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Author: Matthew T. Kincaid

Should You Use an Attorney or a Real Estate Agent to Sell or Purchase Your Home?

In our last blog post, we wrote about the relationship between deeds and real estate contracts, explaining the merger doctrine.  After reading that post, you now understand that the particular language of a real estate contract and the subsequent deed of conveyance is of utmost importance.  Getting a professional to prepare those for you, as […]

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Real Estate Contracts vs. Real Estate Deeds: Does One Trump the Other?

In our last blog post about real estate law, we wrote about deeds, breaking down some of the similarities and differences between warranty deeds and quitclaim deeds.  After reading that post, you now know that deeds are an essential component of any real property sale whether of a commercial, residential, or agricultural nature.  You might […]

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Warranty Deeds vs. Quitclaim Deeds

Buying or selling real estate, whether of a commercial, residential, or agricultural nature, is exciting but brings with it a host of considerations that may affect the parties involved in the transaction for years to come.  Real estate investors, business owners, and families need to know about two of the main types of written legal […]

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Why Owning an LLC in Your Own Name May Be a Big Mistake

Business interests are probate assets.  You read that correctly—the lengthy, expensive, contentious, publicly available probate process may involve your limited liability company’s membership interest or corporation’s shares in the event of a major accident or death.  Even some of the most sophisticated business owners do not realize this, resulting in a potentially dangerous planning gap.  […]

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Interpreting Written Contracts In Kansas

Even here in the great state of Kansas, handshake deals and gentlemen’s agreements aren’t too common anymore.  Small businesses and individuals write and sign a lot of contracts. This is a normal part of doing business or just living life.  Down the road, unfortunately, problems between the parties to a contract can surface; and each […]

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Are There Laws or Regulations Pertaining to Who Can Provide Trademark Law Advice?

As a lawyer who often practices before the USPTO, I have been asked the question on occasion as to what qualifications a United States resident must possess to act as a trademark representative before said agency.  The answer, in brief, is that a trademark representative must be a licensed attorney or a person pleading or […]

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Description Meta Tags, Trademarks, and Fair Use

The Digital Revolution has made the presence of a website a sine qua non for a company’s relevancy and success.  Website owners and webmasters working in competitive industries find themselves jockeying for position with respect to their websites’ rankings within search engine results pages.  One technique they may use to achieve higher rankings concerns the […]

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Be Careful When Selecting Domain Names

When a new company is being formed, founders should pay careful attention to Internet domain names.  An Internet domain name is a unique address by which an Internet resource can be identified and found by a Web browser accessing the Internet.  Well-known examples are “Amazon.com” and “Priceline.com”. Entrepreneurs must take into consideration the availability of […]

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Trade Name Infringement

Blue Ribbon Feed Co., Inc. v. Farmers Union Cent. Exchange, Inc., 731 F.2d 415 (Cir. 1984) is a case in which a company vindicated its rights in its trade name and demonstrated that, under certain conditions, the user of a trade name is entitled to protection against infringement of that trade name in the same […]

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Employment Law – Discrimination Charges By The Numbers

According to statistics compiled by the Equal Employment Opportunity Commission, there were 707 charges filed with the EEOC, within the state of Kansas, in the year 2015.  Within the state of Missouri (in the same year) 1,868 charges were filed.  Why were these numbers so different? As of 2015, the population of the entire state […]

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