Anticybersquatting Consumer Protection Act
Chloe Triston | July 21, 2010 | 1:16 pm

Cyber crime is taking place everyday where Cyber squatting is the most popular one. Of all the cyber related crimes, cyber squatting is increasing alarmingly. That is why to protect the business interest of the original consumer; the U.S. government has enacted the Anticybersquatting Consumer Protection Act in 1999.


Under the Anticybersquatting Consumer Protection Act, anyone who is responsible for registering a domain name that is confusingly similar to the original one, will be charged or penalized. Most of the time, cyber squatting is done to dilute or confuse the trademark of the original domain where no serious attempt or interest is involved to create a legitimate website.

Anticybersquatting Consumer protection Act

Trademark is actually the hallmark of an owner’s business. It is the trademark that gives a different identity or entity to an organization. A cyber squatter’s intention is to use this trademark for a vested interest or in bad faith intent to profit from the mark.

If anybody is a victim of cyber squatting, then he can bring a cause of action against domain registrant by consulting a Consumer Protection Lawyer. But there are lots of factor involved to convict a domain registrant under ACPA successfully.

These are stated below:

  1. Similarity between registrant’s trademark and original domain name.
  2. Sharing the common name
  3. Using of the domain name prior to the defendant’s domain name.
  4. Non-commercial or fair use of the mark by the original registrant.
  5. Registrant’s intention to tarnish the mark or have bad faith intent to profit from the mark.
  6. The mark has to be distinctive or famous.

ACPA has also drawn criticism inside USA. Critics of the ACPA are raising their voices about the non-global scope of the Act and its potential to restrict free speech.

Buying or Selling a Home? Know the Basics of Agent or Broker
Chloe Triston | July 16, 2010 | 11:49 am

Real Estate market is a sea of millions, if not billions of people in America. A hefty sum of money is involved with it. At the same time, it is very tough to get through the nitty-gritty of the real estate market for a newbie. That is why most of them take the help of professionals. These professionals can either be called agent or broker. But sometimes the problem arises because of their dubious activities.

Anyone who has hired an agent or broker to either buy or sell a house, should know the role of the agent very clearly. It is being advised due to the fact that, in the past, it had been heard that an agent who was working for the buyer, was actually engaged in favor of the interest of the seller, and vice-versa.

Real Estate Broker

It is the responsibility of the agent to navigate his client in this huge market so that he could reap the maximum benefit out of the dealing. So choosing an agent is a big deal. It is very important to know the basics before hiring an agent or broker.

A real estate broker is the one who actually helps to buy or sell a property and for that a fee or commission is charged. It is mandatory to have a license as a real estate broker in many states of USA to act on behalf of the property owner. First of all we should be clear about the fact that a broker and an agent are two terms which are interchangeably used. But at times, an agent works for or with broker, and his main role remains as a salesperson in the property dealings. The commission generated from the sale by the agent is to be paid to the broker.

Based on the specific function played by the real estate agent in property dealing, for better understanding, we have categorized an agent in four main types:

• Seller’s agents
• Buyer’s agents
• Cooperating agents, and
• Dual agents

Types of Agents:

Seller’s Agent: An agent being hired by a seller in property dealing is known as Seller’s agent. Once hired, a listing agreement is followed between the seller and the agent, which gives an exclusive right to the agent to list the property for sale for a specific period of time, usually three to six months.

Buyer’s Agent: It is essential to do an agreement or contract with an agent before buying a house. Unless you do it, you may fall into the hands of a seller’s agent whose only focus is to sell a house from the list of property he has, and thereby, generate a commission from both ends. A dedicated buyer’s agent looks only for the best interest of the buyer.

Co-operating Agent: A co-operative agent is a sub-ordinate to seller’s agent. In many states, they are known as either “showing agent” or “cooperating agent”. Their responsibility is to show to the potential buyers the seller’s property. They are paid if the sale is made.

Dual Agent: If an agent works in both ways, i.e. for the buyer as well as the seller, she is known as dual agent. It is always easy to work with a dual agent on a particular deal rather than having a buyer and seller agent on the same one. But practicing this sometimes may be potentially harmful for a buyer or a seller. Because a seller who aims to get a bigger deal may not get that because of the dual agent’s partial dealing towards buyer. Similarly a buyer may get a raw deal because of the dual agent’s dishonest act.

What Follows an Accident?
Chloe Triston | June 23, 2010 | 2:18 pm

There are many who have being a victim of a road accident at some point of time or the other. The first priority in such a situation is definitely your own safety and of those who are in the vehicle. If you have managed to emerge unhurt from the accident spot, then you need to take note of a few things. If the accident occurred as a result of no fault of yours and you ended up being a victim of it, then you can file a case against the one who is at fault by virtue of the accident law. Automobile accidents lead to a string of events which include insurance bills, other red tape documents, medical bills and accident reports. You can file a lawsuit that is based on personal injury litigation that may be the result of a car accident.

If you have sustained minor injuries in an accident or the accident has caused substantial property damage, then it is advisable that you stay at the site of the accident rather than leave the spot.  In order to file a case under the accident law, it is necessary to furnish certain crucial information that includes the details of the driver who was driving the vehicle, details about witnesses if any present on the spot, details about the accident that includes the direction towards which the vehicle was headed, the external conditions and the presence of traffic control devices.

All these details would help you at the time when you file a case following a collision or an accident, in order to recover the damages or to sue for compensation. This calls for prompt action following an accident. If you are living in the city of Kissimmee in Florida then a Kissimmee accident attorney can help you in this regard.

Awareness of US Laws – knowledge that protects
Chloe Triston | May 25, 2010 | 9:53 am

There are situations in life where you don’t have inkling about what to do. Take for example, getting involved in a legal entanglement. Majority of individuals have no idea about US Laws pertaining to a particular hassle. Perhaps you think that it would never happen to you. This isn’t a wise idea. You never know what life holds in future. You or a near one may be unfortunate enough to get entangled in a legal tug-of-war.

Adequate knowledge about the US Laws isn’t only about safeguarding yourself at times of trouble. It is only when you are aware of these could you exercise your rights and seek privileges due to you. Like you are being made to work for low wages, i.e. lesser than what you deserve. Do you know that the Fair Labor Standards Act has outlined the minimum amount of pay due to any employee? Or that the Act also states the overtime payment details? This is just an example of how lack of knowledge about the law deprives you of your due.

You won’t be able to know it all in an instant; but you need to know the basics. US Laws are a diverse field and it’s not easy to be aware of all details. Finding the right guide is the only way to deal with the matter. This is where the lawyers and attorneys come to use. If you have got embroiled in any sort of legal problem and know not what to do, it’s necessary that you discuss the matter with someone who knows. Only an expert could help you understand the legality of the matter. But again your idea of the basics of law is the only way you zero in on the right resource.





Useful Resources:

know more about your rights through various legal website online. as an example, visit Tampatriallawyers.com to hire a qualified Tampa personal injury attorney.

Keep you and Your Attorney Alert while Enjoying Maritime Vacation
Chloe Triston | April 13, 2010 | 8:41 am

While enjoying long cruise ship vacations with family, you hardly care for the things that can go wrong for you anytime. For any average person this is quite obvious. To make your trip a pleasant and hassles free, you should remember few small but valid points.

Be aware of these:-

Go through the ticket in detail:

More often you will receive a multi-page ticket with hardly visible words printed on it but do not overlook. Some very important rights of yours can be affected by this ticket. If you fall sick or get hurt due to the fault of the shipping company, it is suggested to file a lawsuit with in one year of the incident or else no compensation for you.

Focus on your Medical Care facilities:

If you have a medical records then judge the health care standard of the shipping company, you are sailing with. Certainly you would not expect to meet a psychiatrist doctor available with the ship for your heart problem.

Don’t be victimized by crimes:

Crime may happen anytime anywhere as on land and on ship. Your children both boys and girls should have enough protection against sexual assault. Make sure they are not left alone and are under proper supervision. Avoid opening your cabin door with out knowing the stranger, keep your cabin locked. It is recommended not to take safety for granted. Remember when your in fix, the shipping company is not going to be motivated to take the liability and responsibility of the mishaps, rather they would concentrate for their own safeguards. They would take every step to protect themselves against your claim. Under such circumstances self help would not suffice your need at the hour. Ask your admiralty attorney soon and get next to perform action. Take photographs of the situation; enlist the name, address, telephone number of the all possible witnesses
You can get an idea from the cruise line ticket where to sue for the case, if it is in wrong location and the stipulated time passes by then you will not have anything to do except sticking to head in the sand.

What maritime law applies to your case?

Never have a guess work that your legal rights are reserved under United States law when you are on board. Under admiralty, the flag shown by the ship indicates the present law in vogue. Means if a ship is flying American flag in the Mediterranean Sea, then the legal works will be according to American admiralty law. Thus maritime law or the law of the sea is quite distinguished from other federal or state laws and enacted for governing ships and shipping, business or commerce operated at sea. It legalizes the duties, civil liberties, and liabilities of ship-owners, other maritime employees and ship masters.

In every situation make sure that your maritime lawyer is easily approachable to you round the hours and have availability through phone call or online conversation.

Useful Resources:

You can visit www.conradscherer.com to hire an experienced Miami maritime lawyer.