Welcome to Smith.Sholar.Associates.PLLC

Real Estate Law:

• Tennessee Real Estate News
• Residential Real Estate Closings
• Commercial Real Estate Leases
• Commercial Real Estate Closings
• Real Estate Contracts
• Real Estate Loan Closings
• Tennessee Real Estate Education
• Legal Representation of REALTOR Associations
• Auction Law and Education
• Real Estate Title and Escrow

Intellectual Property Law:

• Copyrights
• Trademarks
• Registrations, Licensing, Contracts

Estate Planning, Elder Law, Elder Care Planning:

• Medicaid Eligibility
• Asset Preservation
• Elder Care Planning
• Elder Advocacy
• Estate Planning
• Powers of Attorney
• Advance Directives
• Living Trusts
• Living Wills
• Probate
• Wills

Real Estate Legal Tip

Is a commission due to the real estate agent if the owner does not accept the contract?
In Trezevant Realty Corporation v. Threlkeld, (Tenn. App., 2008) the Court did not allow a listing real estate agent to recover a commission from the property owners even though he brought an offer to the table that he felt was a very good offer. The Court held that " a real estate broker is entitled to his commission when he procures a purchaser who is acceptable to the seller and who is ready, willing, and able to buy on the seller's terms." Parks v. Morris, 914 S.W. 2d 515 (Tenn Ct. App. 1995). In this case, the offer was unacceptable to the seller and therefore a commission was not due to the agent. Stay tuned next week for more information on why the agent was not allowed to recover a commission.

Go to Real Estate Tips Archive

Intellectual Property Legal Tip

IS THE TITLE OF MY BOOK A SINGLE WORK?
Generally, the title of a single work is not protected by trademark unless it has acquired secondary meaning, even if the title is inherently distinctive. That means that the title of a book must be sufficiently well known that the public associates it with the author in order to be afforded trademark protection. The title of a series of books, however, is protected by trademark laws without having to prove secondary meaning. IP IN THE NEWS: POPEYE GOES PUBLIC In January, the Popeye copyright expired in Britain, which only restricts copyright rights to 70 years after the author's death. This means that anyone in Britain can print and sell Popeye t-shirts, posters, comic strips, etc. without first getting authorization. The Popeye copyright is protected in the United States until 2024. Popeye is further protected by trademarks; therefore, the public will be limited to ornamental use of the Popeye image.

Go to Intellectual Property Law Tips Archive

IP in the News

CHEWY VUITTON TAKES A BITE OUT OF LOUIS VUITTON
In 2006, Louis Vuitton sued the Las Vegas company Haute Diggity Dog claiming that the company infringed on the famous Louis Vuitton trademark by creating and selling dog toys under the name Chewy Vuitton. Recently, however, the Federal District Court disagreed with Louis Vuitton and rendered a decision stating that the Chewy Vuitton products were a lawful parody of the Louis Vuitton mark. A parody is a form of free speech which is protected by the First Amendment of the Constitution. The District Court Judge ruled that the Chewy Vuitton mark is "a joking and amusing parody" that "pokes fun at the elegance and expensiveness of a LOUIS VUITTON handbag." The owner of Haute Diggity Dog reportedly spent $300,000 defending this lawsuit instituted by Louis Vuitton.

Go to IP in the News Archive

Elder/Estate Law Tip Legal Tip

MEDICARE PART A
Enrollment in Medicare Part A is automatic for anyone who files for Social Security Retirement Benefits or Railroad Retirement. There is no need to file a separate application for Medicare. However, if you choose to take early retirement from Social Security, you will not be eligible for Medicare until age 65. Upon turning 65, you will automatically be enrolled in Medicare. Medicare Part A is hospital insurance. It generally covers inpatient hospital stays, the first 100 days of a skilled nursing facility, the first 100 visits of home health following a hospital and/or skilled nursing facility stay, some home health care, and hospice services.

Go to Estate Planning-Elder Tips Archive