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16May 2023

A Spicy Legal Battle for Taco Tuesday Supremacy

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Do you love Tacos?

Do you really love Taco Tuesday?  

My lovely wife, is sick of Tacos, and hates Taco Tuesday despite the fact that that it makes picking out what’s for dinner on Tuesday night really easy in our house.  Our little Tuesday night skirmish is nothing compared to the story I’m about to tell of the origin and current legal war over, “Taco Tuesday”.

Slap on your sombrero and grab a glass of Pepto-Bismol, because the Great “Taco Tuesday War” has officially begun. Not so ironically on  TUESDAY, May 16, 2023, Taco Bell turned a simmering battle over the right to use “Taco Tuesday” into an all-out war when they filed a spicy lawsuit against Taco John’s. Their goal? To liberate the beloved phrase from the clutches of trademark protections that Taco John’s has owned and enjoyed for over three decades. What once seemed like a petty legal skirmish over marketing rights has now escalated into a full-blown legal war for the marketing rights to use the phrase, Taco Tuesday and, perhaps more crucially, the honor of being legally responsible for our collective gastric distress on Wednesday mornings.  It’s as if the Fast Food Hunger Games have come to real life, except this time, instead of wielding weapons, they’re armed with Tacos and legal briefs. Let the battle for Taco Tuesday supremacy commence, and may fortune favor the most seasoned contender.

The phrase was originally coined by the owner of a Taco John’s franchise in the early 1980’s.   He noticed that his worst day of sales was Tuesdays, so he started a promotion that he called, “Taco Twosday” where you got two (2) tacos for 99 cents.   This was before our current fight with inflation.   As the promotion gained momentum, its catchy phrase naturally evolved into the now-familiar “Taco Tuesday.” This irresistible combination of words rolled off the tongue as smoothly as a perfectly crafted taco, captivating the hearts and appetites of taco lovers far and wide. Recognizing the potential of this cultural phenomenon, Taco John’s sought to secure their claim on the phrase. In 1989, they successfully applied for and received a trademark for “Taco Tuesday,” staking their rightful ownership over the term that had become synonymous with midweek culinary indulgence.

However, Taco Bell had a different idea in mind. Fueled by a burning desire to provide Taco Tuesdays for all, they set their sights on challenging Taco John’s trademark empire. Their argument rested on the belief that “Taco Tuesday” had transcended the realm of branding and become a generic term embraced by taco enthusiasts and food establishments across the nation. With their fiery hot sauces and creative marketing campaigns, Taco Bell launched their legal offensive, determined to liberate the beloved phrase from the clutches of a single corporate entity.

And so, the stage was set for an epic showdown between these fast-food giants. Legal teams armed with guacamole-stained legal briefs and cheesy arguments will clash in the courtroom, battling it out over the fate of Taco Tuesday.  As the case unfolds, the world watches with bated breath, eagerly awaiting the court’s decision. Will Taco Bell succeed in their audacious quest to free Taco Tuesday from the grips of trademark protection? Or will Taco John’s defend their claim, protecting their legacy as the originators of this delicious weekly tradition?

 

The Taco Tuesday War is not just a battle of legal jargon and corporate rivalry; it is a reflection of our deep-rooted love for tacos and the unique culture they embody. It reminds us that even in the realm of fast food, traditions and phrases can hold immense value. So, as we munch on our Tacos and sip our salsa let us brace ourselves for the twists and turns of this spicy legal war.  Dare I say, their fighting a war over the, “Whole Enchilada”.    May the best Taco Conqueror prevail and may Taco Tuesday forever rein supreme as the tastiest day of the week.

05Apr 2023

Donald Trump Indictment and Indictment Summary

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Below is a link to download both the Indictment and Indictment Summary of Fact that were filed against former President Donald Trump, which was unsealed on April 4, 2023.    The Indictment was filled by and is being prosecuted by New York District Attorney, Alvin L. Bragg, Jr.

An indictment is a formal accusation of a crime, typically issued by a grand jury based on evidence presented by prosecutors.  It serves as a means of initiating criminal proceedings against a defendant and requires that the accused person stands trial and be proven guilty beyond a reasonable doubt.  In the United States, the standard is that a defendant is considered innocent until proven guilty.

Nothing in this post is intended to take a political position, the information is being provided for informational purposes only, so that the public can educate itself regarding what’s been alleged by New York District Attorney, Alvin L. Bragg, Jr., to justify bringing criminal charges against former president Donald Trump.

Trump Indictment Summary – State of New York 4-4-2023

Trump Indictment – State of New York 4-4-2023

04Apr 2023

Reminder Florida Annual Report are Due!

Business, Florida Annual Report, Florida Business Entities, Florida Department of State, Uncategorized

 

Florida Corporations, Limited Liability Companies, Limited Partnerships, and Limited Liability Limited Partnerships need to file their annual report by 11:59 PM EST on Monday, May 1, 2023 or they’ll be assessed a $400 late fee.  Additionally, Annual Reports are due by third Friday in September, to avoid being Administratively dissolved.     Here is a link to file: https://dos.myflorida.com/sunbiz/manage-business/efile/annual-report/   The Reinstatement Fee for a Florida for Profit Corporation is $600 + $150 for a grand total of $750.

Below is a List of Common Questions and Answers:

What is an annual report?

  • The form updates or confirms the Florida Department of State, Division of Corporations’ records.
  • It is not a financial statement.
  • An annual report must be filed each year for your business entity to maintain an “active status” with the Department of State.
  • It is required, whether or not you need to make changes.
  • The data displayed on the entity’s annual report is the most current data on file with the Division of Corporations.

I don’t remember my document number. Where do I find it?

What are my payment options to file an annual report?

Online Payment Options:

By Mail or Courier:

  • Check or money order.
    • Make checks payable to the Florida Department of State.
    • Must be payable in U.S. currency drawn from a U.S. bank.
  • Submit payment with the required payment voucher.
    • An automatic prompt will allow you to print the voucher when you select the “Pay by Check” option.
    • Need another copy of your payment voucher?
    • Your payment voucher and check or money order must be postmarked and mailed on or before May 1 to avoid a late fee.

What happens if I pay after May 1st?

  • A $400 late fee will be imposed on all profit corporations, limited liability companies, limited partnerships and limited liability limited partnerships.
  • Non-profit corporations are not subject to the $400 late fee.

What happens if I don’t file the annual report?

  • If you do not file an annual report by the third Friday of September, your business entity will be administratively dissolved or revoked in our records at the close of business on the fourth Friday of September.  (Chapters 607, 617 and 620, F.S.)
  • Administratively dissolved or revoked entities may be reinstated, but it requires submitting a reinstatement application and paying all associated fees (the reinstatement fee + annual report fees due) at the time of submission.
  • For the 2023 calendar year, the last day to pay by check is September 15th.  You may pay by credit card through 5:00pm EST, September 22, 2023.

If my business has closed, do I still need to file the annual report?

No. You do not need to file the annual report if the business has closed.

How long does it take for my annual report to post on SunBiz?

  • Filed online with a credit card: Reports are processed and posted immediately.
  • If paying by check or money order: Your document will be processed in the order it was received.

Can I make changes when I file my annual report?

Yes, the annual report allows you to:

  • Add, delete, or change the names and/or addresses of the officers, directors, managers, authorized members; and make changes to addresses only for any general partners.
  • Change the registered agent and registered office address.
  • Change the principal office address and mailing address for the business entity.
  • Add or change the federal employer identification number.

NOTE: The annual report does not permit you to change the name of your business. To change the name, download and complete the appropriate amendment form. Mail the completed form with payment to the Division of Corporations.

How do I make changes if I have already filed this year’s annual report?

  • If the entity is a corporation or LLC, you may file an amended annual report.
    • Profit or Non-Profit Corporation: $61.25
    • Limited Liability Company: $50.00
  • If the entity is a limited partnership or limited liability limited partnership, download and complete an amendment form. Mail the form and fee to the Division of Corporations.

How do you sign the online form?

  • Typing your name in the signature block is sufficient pursuant to s.16, F. S.
  • Electronic signatures have the same legal effect as original signatures.
  • Typing someone’s name (signature) without permission constitutes forgery.

Can I get a copy of my filed annual report?

Yes. Once the annual report has been processed and posted, you can download an image of the report free of charge.

15Feb 2023

Unlawful Detainer Action in Florida – Removing Unwanted Guest, Family or Friends from you Property

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An unlawful detainer lawsuit is a type of legal action that allows landlords in Florida to regain possession of their property from invited guest, relative, former significant other such as a ex-boy friend or ex-girl friend who have stayed past their welcome, despite being told by the property owner that it’s time for them to leave. This type of lawsuit is often initiated when a tenant remains living at the property or premises even after they’ve been asked to leave. Normally in unlawful detainer actions there was never a written Lease Agreement or other written instrument commemorating any agreement whereby the guest/tenant was given authority to move into the property.  Unlawful detainer lawsuits are common in Florida and are governed by Florida Statute § 82.

In Florida, an unlawful detainer lawsuit is also often incorrectly referred to as an eviction lawsuit, because many of the procedures are similar and both by law are supposed to be handled by the courts in expedited manner provided for by special summary administration rules.  The landlord must first provide the tenant with a very specific notice to vacate the property as provided for by Florida Statute.  [If you need help preparing one of these Notice, please contact our office at: (678) 596-4529, for help].  This notice must be in writing and specifically notify the tenant that the property owner is requesting that they leave/vacate the property.  If the tenant refuses or fails to vacate the property within the time frame specified in the notice, the landlord can file an unlawful detainer lawsuit with the courts ultimately seeking a Final Judgment directing the Clerk of Courts to issue a Writ of Possession, forthwith.  The Landlord/Property Owner wants to always make sure, that your Final Judgment includes the language “forthwith” or the Clerk of Courts may delay issuing the Writ of Possession.

Once the Unlawful Detainer lawsuit has been filed, the court will set a date for a hearing. The hearing will allow the landlord and the tenant to present their case before a judge. The judge will then make a determination based on the evidence presented at the hearing.

If the judge rules in favor of the landlord, the tenant will be given a specific amount of time to vacate the property. If the tenant fails to vacate the property within the allotted time, the landlord can then request a Writ of Possession.  A Writ of Possession is a document issued by the Clerk of Courts and directs the Sheriff of the County to remove the tenant and their personal property from the premises.

It is VERY important to note that in Florida, a landlord cannot use self-help to remove a tenant from the property.  This means that the landlord cannot change the locks, turn off the utilities, or take any other actions to force the tenant to leave the property.  If the landlord engages in these types of actions, they may be subject to legal action and may be required to pay damages to the tenant.

Unlawful detainer lawsuits can be complex and can involve a significant amount of time and resources. Landlords who are considering filing an eviction lawsuit should consult with an experienced attorney who can guide them through the process and ensure that their legal rights are protected.  Additionally, tenants who are facing an unlawful detainer lawsuit should also seek legal advice to ensure that their rights are protected.

In conclusion, unlawful detainer lawsuits are a common legal action in Florida that allows landlords to regain possession of their property from invited guest who remain in the property after the property owner/landlord ask that they leave.  The process involves providing the tenant with a notice to vacate, filing an unlawful detainer lawsuit in court, and presenting evidence at a hearing.  If the judge rules in favor of the landlord, the tenant will be given a specific amount of time to vacate the property. Unlawful detainer lawsuits can be complex and should be handled by experienced attorneys to ensure that the legal rights of all parties are protected.   If you need help removing a person from your property whom has out stayed their welcome, please call our firm at: (678) 596-4529.

15Aug 2019

Unlawful Detainer Action – My Friend Refuses to Move Out of my Property – What do I do?

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An old friend of yours recently lost their home and needs a place to stay. Feeling sympathetic, you generously invite them to stay with you at home or property rent free or with a small/de minimis contribution towards monthly expenses.  Everything goes smoothly for a couple weeks or months, but you eventually realize they’ve become a problem guest or simply worn out their welcome.  For example, they’ve begun leaving the house a mess, running up your utility bills, arguing with you, and disturbing your neighbors. Alternatively, maybe you’re no longer significant others/lovers, and having your ex-boyfriend or ex-girlfriend live with you is awkward.   You’ve asked them to leave, and they’ve made little or no effort to find their own place.  Finally, you demand that they leave, but they refuse.   What now?

Although this scenario may sound unusual, it is more common than you think and does not only involve guests or friends. Seniors sometimes find themselves in these situations when they invite or allow an adult child who has fallen on hard times into their home or property.

Typically, the police are unwilling to intervene once a guest has been living at your home or property for an extended period and established signs of residency–such as having all his possessions in the home or having his mail delivered to your address. The police will advise you it’s a “civil matter” and you’re going to have to file a civil lawsuit. 

What kind of lawsuit do you file? 

If your guest has been staying at your home or property and there is no lease/rental agreement, and have not been paying rent or only paying a small/de minimis amount, then an Eviction Action is not the proper form of lawsuit. Evictions are to remove tenants, and a guest is not a tenant as long as they have not paid rent or any other regular amounts for the right to stay in your home.

Assuming your guest has been staying for free, some people may advise you that an ejectment is the proper lawsuit. However, ejectment is ordinarily used to resolve disputes over title to property, and clearly, your guest has no claim of title. Not to mention, ejectments can take months to resolve. There is a better and quicker way to address your problem.

Florida Statute Chapter 82, provides for an action called, “unlawful detainer.” [See link attached for pdf copy of 2019 version of Florida Statute Chapter 82]  A person is unlawfully detaining property if they were invited in by a legal possessor but refused to leave once the invitation was withdrawn. Although unlawful detainer is not the same as eviction, it is governed by the same special rules of procedure and moves through the courts quickly on an expedited basis.

To win the unlawful detainer, you will have to prove the following:

  • that you had the legal right to occupy the property;
  • that you invited the guest in;
  • that you later asked the guest to leave; and
  • that the guest refused to do so.

It is important to remember that if a guest has regularly made payments to you–such as rent or sharing the electric bill–they may be able to legally establish a tenancy and defeat your unlawful detainer, forcing you to re-file your lawsuit as an eviction.

01Mar 2019

What do I do if my tenant is not paying rent?

Eviction, Landlord, Tenant, Uncategorized

What do I do if my tenant is not paying rent? Post a three (3) day notice!

Presuming that tenant is under a traditional lease and pays rent on a monthly basis, the first thing to do is post a three (3) day notice!  This is how to official inform the tenant that they must pay rent, or you’re going to take legal action to evict them.  Florida law states that right to notice, cannot be waived in the lease, and this three (3) day notice period, also known legally as a “right to cure” period needs to be handled properly, or it can cause you a world of problems down the road if you wind up needing to file an eviction action.     

One of the specific and most important elements of a proper and effective three (3) day notice, is making sure that it contains very specific statutory required language.   If you’d like assistance preparing a three day notice, that contains the required language, simply contact this office and we’d be happy to help. If you decide to do it your self, make sure to be careful, there is a mine field of potential pitfalls that can cause problems down the road.  

A common pitfall is failing to properly calculate the correct three (3) day notice time period.  Make sure to give the tenant three (3) full business days to pay/cure their default, and the date that the notice is posted does not count.  Business days means that holidays and weekends do not count in the calculation either.  If you have specific questions, please feel free to call and we’d be happy to walk you through the eviction process.       

The information above is for general information purposes only, and shall not be construed to create an attorney client relationship.  It is highly recommended that you retain an attorney to assist with your specific situation, so that they can tailor a strategy to properly deal with your specific case. 

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