Archive for the ‘Business’ Category
I recently moved from the Upper Peninsula of Michigan, which is known for its harsh, icy winters. It’s safe to assume that Michigan law has plenty of previous cases concerning slip and fall cases on icy surfaces. The Supreme Court of Texas recently “granted cert” to hear a case concerning such falls. The question before the court is “Which standard of liability should govern TX slip and falls on icy surfaces?” The Texas Supreme Court has the option of two rules:
The Massachusetts Rule
“The Massachusetts Rule generally requires the pedestrian to look out for his own safety while walking on ice.”
The Connecticut Rule
“The Connecticut Rule places the burden on the premises owner to clear ice and snow from the property.”
Scott and White Hospital Memorial Hospital v. Fair (Petition for Review)PDF
Whichever way the court decides, I swore by this product in icy conditions.
I wonder if I’ll be able to snowboard in Texas anytime soon…
Source
Imitation is not only the best form of flattery, but it can also be a shortcut to success. That is the law and concept of franchising. Many businesses, even new ones achieve success by being innovative, adaptive and aggressive. When these three qualities are ever-present in a business, there’s no way to go but up. Companies like McDonalds, Apple and even Facebook have these qualities but not everyone can have them immediately. Not everyone who engages in business can have them without extensive experience.
So how can any entrepreneur achieve success without having to go head-to-head with other vibrant businesses? The key is to follow or at least temporarily follow other businesses. The key is to imitate the business model of other businesses. They key is to sell the products and services that they sell. The key is acquiring a franchise.
Many successful companies offer franchising to entrepreneurs who want them. These companies themselves benefit by expanding their reach to places they consider successful but otherwise have no resources or will to expand just yet. They also benefit financially from franchise fees as well as partial profit from supplied inventory. The entrepreneur on the other hand benefits from the successful name or the popularity of the business. He also benefits and learns from the successful business model of the franchisor which he can apply or adapt to other businesses.
The common types of business that can be franchised are food businesses like McDonalds or KFC. The entrepreneur gets to use the McDonalds name and business model. He cannot add to it that is not endorsed by McDonalds. McDonalds supplies the training for personnel as well as most of the inventory. The entrepreneur handles the rest. Customers won’t have a clue if their local restaurant is owned by someone else unless they read the receipts fine print.
If you are considering establishing a Franchise contact us at 214.550.6455 for a free consultation.
A trademark is a word, phrase, symbol, or design or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.
A service mark is the same as trademark, except that it identifies and distinguishes the source of a service rather than a good.
A trademark generally protects brand names and logos employed on goods and services. One may establish right to use a trademark based on use of the mark in commerce. Thus formal registration is not required but is encouraged to protect a trademark.
Registering a trademark on the Principal Register provides several advantages:
(a) Public notice as to claim of ownership;
(b) Legal presumption of ownership;
(c) Ability to bring an action;
(d) Use of the registration as a basis to obtain registration in foreign courts;
(e) Ability to record the registration with U.S. Customs and Border Protection Service to prevent importation of infringing goods;
(f) Right to use the federal registration symbol;
(g) Official listing of the mark in the United States Patent and Trademark Office’s online databases.
A claimant may use a “TM” (trademark) or “SM” *service mark” as an alert to the public as to superiority of use in the mark. The United States Patent and Trademark Office reviews trademark applications and determines whether the applied for mark meets the requirements of registration.
If you are considering trademarking please contact our office for a free consultation.
The consensus among them is that the national economic picture is improving; Texas is weathering the recession better than most states; and energy and technology will be the two sectors that lead the state’s recovery. Using current and projected population trends, each offered insight into how that growth will impact Texas by 2050.
Commissioner Staples said the increase in population translates to a net decrease of 1.5 million acres of agricultural land. “This amounts to a per capita loss of 270 acres for each 1,000 new residents. We’ve got to do the math on water needs, infrastructure and figure out what this means in an opportunity for our state. This summit is all about recognizing those challenges and developing a strategy for success.”
Extrapolating from population statistics, Dr. Perryman said that 1,000 new residents move to Texas each day. Just to meet housing needs for this burgeoning population, Texas will need to add 165,000 multi-family and single family homes each year to keep pace.
“What that means on highways, schools, water and sewer is that it will be a challenge to keep that, and everything else, going. But it’s also a huge opportunity that will define our future with new emerging technologies,” said Commissioner Staples.
“In bad times, good is ‘relative,’” Dr. Perryman said. “Regarding housing, our situation is not as bad as it could have been. We overbuilt the market, but not drastically. This is not worse than the 1980s – that was the worst time for Texas since the Great Depression.” He said builders have stopped building in Texas and will likely construct only 86,000 units this year.
He applauded passage of Proposition 4 on the Nov. 11 ballot, which creates a pathway for additional top tier research universities.
“Companies want to congregate around educational institutions. Look at microelectronics in Austin and the University of Texas,” he said. Biotechnology and food represent new frontiers for business development.
“If you bring in research money, you create jobs,” he said. To illustrate the point, he cited the national gross domestic product (GDP) at $14 trillion. The gross domestic product of start-up businesses founded by Massachusetts Institute of Technology alumni is $2 trillion. Dr. Perryman said that Massachusetts understands the incubation process between business and education, and so does California.
Texas is starting to “get it.”
“Technology will be something that leads us out of the recession,” he said. “And so will energy.”
Dr. Perryman said that Texas represents eight percent of the national economy; however, the state only lost four percent of what the country lost during the recession.
Lt. Gov. Dewhurst agreed with Dr. Perryman on education as a pathway for creating new jobs. “We must improve public schools and universities so they can prepare workers and leaders to succeed,” he said. “We have tried to create
pro-growth, pro-business environment in Texas, and people all around the country are hearing about this.
“Over the last three years, Texas is #1 in creating jobs; #1 as the place to do business; we have more Fortune 500 companies in Texas than any other state. This is huge – think of the business opportunities.”
Texas voters approved three constitutional amendments that will help reform the property appraisal process, making the system fairer for property owners. Voters also passed a proposition that will strengthen protections against a government entity unfairly taking private land or homesteads through eminent domain.
Proposition 2 will ensure that property-tax appraisals value a residence homestead as a home, not at its “highest and best use.”
Proposition 3 creates uniform standards across the state for appraisal methods.
Proposition 5 enables appraisal districts in two adjoining counties to combine resources for a single review board.
Proposition 11 strengthens eminent domain protections, barring government entities from taking private property for private development or for purely economic reasons.