July 21, 2019
fuct logo

Is “FUCT” Trademarkable?

The Lanham Act of 1946 created a national system to Trademark names.  All the great brands you know and love are trademarked – McDonalds, Nike, Amazon are all trademarks and no one else can legally use those names. But, what about trademarking the word “FUCT?” Can You Trademark A Cuss Word? “F*ck No” says the Lanham Act – you cannot trademark “Scandalous” or “immoral” names.  That would include, until recently “Fuct.” This has been a relatively hot issue in the intellectual property world recently, as the law works, a number of decisions leading up to the blockbuster decision. A couple years ago a […]
July 9, 2019
misspelled tattoos

Can You Sue For a Bad or Misspelled Tattoo?

On today’s Legal Brief – one of our subscriber’s ask: Can I sue If My Tattoo Artist Misspells My Tattoo? The internet is full of pictures of hilariously misspelled tattoos.  And here we will insert pictures of some of them. Funny Stuff.  Unless you’re the poor guy stuck with “Pubic Enemy Number One” on your arm instead of Public Enemy Number One. So, to sue the tattoo artist you have to prove breach of a duty of care to the tattoo-ee and damages.  A misspelling is pretty bad and is pretty clear-cut breach of a duty of care – unless […]
June 16, 2019
gun on top of marijuana

Can You Legally Own A Gun And Have A Medical Marijuana Card?

I recently had a client who was involved in a bad car accident and had treated extensively with a chiropractor, visited an orthopedic doctor several times and was prescribed certain powerful medications to help him deal with pain relief. Unfortunately, none of those treatments or remedies provided the long-term pain relief he sought and he also became concerned that he would become dependent on the prescription medication. He told me he was interested in getting a medical marijuana card but heard that, if he did so, he would forfeit his right to his concealed weapons license. Marijuana Laws in Florida […]
June 9, 2019
exotic sports cars of all colors parked next to each other

Can You Rent An Exotic Car If You’ve Been In An Accident?

Today on Legal Briefs, for the first time, we answer a Subscriber’s Legal-ish question: Can he rent an exotic sports car if he’s been involved in an accident before? So, you are going on a vacation and want to drive around in style or maybe you want to give a special gift to your husband for a weekend and let him drive around in a Ferrari to the grocery store. That would be a great Father’s Day gift. The short answer to the question is that: You can absolutely rent an exotic car EVEN if you’ve recently been involved in […]
June 2, 2019
hobbs and shaw movie poster

Hobbs & Shaw: Insane Cost of Total Damages from the Trailer

Transcript from video above: Hi, this is attorney Jeremy Hogan and on today’s Legal Brief I have been tasked with: Finding all tort damages in the new Fast & Furious trailer for Hobbs & Shaw I’ll give you a hint, it’s a lot. Without further ado – let’s watch this trailer. I’ve seen this trailer before 2 or 3 times already – it was played before EndGame.  For clarification, The Rock is Hobbs and the British guy is Shaw. Okay, looks like our protaganists are breaking and entering into this building – that will negate any claim of self-defense when […]
May 28, 2019
lonely island im on a boat

I’m On A Boat: What You Should Know About Maritime Laws

On today’s Legal Brief – we are … On a Boat.  It’s the perfect time to tell you about Maritime Law. Each country has twelve miles of territorial waters where their laws apply to any ship in the region.  Within 12 miles of the U.S., you are in America and U.S. laws apply.  Therefore, a baby born on a ship within 12 miles from shore to foreign parents would be an American citizen and also, indeed be … an anchor baby.  What About International Waters and Cruise Ships? While in international waters, more than 12 miles from shore, the laws […]
May 23, 2019
sanity and insanity signs

The Insanity Defense: It’s Crazy!

In 1981 John Hinkley Jr. shot and almost killed President Ronald Reagan and critically wounded Press Secretary James Brady.  Just a few months ago he was released from supervised psychiatric care and is a free man – having spent no time, at all, in prison.  On Today’s Legal Brief – What Is The Insanity Defense? First, if you are insane, please read no further – I don’t want to be a co-conspirator in any of your crimes.  (Bad Joke) For everyone else, the general rule in criminal law is that there must be an intent to commit the crime – […]
May 23, 2019
tiger woods in a black hat and red shirt

Tiger Woods Wrongful Death Lawsuit: How’s It Possible?

Tiger Woods was just sued for wrongful death by the parents of man who tragically died from driving drunk.  How is that possible? The lawsuit names Tiger Woods personally, Tiger’s restaurant “The Woods” where the man had been drinking and Tiger’s girlfriend, Erica Herman, who was also the manager of the restaurant. The allegations in the lawsuit are that the restaurant “over-served a young man alcohol who they knew was suffering from the disease of alcoholism” and then sent him out to his car to drive home.  Even though Tiger and his girlfriend weren’t even at the restaurant when this […]
May 1, 2019
hotel toiletries on the counter

What Can You Legally Take From Your Hotel Room?

What can you legally take from your hotel room?  The answer might surprise you. In law school we learn that Theft is the physical removal of an item from the possession of another, without their consent, with the intention to permanently deprive the owner of it. In that context, it is technically “theft” to even take the half-used mini shampoo bottle at the end of your stay.  You rented the room, but nowhere in your rental agreement does it say that you have purchased the shampoo bottle or bar of soap. So, as you probably have assumed in the past, […]
April 27, 2019
cross examination papers

Lawyer Cross-Examination Tricks & Techniques You Can Use Anywhere

Us lawyers use a lot of techniques at deposition, a cross-examination to get opposing parties to say things that will help our case.  Here are some that you can use in your everyday arguing. THE OBVIOUS YES TECHNIQUE The first technique is what I call the “obvious yes” technique and that is where you ask a series of general questions where the answer is obviously “yes,” leading to a question where a jury infers another “yes” is the correct answer, even though the person you are examining does not want to answer “yes.” For example, in a car accident case, […]