The Secret to Success of Trademark Investigations

Trademark InvestigationsThe Secret to Success of Trademark Investigations

Who would think that shopping at Guess would be confused with shopping at Gucci, but that is what resulted in a $4.66 million lawsuit filed by Gucci against the populist retailer, Guess.

A U.S. district court judge decided Gucci was indeed entitled to damages, claiming that Guess “Gucci-ized”  its products and infringed on Gucci’s trademark.

At the heart of the matter, trademarks of names, logos, jingles, slogans words or symbols are what separates identities worth billions of dollars. An innocent mistake or blatant infringement can cause irreparable damage to a company or individual. Investigating such an incident is critical to the brand’s survival in this highly competitive and technologically connected world we live in today.

Coming to close to another businesses name or using similar packaging, symbol or even a service in the same marketplace can cross the line of trademark infringement.

The success of trademark investigations rests heavily on the skills of the investigators.

Creating a New Trademark or Logo

Just when you think everything is all in place for your new business, there is the proverbial “knock on the door” that you have infringed on another companies trademark or logo.

This is not a small problem. Even if you back off immediately, the money that went into stationery, advertising and product development can cause a significant set back. A little work upfront could have prevented the problem.

Why Hire a Professional

It would seem it should be easy enough to find out if a name, symbol or logo is already being used just by searching on the Internet? Possibly, if you know where to go and what to look for. A trademark search is not simply keying in a name to a search engine and see what comes up.

Before you spend money on letterhead, cards, advertising and product development, it makes sense you are navigating in friendly water.

A thorough trademark search will investigate any similar federally registered marks and those that are still pending. It will check which marks have been cancelled or expired.

Trademark investigations research numerous sources of unregistered or similar users of certain marks, brand names and the trade names that are currently registered.

This kind of information won’t come up on a simple web search. For more information regarding trademark investigation, contact us today.

It’s not uncommon for one spouse to begin hiding assets whenever he or she is contemplating a divorce. Fortunately, there are some telltale signs that will alert you to this possibility. Here are some signs that indicate asset searches might be needed.

Secretive and Controlling

A person who is hiding assets may become secretive and controlling when it comes to financial matters, and may:

  • Insist on having complete control of banking and financial information
  • Have business expenses that he or she claims have not been reimbursed by an employer
  • Claim that a hard drive containing financial information has suddenly crashed
  • Have a cell phone or post office box that you are unaware of

A partner who is being controlling or secretive may react angrily when questioned about financial affairs. He or she may also try to put pressure on you to sign paperwork or complete certain deals.

Decrease in Income

Spouses who are hiding assets may suddenly claim to have a decrease in income, even though his or her spending habits do not reflect this. There may also be claims that a business is failing or that certain assets are depreciating in value.

Loaned Money

A common tactic used to hide assets is to “loan” money to a friend or family member. Your spouse may claim that person failed to pay the money back, when it is actually being held until after the divorce is final.

If your spouse is exhibiting one or more of these behaviors, the reason could be because he or she is hiding assets. Should a divorce ensue, this could greatly affect your settlement, which is why you should contact us for help in getting the settlement you deserve.

Fighting insurance fraud with private investigation

Insurance FraudFighting insurance fraud with private investigation

There are many domains of application for private investigation. In each one of them, private investigators are hired to shed light on matters arousing suspicions from at least one party. This article is written from the perspective of insurance companies and explains how private investigation can be used to fight insurance fraud.

How Fraud Occurs

Because fraud is a rampant problem in our society, insurance firms need to protect themselves against policyholders who are always trying to gain access to the benefits to which they aren’t normally entitled. For instance, if a policyholder is covered for a list of accidents related to work but contracts an injury while at home, then they may try to file a fraudulent claim to avoid spending their own money. Another example is when an insured person exaggerates on an injury report to maximize their insurance benefits.

Deterring fraud

As you might know, insurance claims must be submitted along with several documents substantiating the financial request of the policyholder. For example, after a work-related injury the employee will undergo medical examinations and use the reports generated to submit a claim to their insurer. Once the claim has been submitted, the insurer will review it and assess its legitimacy. What may raise suspicions on the claim is the amount requested, especially if it seems to be disproportionate compared to the injury itself. This is usually going to trigger a private investigation, and ultimately the filing of a lawsuit by the insurer’s attorney.

Investigating the claim

The goal of the private investigation will be to gather evidence strengthening the suspicion that the claim is fraudulent. The private investigator will have at their disposal a number of tools to complete their mission such as placing the claimant under surveillance. For example, if the policyholder claimed that their injury prevents them from performing any kind of physical activity but is spotted lifting objects in their backyard, the investigator will know that the claim is a scheme.

Get legal assistance

Fraudulent claims are considered crimes nationwide. This means that there are specific legal sanctions for those who are found guilty of such schemes. Every time that a fraudulent claim is uncovered, the insurer needs to contact a lawyer who will make sure that the fraudster gets punished to the fullest extent of the law.

If you’re an insurer and believe that you’re being victim of fraud, please contact us today and we’ll help you prepare a solid fraud investigation case.

Infidelity Surveillance

Infidelity is an unfortunate reality for many people. It is one of the most destructive things that  take place in a relationship. Trust is one of the most important foundations for a relationship to function properly.  Suspicion of infidelity is often  just as destructive as infidelity itself. Believing your partner has broken the bond of trust causes much chaos within a relationship. It is important to know, without a doubt if your partner is cheating. If you discover that your partner is not stepping-out on the relationship, you have peace of mind and are able to relax. If you find out that your partner is cheating, you have the proof and ability to make a clear decision about the future of your relationship. Infidelity surveillance may be the best option for your situation. Here are a few ways to know if it is right for you.

Evaluate how your suspicions are affecting your life. Are you constantly worried and anxious? Do you stay awake at night thinking about the possible infidelity? Are you treating your partner as if he or she is cheating? Is your relationship strained due to your suspicion? If the answer to any of these questions is “yes” then it is time to consider some type of surveillance. Doubting if your partner is faithful causes huge levels of stress. If this stress is interfering with your life, you should seriously consider surveillance so that you can know for sure what is happening.

The next thing to look at is your available time. How much time do you have available to devote to finding out what your partner is doing? Most people have a career and a life to live. There is not a lot of free time to spend playing detective. If your time is limited, hiring a professional is the best option. Professional surveillance takes the responsibility out of your hands and they devote their time to getting answers for you. A good professional will be discreet and keep your information anonymous. Your partner will never know they have been watched, unless you choose to tell them.

The last thing to consider is the evidence you already have. Something has given you reason to believe your partner is cheating. Take a close look at the facts. Sometimes it is helpful to get an objective viewpoint. Present your evidence to a trusted friend or professional and let them be the judge. Also, trust your own instincts. If you have a “hunch”, take this seriously. After evaluating all of the facts and listening to your own intuition, consider whether your suspicions appear valid. If they do, then infidelity surveillance is likely  right for you.

The bottom line is that there is no substitute for knowing. Having the facts will unlock the mystery and allow you to have peace of mind. Knowing what is really going on gives you the freedom to  make relationship decisions based on facts. There is simply no substitute for the truth.

Contact us for more information.

The “Lex Romana” Team played in the 31st Annual Judge Kenneth Lae Charity Golf Tournament to support the Orange County Bar Association Charitable Fund.

Mike Santoni, Joseph S. D’Antony, John R. DiCaroJoseph A. Ferrucci

Italian Lawyers & Investigators supporting the Orange County Bar Association!