of the LLC should things go wrong. This means that creditors cannot go after the personal assets of the owners to pay business debts.
Unlike a corporation which is subject to "double taxation" (i.e. a corporation pays taxes on its annual earnings while shareholders must also make tax payments on dividend payments), an LLC is eligible for flow-through (aka pass-through) taxation under IRS rules. A Flow-Through entity, such as an LLC, is not subject to taxation. Rather, taxes are only paid once the income passes to the owners. Ultimately, the beauty of an LLC is that it offers the limited liability of a corporation with the freedom and tax advantages of a partnership. Owners of an LLC are shielded from personal liability, avoid double-taxation, and have the flexibility to organize the LLC management structure in any way they see fit. Our Glendale business attorneys will help you make the right decision as each entity has its own significant consequences in matters pertaining to issues of liability, management, ownership, and control; business succession matters such as transfer, assignment, and dissolution; as well as business taxation.
For further question regarding incorporating your business, feel free to contact our office at (310) 943-1172. Our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW immigration attorneys helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Foreign trademark filing is a big business decision, thus businesses should consider many factors when doing so. U.S. trademark law provides protection against businesses importing counterfeit goods. However, you may also register your trademark in a country where you believe counterfeit goods are originating from. This will not only help prevent counterfeit goods being exported to other countries.
If your business fails to register their trademark internationally, you bare the risk of allowing another party to "take" your trademark first in the foreign country. This can obviously create a lot of problems. For instance, this can disrupt the distribution of your products in or from the country. If you have questions regarding trademark applications or any other business law questions give us a call and receive a free consultation with one of our experienced Glendale business lawyers. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Prior to starting a business, a business name must be selected that is not already in use. You can find out if the fictitious business name you choose is available for use by going to the Los Angeles County Registrar-Recorder website. If the business name you selected is available, you may then register with the Registrar-Recorder/County Clerk's Office. Likewise, fictitious business name statements must also be filed with the Registrar-Recorder/County Clerk's Office.
Starting a business is no small task and you should be confident in your abilities to successfully form your business. California offers a number of business structures you can utilize to accomplish certain things. Choose the business structure that best fits your needs.
Sole proprietorships are the basic business form under which a business owner can operate a business. It is important to remember that sole proprietorships are not legal entity. It simply refers to a person who owns the business and is personally responsible for its debts. In other words, a sole proprietorship is owned by one individual, of which is personally taxed on income and is personally liable for debts of the business. Thus, if you are a sole proprietorship, consider registering a sole proprietorship into a corporation. This way you not only protects your personal assets and personal liability, but you also tell the world that you take your business seriously.
A corporation, in its legal form, is an entity separately from you, the business owner. In California, corporations are considered to be an “entity”, you can think of it as a separate “person”. One benefit of registering and filing your business under a corporation is it can shield business owners from personal liability and debits. A corporation is also taxed and so are its shareholders.
A limited liability company, commonly referred to as an “LLC”, offers liability protection like a corporation, but is not taxed as an entity. Instead, the LLC's income is usually taxed through the individual on their income. Corporations provide limited liability protection to their owners. Typically, the owners are not personally responsible for the debts and liabilities of the business; thus, creditors cannot pursue owners’ personal assets.
Hiring a motorcycle accident attorney can help preserve your claim, increase compensation, and deal with the difficulties of dealing with insurance companies and insurance adjusters. Many times the adjusters will try to blame the motorcyclist by saying you were not riding at a safe speed during the collision or perhaps riding at excessive speed. Your motorcycle accident attorney will have Neurologists, Orthopedists, and other doctors to help treat you for your injuries. Many of these specialists take cases on a lien basis. This means that you will not have to pay out of pocket for the treatment you receive until you recover monies. to determine the full extent of the injuries. A quality motorcycle lawyer will hire experts, if necessary, to reconstruct the accident and/or speak to the forces exerted on the human body of the motorcycle rider. If you or a loved one has been involved in a motorcycle accident in Glendale near Los Angeles, CA we invite you to contact our office for a free confidential consultation and case evaluation with an experienced Glendale personal injury attorneys and Los Angeles motorcycle accident lawyers at (310) 943-1171. Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
Often times, common traumatic brain injury symptoms are not immediately apparent. It may take several days or weeks for traumatic brain injury symptoms to surface. This depends on a number of factors including how severe was the incident. It is important to speak to your physician's if you begin to notice physical or behavioral changes. You should also consider receiving an MRI of your brain. A thorough neurological examination or a brain imaging scan should reveal any damage to the brain's surface.
It is important to collect all the documentation and medical records that are related to the injury. Also, it is a good idea to keep a journal and keeping track of the time and effects the injury has on your daily life. Consult with an experienced traumatic brain injury lawyer. Your attorney will consult with out on your options, whether there was any potential negligence that can be asserted against the third party. You may be able to collect monetary compensation, the cost of therapy, medical expenses, loss of income, reduced quality of life, and more for a traumatic brain injury cases. Have you or a loved one suffered a traumatic brain injury due to the negligence of another? A Los Angeles personal injury attorney from KAASS Law may be able to provide you with legal assistance.
In order to show likelihood of confusion, there must be a probability of confusion; mere possibility of confusion is not enough. Nora Beverages, Inc. v. The Perrier Group of America, Inc., 269 F.3d 114, 121 (2d Cir. 2001) (internal citations omitted). It should also be noted that plaintiff does not have to prove actual confusion in order to show that the defendant is liable for trademark infringement. Perfumebay.com Inc. v. eBay, Inc., 506 F.3d 1165, 1176 (9th Cir. 2007) (internal citations omitted). If the plaintiff is able to show likelihood of confusion the defendant will still be liable for trademark infringement even if the plaintiff shows no instances of actual confusion.
The test for likelihood of confusion is whether a reasonably prudent consumer is likely to be confused as a result of the similarity of the marks. Dreamwerks Production Group, Inc. v. SKG Studio, 142 F.3d 1127, 1129 (9th Cir. 1998) (internal citations omitted). The likelihood of confusion exists when there is a likelihood that an appreciable number of reasonably prudent consumers is likely to be misled or confused because of the similarity of the marks. McGregor-Doniger, Inc. v. Drizzle, Inc., 599 F.2d 1126, 1130 (2d Cir. 1979) (internal citations omitted). To sum up, there is a likelihood of confusion when there is a probability that an appreciable number of reasonably prudent consumers will be confused as to the source, affiliation, connection or sponsorship of goods or services because of the similarity of the two marks.
Federal courts in different federal circuits have come up with multi-factor tests in order to determine whether there is a likelihood of confusion or not. The test in the 9th Circuit, which includes the State of California, is the eight-factor Sleekcraft test pursuant to which the court shall consider the following factors to determine if there is a likelihood of confusion or not:
These factors are not requirements but are helpful guidelines for courts in order to determine whether there is a likelihood of confusion or not. Eclipse Ass’n, Ltd. v. Data General Corp., 894 F.2d 1114, 1118 (9th Cir. 1990). The application of the text shall be flexible, and there is no specific formula setting forth how the factors included in the text shall be considered. Nautilus Group, Inc. v. ICON Health and Fitness, Inc., 372 F.3d 1330, 1346 (Fed. Cir. 2004) (internal citations omitted). The important question is what the analysis as a whole reveals about the issue of likelihood of confusion. Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1141 (9th Cir. 2002). This means that none of the factors is determinative but the analysis as a whole shall answer the question whether there is a likelihood of confusion or not.
It should be noted that the degree of similarity of marks necessary to show likelihood of confusion varies depending on the competitiveness of goods and services. The more similar the goods or services the less similar marks need to be in order to prove likelihood of confusion. Century 21 Real Estate Corp. v. Century Life of America, 970 F.2d 874, 877 (internal citations omitted). Conversely, “… the greater the degree of similarity between the marks, the lesser the degree of similarity between the goods is necessary to support a finding of likelihood of confusion.” The Board of Regents, University of Texas System v. Southern Illinois Miners, LLC, 110 U.S.P.Q.2d 1182, 1189 (internal citations omitted). Hence, if the marks are very similar the court may find a likelihood of confusion even if the goods or services at issue are not very similar. To summarize, your trademark or service mark is being infringed if a use of another mark creates a likelihood of confusion among consumers. If the other mark is very similar to your trademark or service mark you might have a cause of action for trademark infringement even if the goods or services are not very similar. If you believe someone is infringing on your trademark or have questions regarding trademark registration, copyright, or any other intellectual property related question, we invite you to contact our office and speak to one of our experienced business attorneys at (310) 943-1171.
Adjudicators must determine whether the beneficiary qualifies as an immediate relative child based on his age on the date of filing the immigrantion visa petition on his behalf. Id. § 201(f)(1). As such, the date when the US citizen parent files the immigration petition for his child, the Form I-130, determines whether the child falls under the category of immediate relatives or not. This means that although the child may turn twenty-one (21) after filing the immigration petition on his behalf, he will always qualify as an immediate relative as long as he is not married. The date of filing the petition is the date when the Form I-130 is filed with the United States Citizenship and Immigration Services.
Adjudicators shall determine whether the beneficiary qualifies as a child under twenty-one (21) of a lawful permanent resident by using the following formula: the age of the child on the date on which an immigrant visa number becomes available minus the number of days during which the petition for the child was pending. Id. § 203(h)(1). If the child is under 21 after using this formula he will benefit from the age-out protection provision of INA. The immigration petition is considered to be pending from the date of filing the petition until the date of approval. It should be noted that the beneficiary may benefit from the age-out protection only if he seeks to acquire a status of a lawful permanent resident within one (1) year after the availability of an immigrant visa number. Id. The age-out protection provisions of the INA are intended to protect the children of US citizens and lawful permanent residents who turn twenty-one (21) after filing the immigration petition on their behalf. Hence, if the child of a US citizen or a lawful permanent resident will turn twenty-one (21) soon they should try to file the immigration petition before the child turns twenty-one (21) in order to benefit from the age-out protection provisions. If you have questions regarding an immigration matter, we invite you to contact our immigration attorney for a free consultation at (310) 943-1171. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.