In order to prevail on a trademark infringement and unfair competition claims, the plaintiff must establish that defendant’s trademark creates a “likelihood of confusion” regarding the origin on the goods or services offered by the plaintiff and the defendant. The Likelihood of Confusion Test There are eight factors that are relevant in determining whether […]
If a debtor made a payment to you within 90 days of their filing for bankruptcy, the payment may be deemed a “Preferential Transfer” and you may be liable for paying the money back to the trustee of the debtor’s estate. Have you received a Preferential Transfer? Pursuant to 11 U.S.C. § 547(b), a […]
Promissory Estoppel was developed to protect the ability of individuals to trust promises in circumstances where trust is essential. In essence, promissory estoppel can be thought of as an “invisible handshake.” State Bank of Standish v Curry, 442 Mich 76, 85; 500 NW2d 104 (1993). The three elements necessary to make a promissory estoppel claim […]
Nila Jean Oxender (“Decedent”) died by drowning in her hot tub at her Tucson, Arizona, condo on November 23, 2016. In the related Washtenaw County Probate Court proceedings, entitled In re Nila Jean Oxender, Case No. 2017-000,428-DE, William G. Tishkoff, Esq. of Tishkoff PLC represents Derrick B. Oxender (“Derrick Oxender”), an interested party. As stated […]
In most attorney-client relationships, it is easy to identify the client. For attorneys who practice estate planning, probate law or probate litigation, among other related areas, the answer is somewhat less clear. Namely, is the client the fiduciary (i.e. the personal representative), or is the client the estate and the beneficiaries of the estate? A […]
When a plaintiff is deciding whether to bring a sexual discrimination, sexual harassment and/or hostile work environment claim, the plaintiff must be careful to understand what types of discrimination constitute sexual discrimination prohibited by Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”). Once such example is […]
Over the course of a legal proceeding, attorneys often have to discuss sensitive topics to zealously represent their client—this can be especially true in sexual harassment or hostile work environment cases. Inherent to many of those cases are accusations that one person, the harasser, did something unpleasant to the victim. While there are certainly ethical […]
When two parties come to an agreement, whether it be for services, goods or something else, like an investment, a contract is not always formed. In such a situation, where no contract is formally created, but one party benefits from the conduct or actions of the other, in some cases, the equitable doctrine of unjust […]
When a plaintiff has obtained a money judgement against a defendant, the plaintiff must be careful to understand that obtaining such a judgement is just the first step in trying to collect on such a judgement from the defendant. Some of a plaintiff’s most powerful tools in enforcing a money judgement against a defendant are […]
There are many scenarios where someone may need to legally act on behalf of another—transferring property, making medical decisions and signing legal documents, to name a few. In these situations, a power of attorney can be granted to a second individual by a first individual to allow that second individual to sign a document, make […]