Finding a Better (and less bitter) way to Divorce. by Amy Alvis

Collaborate dispute resolution is a process that couples voluntarily may chose as an alternate way to resolve their issues in a divorce, legal separation, or other relationship termination without having to litigate issues in court. It is similar in ways to mediation however, it takes a more holistic approach by involving attorneys, counselors, financial advisors, tax advisors and any other professional who may be needed to help the parties settle their issues.  Unlike mediation, where no legal advice is provided to the parties by the mediator, the parties are each represented by legal counsel.

In order for this process to work both parties need to agree to participate in the collaborative process, typically in writing as well as the following:

1. They agree to fully disclose all relevant information to each other in the spirit of mutual cooperation and the avoidance of litigation.

2. They agree to act in good faith in the process and the goal of reaching a solution/settlement that is acceptable to each of them.

3. They each have their own attorney (typically one that is a collaborative practitioner or will act in such capacity) and accept that their attorney’s representation will end if the matter becomes contested. This is known as a “limited scope” representation.  This is also different than mediation where the parties may have an attorney advise them during mediation, but then later represent them in court if they are unable to reach an agreement in mediation.

4. The parties agree to engage the services of financial, tax, mental health, and/or other professionals to the extent their situation warrants, to evaluate the facts and then advise and make recommendations to the parties. These professionals will also stop their representation if the matter becomes contested.

The benefits of this process is that the parties feel much more in control of the outcome and solutions.  All persons involved become very familiar with the family, the financial issues, and all other relevant factors that go into the solution that becomes the mutual agreement.  Decisions are not left to the courts that often have very limited familiarity with the particular case and facts, nor really know the parties involved other than what they may see in their courtroom or read in the court pleadings. And finally, there is more trust in the process and confidence in the final agreement because the parties are each providing information to each other freely and openly.

To find out if collaborative practice is right for you, call Amy Alvis at Alvis Frantz and Associates at 925-516-1617. Amy is a member of the International Academy of Collaborative Professionals.

What’s in a Name?

By Marie Quashnock

Even experienced attorneys have a hard time explaining the difference between different types of intellectual property that a business can own.  While patents protect the ideas, and copyrights protect how the ideas are expressed or written down, trademarks protect the goodwill in a product or service.  Specifically, trademarks identify your product or service in the consumers' minds

A trademark is not necessarily the same as your company name, but it can be.   For example, The Coca Cola Company makes “Coca Cola”, so both its company name and trademark are the same.  The Coca Cola Company also makes other popular soft drinks.  All of those names are different than the company but they are protected by trademark.

Names are not the only things which can be trademarked. You can also trademark logos, designs, slogans, shapes, smells and even sounds.  For example, Intel owns a trademark for the 5-note sound played at the end of its commercials.  (U.S. Trademark Registration No. 2315261, described as "a five tone audio progression of the notes D FLAT, D FLAT, G, D FLAT and A FLAT.")

What does trademark protection mean?  When you register a trademark, you get the right to use it exclusively for your product or service.  State trademarks protect marks that are used locally or only in one state.  Federal trademarks protect marks that are used in more than one state.  If you find out someone else is using your mark, you can ask them to cease and desist.

You might think that your trademark is safe because you did an internet search and you did not find anyone else with your name out there.  However, a trademark owner can force you to cease and desist even if your mark is not identical, so long as it is substantially similar to yours.  When you did your internet search, you probably were not looking for similar marks.  Trademark search companies use search algorithms that break down your mark and look for marks that are even remotely similar.

If you find yourself in this situation, the best you can hope for is a negotiated agreement for both companies to use the mark concurrently.  At worst, you could be forced to give up your mark entirely, which means changing all your signs, menus, advertising, website, etc.  This could be very costly.  An ounce of protection is worth a world of cure.

For more information about protecting your trademark and other intellectual property, please contact us at Alvis Frantzand Associates.

The information provided is for informational

purposes only and not for the purpose of providing

legal advice. You should contact an attorney to

obtain advice with respect to your particular issue

or problem.