Real estate lawyer Brooklyn. Why you need to hire one

Did you know that when you are buying property, that you need to consider getting legal assistance? This is something that not many people know.

The one thing that people think is that they can use the real estate agent’s legal team instead of hiring your own real estate lawyer Brooklyn. This is the one thing that you should never do. Make use of the agent’s legal assistance. You need to get your own team and make sure that they have your interest at heart. If you don’t know why this is something you need to do, then you should continue reading. 

What is a real estate lawyer?

 

There are different types of lawyers. Each has their own specialty that they have specialized in. Meaning that you won’t hire Corporate Lawyers Brooklyn if you actually are buying property.
Now, the question is what are property attorneys? They are a legal team that will assist you in everything that has to do with buying homes. Making sure that the seller or the agent doesn’t scam you out of money. They are making sure the contract is correct with no fine print that will cause you any problems. They are only handling clients that want to buy or sell homes. 

Is this really something that you need to consider when buying a property?

A question that many new home buyers are wondering about. Is this really something that you need to consider when you are buying a property? Or, should you only hire one if you are buying a commercial property and don’t really need one for residential property? 

 

Yes, it is essential that you are getting your own legal team when buying property. You can’t just hire any team; you need to make sure that you are hiring the best Brooklyn real estate lawyer for yourself. Even if you are just buying a residential property. One thing is for sure, the moment that you have your own legal team, you will know that your purchase is in good hands.

 
What if the real estate agent is offering their legal team to you, free of charge?

Your real estate agent is offering their legal team to you, free of charge. So, you will save hundreds of dollars in legal fees. Should you do it? Even if you are getting the offer for free, this isn’t something that you should do.

You need to remember that their legal team is paid by them, the agent. And, they are preparing the contract in the first place. If they know there is a clause that can harm you, they will not say it. Their salaries don’t come from you. This is why you need to hire your own team, and it should be a specialized team, not a legal team like Corporate Lawyers Brooklyn

Reasons why you should hire your own legal team when buying property

There are many reasons why you should hire your legal team like a real estate lawyer Brooklyn when buying any form of property. The main reason is that you need to have someone that you pay that is taking care of your personal needs. Making sure that the contract is legit with no fine prints, and making sure that the property is really for sale.

They will also make sure that the right inspectors are coming to inspect your home. To make sure that the home is sellable. To make sure that the property is really the value that the agent is claiming the value is. 

How to find the right property legal team?

How can you make sure that you are hiring the best Brooklyn real estate lawyer? You need to make sure that you are doing as much research about the legal team as possible before you are hiring anyone. Read reviews and visit their site before you can consider hiring them.

You should always hire your own real estate lawyer Brooklyn when you are buying a home or any other property. Never use the legal team of the real estate agent. You will not know if you are really purchasing a home without any problems if you don’t have your own legal team.

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PepsiCo: Serial Trademark Infringer or Coincidence?

On June 15, 2021, a food startup named Rise Brewing filed suit against PepsiCo in the U.S. District Court for the Northern District of Illinois. The startup has begun to make a name for itself by selling canned cold-brew coffee. Rise Brewing has alleged that the well-known company PepsiCo has infringed on their trademark with their recent launch of a Mountain Dew-branded energy drink called Rise.¹

 

History of Infringement

According to Forbes, the notorious food, snack, and soda company, PepsiCo, is valued at an astounding $18.2 billion.² PepsiCo has had its fair share of trademark infringement cases in the past, where they have been sued by brands such as VitaminWater, Polar seltzer, and Simply Orange Juice.

 

A more recent lawsuit was filed in the United States District Court for the Southern District of Texas, where a temporary nationwide restraining order had halted PepsiCo’s release of a Gatorade product called Gatorlyte. The order had been issued due to a sports beverage named Electrolit made by a Mexican company.

 

According to Laboratorios Pisa S.A. de C.V. v. PepsiCo, Inc., PepsiCo allegedly copied the Mexican companies’ product packaging. Before the issuance of the restraining order, PepsiCo shipped roughly $1.7 million worth of Gatorlyte after spending $1.3 million on media and $18 million of product development. ³ The Court considered three facts in determining whether recall of the product, which was already rolled out nationwide, was justified. These three factors were “(1) the willful or intentional infringement by the defendant; (2) whether the risk of confusion to the public and injury to the trademark owner is greater than the burden of the recall to the defendant; and (3) substantial risk of danger to the public due to the defendant’s infringing activity.”⁴

 

The Court reasoned that “recall is an extreme remedy” and “therefore they did not find sufficient indicia of willful infringement, confusion to the public that outweighs the onerousness of a recall, or a sufficient risk of danger to the public to justify a full recall of GATORLYTE” at the time of the case.⁵

 

The Court then turned to the balancing of the parties’ hardships. The Court stated that although PepsiCo’s investments were significant, the Court did not find that a temporary restraining order would affect the investments to such a degree that would be problematic. Additionally, PepsiCo decided to release their product line despite the initial issuance of a Temporary Restraining Order and the then-pending hearing on another Temporary Restraining Order. The Court turned to the Mexican companies’ argument that PepsiCo was aware of the rights in the Electrolit trade dress, so PepsiCo, therefore, accepted all risks of infringement. Trade dress is the look or feel of the product, in this case, Electrolit’s trade dress was their companies protected product packaging.

 

The two companies reached a confidential settlement earlier this spring, ending the case permanently and, therefore, lifting the temporary restraining order.

 

U.S. District Court for the Northern District of Illinois

 

On June 15, 2021, Rise Brewing Company (hereinafter “Rise Brewing”) filed a trademark infringement lawsuit against PepsiCo, alleging that PepsiCo has infringed on their trademark with their recent launch of a Mountain Dew-branded energy drink called Rise.⁶ The issue in the complaint arose out of the energy drinks use of the word “Rise,” written horizontally across the top of the can, in a fashion almost identical to Rise Brewing.

 

Rise Brewing created a canned caffeine drink that lacks the chemicals, dairy, fat, and sugar commonly associated with traditional energy and coffee drinks. The brand features the words RISE horizontally across the can, with Brewing Co. located just underneath. Shortly before the complaint was filed, PepsiCo released its own RISE-branded caffeine drink. Rise Brewing alleged the PepsiCo brand marketed itself as a morning caffeinated beverage to replace ready-to-drink coffee drinks such as RISE.

 

Rise Brewing alleges that PepsiCo’s actions are causing “reverse confusion” in violation of the Lanham Act. Traditionally, in a trademark infringement case, the defendant is the “junior user” of the mark, and the plaintiff is the “senior user.” This type of trademark infringement causes consumers to believe the defendant or its products are associated with the plaintiff or its products. Here, Rise Brewing alleges that it is the opposite. In a reverse confusion case, the consumer confusion for association goes the other way. Meaning, due to PepsiCo’s size, reputation, and power, consumers are confused into thinking that Rise Brewing’s RISE drinks are associated with PepsiCo.

 

The concept of reverse confusion was established in Big O Tire Dealers, Inc. v. Goodyear Tire & Rubber Co.⁷ In that case, the Court stated that it was essential to recognize something other than traditional confusion to prevent “anyone with adequate size and resources [from] adopt[ing] any trademark and develop[ing] a new meaning for that trademark as identification of the second user’s products.”⁸ Rise Brewing alleges this case is a classic case of reverse confusion, demonstrating what the Big O court was trying to prevent.

 

Rise Brewing owns multiple valid registered trademarks with the United States Patent and Trademark Office (“USPTO”), as shown below.

Source By: https://sewellnylaw.com/pepsico-serial-trademark-infringer-coincidence/#comment-472

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Essential information before you choose business litigation lawyers Brooklyn

 Yes, there is a time that you will need to get some legal assistance. Someone that can assist you in sorting out the mess you might be in.

And, when you need to hire a business litigation lawyer Brooklyn, you need to make sure that you aren’t only hiring the best type of lawyer, but that you are hiring one that you can trust and rely on. This is why all this information is so essential. To make sure that you find and hire the best team for you. To get you out of trouble, or to assist your business in a legal matter.

Know the different types of attorneys you can hire

 

 

The first thing that you need to know is that there are different types of attorneys you can hire. And, if you are hiring the wrong one, it will cause you some serious problems and money that you have wasted.
This is why you need to know when to hire the right attorney, like the patent law firms New York. If you have a patent that needs to be approved, then this is the firm you need to hire. However, you can’t hire them if you want to purchase a property. Even if the property is for your business.

When should you hire a business lawyer?

When you have a business and there is a business lawsuit at hand, you will need to hire business litigation lawyers Brooklyn. But, this doesn’t mean that you should only hire these lawyers when you already have a case that needs attention.

It is recommended that you are hiring one so that you have one at hand when needed. Many business problems require a legal team, and then you will have one already. Having one on your books in case something happens is a good idea.

Do you want to hire a legal team for the long-term or short-term?

This is a question that you need to ask yourself before you start looking for a lawyer. If you are hiring a Brooklyn real estate lawyer, this will be a short-term contract. However, if you want to hire a long-term lawyer, you need to consider a business lawyer.

Sometimes you might think that you only want to hire a legal team for a short period of time. However, this might not be the case, and then you need to search for a new firm. So, by making sure what type of lawyer you need, you will save yourself time and money.

Make sure that their fees are reasonable and market-related

 

 

When you are hiring any legal team like the Brooklyn real estate lawyer or business lawyer, you need to make sure that their fees are reasonable. That you don’t pay more than what is needed for your lawyer.
It doesn’t matter what type of legal assistance you need, there are reasonable fees and then there are fees that are just plain daylight robbery. You need to make sure that you know what normal lawyer fees are so that you don’t pay more than needed.

Other things you need to look for when choosing a lawyer

There are some other things you need to look for when you are choosing a patent law firms New York. Things like their reputation, their ratings, and how professional their service is.

You should always make an appointment with a couple of attorneys before you choose one. To ensure that you are feeling comfortable with the one that you are actually choosing. You also need to make sure that they have the right qualifications and experience to assist you correctly. The last thing you want is to hire someone that can’t assist you correctly.

When you are looking for a business litigation lawyers Brooklyn, you need to make sure that you are following this guide. This is to ensure that you are going to get the right type of legal team and to ensure that you are getting value for money. With something as serious as court cases, you don’t want to hire someone that will not be able to assist you correctly, and this is why you need to make sure that you are hiring the right team for the right cause.

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