The Madrid Protocol - an intellectual property article about trademarks written by Michael D. Stewart, Esq. of the Law Offices of Michael D. Stewart. www.TheMiamiLaw.com. 866-438-6574

The Importance of Protecting your Trademarks - The Law Offices of Michael D. Stewart. www.TheMiamiLaw.com

Article discussing the European Community Trademark written by attorney Michael D. Stewart of The Law Offices of Michael D. Stewart. www.themiamilaw.com

This California Secretary of State memo announces the recent changes in California law allowing two new types of corporation effective as of January 1, 2012. First, there is the "Flexible Purpose Corporation" as provided under California Corporations Code sections 2500-3503. Second, there is the "Benefit Corporation" as provided under California Corporations Code sections 14600-14631.

Homeowner sued bank for paying forged checks drawn on her line of credit. Bank brought demurrer based on CCP 340(c) one year statute of limitations for a "depositor" to sue for payment of forged or raised checks. Held: plaintiff was not a "depositor" with respect to the line of credit, so the one year statute of limitation does not apply here.

This is a classic engraved stock certificate for common stock of Baltimore & Ohio Railroad Company. According to Wikipedia, the copyright on this work has expired.

This is a Model Stock Purchase Agreement Adopted by the Committee on Negotiated Acquisitions, Section of Business Law, Amercan Bar Association (ABA). As the document notes on its first page, the document is buyer-oriented.

California Business and Professions Code section 7031(a) “bars all actions, however they are characterized, which effectively seek 'compensation' for illegal unlicensed contract work.” Here, a licensed California contractor who was doing business under an unregistered fictitious business name sued to foreclose on a mechanic's lien. Held: because the contractor held a valid license, he was not barred by B&P 7031(a) from recovery. [Advance sheet courtesy of www.metnews.com]

California Constitution art. XV, § 1, sets usury limits on interest. California Civil Code § 1916.1, provides an exception for loans made or arranged by real estate brokers. California Civil Code 1916-3(a) allows victim of usury to recover treble damages. Lender corporation made a number of loans to Borrower at rates above the usury limits, but the paperwork stated Lender was a licensed real estate broker. Borrower sued Lender for usuary when Borrower learned Lender was not a licensed broker. Held: loans were usurious, judgment for Borrower for excess interest paid over usury limits.

P sued D corporation in a collection action, and named its individual shareholder as a defendant based on a alter ego theory. When the corporation filed for bankruptcy, P dismissed the corporation and proceeded to obtain judgment againt the shareholder. Held: since defendant corporation never claimed it owned the alter ego causes of action against the shareholder, therefore, P's claims were not property of the bankruptcy estate and not subject to the automatic stay.