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Kevin Michael Strait

Kevin Michael Strait

Attorney in Fort Collins, Colorado
  • Arbitration & Mediation, Business Law, Estate Planning ...
  • Colorado
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Education
Regent University School of Law
J.D.
Regent University School of Law Logo
Virginia Commonwealth University
B.S. | Physics
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Professional Experience
R&D Engineer
Afton Chemical Corp.
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Publications
Articles & Publications
Patent: US9340746
USPTO
Patent: US8490471
USPTO
Certifications
Advanced Ground Instructor
Federal Aviation Administration
Locksmith & Electronic Security Consultant
Department of Criminal Justice Services (Virginia)
Private Pilot License
Federal Aviation Administation
Professional Associations
State Bar of Colorado
Member
Current
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Lawyer-Pilot Bar Association
member
Current
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International Air & Transportation Safety Bar Association
member
Current
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Fort Collins Chamber of Commerce
Member
Current
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Denver Bar Association
member
Current
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Colorado Pilot's Association
Member
Current
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Aircraft Owners and Pilots Association
Member
Current
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Jurisdictions Admitted to Practice
Colorado
Colorado Supreme Court
ID Number: #56689
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Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Practice Areas
    Arbitration & Mediation
    Business Arbitration, Consumer Arbitration
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Intellectual Property
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Trademarks
    Trademark Registration
Additional Practice Area
  • Aviation Law
Languages
  • English: Spoken, Written
Legal Answers
Q. Hi there. This is a Colorado question. General or durable financial POA. Thank you kindly!
A: In Colorado, a general power of attorney (PAO) gives broad powers to the "agent" allowing the agent to do things on behalf of the "principal". Common tasks are financial transactions, real estate transactions, paying bills, opening mail, and signing documents. The agent only has the powers given in the POA; sometime the POA will give narrow powers (like only for paying bills) or time-limited powers (like only while the principal is out of the country). If the POA is very short and gives no limits, the power is pretty universal. However, any POA no matter how broad only allows the agent to do things that are in the best interest of the principal. The agent has to benefit the principal (or at least try) and cannot use the POA for the agent's personal gain. Using a POA at a bank or insurance company can be difficult. Some banks and insurers want to be sure the POA is still in effect. To be sure the POA is not repealed or superseded, the bank or insurer might ask for a notarized copy of the POA with a very recent notary date. Or they might ask for a letter, signature, and notarization from the principal stating that the POA is still good. In the alternative, the agent under a POA might have better luck contacting the bank or insurance company's legal staff to assert the rights of the POA. Bypassing the front-line customer service folks might overcome the institutional resistance to recognize POAs. Generally, yes the holder of a unrestricted POA can call the insurance company of the principal and transact any business or ask questions. If you are stuck, call an attorney that does estate planning or elder care law. Both areas of practice work with POAs and insurance companies all the time.
Q. Can I raffle off a Colorado business that holds a 19 acre track of land in Colorado?
A: Holding a raffle in Colorado is a regulated activity and requires a license issued by the Charitable Gaming Section of the Secretary of State’s office. A raffle can only be conducted by a legitimate, registered charity with an active non-profit registration in Colorado. In fact, the charity must have been in continuous operation, and in good standing, for the past 5 years in Colorado before a license application for a raffle will be considered. While raffle licenses are regularly issued by the Secretary of State, if the organizer is not a well-established charity as mentioned above the raffle is simply out of the question. Take a look at https://www.sos.state.co.us/pubs/bingo_raffles/files/PlanningARaffle.pdf A registered charity or non-profit organization in Colorado that does not qualify for a raffle license might consider holding a silent auction. Colorado Revised Statutes § 6-16-101 et seq. addresses the various fundraising methods a Colorado charity might use. A silent auction, conducted correctly by a Colorado charity or non-profit, would not require a raffle license.
Q. I'd like to get any info on how should I act not to violate design rights.
A: Football logos are protected by trademark law. Trademark protection is recognized in the first user of the logo to associate the logo with good or services in a marketplace. The protection of that logo is automatic, but limited. For a larger set of legal protections, the logo owner should register the trademark in the federal registration system (part of the US Patent and Trademark Office). There are state-level trademark laws, but they are likely not your main concern. All major NFL teams have protected their team names, logos, and branding with federal trademark registration. There are two major parts of this protection; unless you hold official rights (called a "license") to that team name, logo, or branding, you cannot (1) use that logo or branding on any goods or services restricted in the trademark registration, and (2) use that logo or branding in any way that is likely to cause confusion in the marketplace. The confusion this law references is confusion about the identity of the seller of the goods. If the public might be confused that your NFL-themed goods are actually sold by the NFL team itself, then you cannot use that logo or branding. Take a look at the registration for a particular sports team in Baltimore. Look up federal trademark serial number 76035798. It is protected in four classes of commerce: one class for posters, trading cards, stickers, and memorabilia; one class for clothing like printed t-shirts; one class for toys, stuffed animals, and footballs; and one class for "arranging and conducting athletic competitions, namely, professional football games and exhibitions." This may sound like you could use the same log for a different purpose, like a brand of food or a brand of paint. But even if you avoid direct infringement on these protected cases of commerce, the use of a common and recognizable logo will create the likelihood of confusion problem mentioned earlier. This rule is well established in a court case called In re E. I. du Pont de Nemours & Co, 476 F.2d 1357 (1973). A similar case involving Shell Oil 992 F.2d at 1207 (1989) stated "If the [trade]marks of the respective parties are identical or virtually identical, the relationship between the goods and/or services need not be as close to support a finding of likelihood of confusion as would be required if there were differences between the marks." That is why the use of the same logo or a close look-alike logo borrowed from an NFL team cannot be used on your picture frames. The USPTO protects the registered trademark against likelihood of confusion about the actual source of the goods. Without a license from the trademark holder, your picture frames are limited to artistry that is not likely to make anyone in the public think the goods are a product sold by the NFL team itself.
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Website
Anzen Legal Group
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Anzen Legal Group
3555 Stanford Road
Suite 208
Fort Collins, CO 80525
Telephone: (970) 893-8857