Skip to menu
Skip to content
The Yau Law Firm
Focused on Protecting Businesses and Representing the Injured

Join Us at the Jacksonville Communities Fighting Addiction Rally

At the Yau Law Firm, we meet individuals who, because of auto accidents, suffer from every day physical pain. With this experience, the health and well-being of our clients, friends, and the community are always on the forefront of our minds. We want to take a special moment to bring awareness about drug and alcohol addiction. We would like to invite each of you to join us at the Jacksonville Communities Fighting Addiction Rally, which will take place this Saturday at the Sea Walk Pavilion in Jacksonville Beach.

The event is hosted by Sober Living America, and will include a fun 5k walk and 1 mile run. There will also be carnival games, live music, prizes, and much more.


  • Date: October 4, 2014; Saturday
  • Time: 7:00 AM until 2:00 PM
  • Place: Sea Walk Pavilion at the Jacksonville Beach
We will be in attendance at a booth. Please swing by to say hello and take part in the rally! For more information about the event or about personal injury, feel free to contact us! Our personal injury consultations are always complimentary. To sign up for the 5k walk or run, visit this page:

Accident Reports are Not Admissible in Court Against You

It is a common occurrence that traffic accidents happen. Whether it was your mistake or not, if you received a traffic citation, understand that not all is lost. Many people come to us at the Yau Law Firm asking whether they should just pay the ticket–after all, the traffic report says they are at fault. Although it will always be our client’s choice as to how to dispose of the unfortunate situation, we highly advise against paying the ticket or handling the matter without first consulting an attorney.

What are accident/crash reports?When 9-1-1 or other law enforcement are called to the scene of a traffic accident, typically, the law enforcement officers will create a “journal” of the events that transpired. The information contained in the crash reports include the name of the drivers of each vehicle involved, including motor vehicle insurance information; the model and make of each vehicle involved, the time and date of the crash, whether any emergency medical personnel was called to the scene, whether any driver received a traffic citation, and sometimes a determination of fault. Many assume that these crash reports would be referenced during a trial or court hearing to determine fault. In fact, it is not admissible as evidence.

Florida Statute 316.066 states that Florida Traffic Crash Reports “may not be used as evidence in any trial,” whether it is a civil trial (such as a trial for a civil traffic infraction, or even a lawsuit for personal injuries) or a criminal trial (such as DUI’s). This law, however, does not prevent an officer from being able to testify in court about statements you made to him or her at the scene of the crash.

If you received a traffic citation, or you would like more information about traffic crash reports and personal injury claims, give us a call today. Attorney’s fees for traffic citations start at $69 flat rate, exclusive of costs (if there are any). Our consultations for personal injury claims are always free and complimentary.

Yau Law Firm goes to the National Rugby Championship Game Hosted by Jacksonville Axemen


At the Yau Law Firm, we are a big fan of sports. After all, we are attorneys who represent athletes and sport teams in business negotiations and licensing agreements. But, we love seeing a good show, and that is what we saw at the National Rugby Championship game on August 23, 2014, hosted at the University of North Florida by the Jacksonville Axemen.

The Yau Law Firm has assisted the Jacksonville Axemen in business and trademark representation, and to this date, the Axemen have become a well known team in the community. Started in 2006, the Jacksonville Axemen quickly rose to success as an expansion team of the American National Rugby League (“AMNRL”), and in 2010, won the AMNRL Championship. The Jacksonville Axemen have hosted various national and international rugby events, including the 2014 National Championship between the New Zealand Thunders and the Presidents Barbarians.

The Yau Law Firm was a sponsor at the National Championship and brought a sideline reporter to the game. The rugby match can be seen on CW 17 Jacksonville, and around on the world on Live Stream.

To find out what we can do for you or your team, give us a call today!

A Monkey’s Selfie in the Forest turns into a Copyright Debate

There is nothing more entertaining at the Yau Law Firm than stumbling upon a fun intellectual property question: If a monkey takes a picture of itself–a”selfie”–in the forest, does it own the copyrights to those photographs? According to British photographer, David Slater, it should. Back in 2011, Slater traveled to Indonesia to photograph the Celebes crested macaque, a type of primate with a long snout and auburn-reddish eyes. During the trip, one of the monkeys took off with Slater’s camera and snapped hundreds of photos, a few of which turned out to be beautiful self-portraits made viral on Wikipedia (see the link here).

Despite Slater’s numerous requests to Wikipedia to remove the photographs, Wikipedia refused and defended its position, stating that the photographs are uncopyrightable under US Copyright laws. Wikipedia argued that the photograph belongs in the public domain because animals cannot own copyrights. This argument is in line with the Copyright Compendium II section 202.02(b): “The term “authorship” implies that, for a work to be copyrightable, it must owe its origin to a human being. Materials produced solely by nature, by plants, or by animals are not copyrightable.”

Under copyright law, generally, the creator of the intellectual property is the owner and holder of the copyright. But, in this scenario, Slater did not click the shutter. The monkey did.

Slater states that this issue has caused a financial problem for him, given that he was financially invested in the production of the photographs: he spent approximately £2,000 on the trip to Indonesia, another £5,000 on the equipment, and prior to Wikipedia posting the photographs, was earning quite a bit of money selling these photographs.

To find out more about copyright laws and how ownership of copyright can boost your business value, contact us today!

Multiple-Car Crash: How to Handle your Personal Injury Claim

As Jacksonville personal injury attorneys at the Yau Law Firm, it is not uncommon for us to consult with injured claimants who were involved in a car accident with multiple cars. Sometimes, our claimants were stuck in the middle of the crash, and they are confused about asserting any personal injury claims. Most believe that because they received a traffic citation, all hope is lost at recovering for medical expenses and lost wages. But, this is not the case.

The first thing to do after the accident is to seek medical treatment and evaluation. Under Florida’s new insurance law (Personal Injury Protection or PIP Law), all injured parties must seek treatment within 14 days of the car accident, or else lose their no-fault medical benefits. This is particularly important because only a licensed physician, defined by the new law, can determine whether the injured claimant is entitled to the full $10,000 in medical benefits or $2,500 in medical benefits.

The next thing to do is to fight that traffic citation. Do not pay that ticket! Paying the ticket is an admission of guilt and will become a conviction on your driving record. Not only can this increase your insurance premium, it can devastate your personal injury claim! An admission of guilt is admissible in court, and can be used against you should one of the drivers file a law suit against you. Additionally, it can render your own claim against another driver powerless.

To find out more about your options, contact us today for a free consultation. We are your Jacksonville personal injury attorneys!


Tesla Faces Trademark Battle in China

The internet is abuzz with news of Tesla Motors, an American company that makes electric cars, battling a trademark lawsuit in China against businessman, Zhan Baosheng. The luxury electric-car maker is being sued in China for trademark infringement; Zhan is claiming that he owns the trademark over “Tesla” in English and the Chinese translation. According to Reuters, Zhan received registration of the trademark in China as early as June of 2009. Tesla, who began selling and manufacturing its vehicles in China as early as August of 2013, has attempted to resolve this dispute by offering to buy the name from Zhan. But, the negotiations failed, and Zhan is demanding 23.9 million yuan (or $3.9 million dollars) in payment and that Tesla cease all business and marketing efforts in China.

Prior to entering the Chinese market, Tesla understood the legal hurdles it must jump through, including Zhan’s stake over the trademark. But, Tesla is confident that the case is without merit, considering that in July of 2013, the SAIC’s Trademark Review and Adjudication Board in China complied with Tesla’s request to have Zhan’s trademark revoked. Zhan is currently seeking an appeal.

News of the lawsuit has brought on quite the internet rage: some have called Zhan a trademark troll, while Tesla stated that Zhan’s stake over “Tesla” is nothing less than theft. From the news, it is unclear to us whether Zhan is actually using “Tesla” in commerce, which is a necessary element in trademark claims in the United States. Nevertheless, we are interested in seeing the outcome of this intellectual property debate and hope that it will not hinder any commercial efforts of Tesla in any country.

Do you have a business? Consider trademarking! Give us a call today to discuss all things related to protecting your intellectual property.

Medical Evaluations for Personal Injury Claims

Photo by Hyena Reality

Getting into a car accident is a terrifying ordeal. At the Yau Law Firm, we are Jacksonville personal injury attorneys, and we have met several injured claimants who feel that they are unable to see a doctor because of a lack of health insurance. Most injured claimants do not know that they are in fact covered for medical expenses by their own auto-insurance. In Florida, all drivers are required to possess financial liability with Personal Injury Protection (PIP) coverage. This means that if you own automobile insurance in Florida, you are already paying for $10,000 of medical benefits in PIP, whether or not you use it.

Since the new changes to the PIP law back in 2013, all individuals involved in a car accident (regardless of fault) may access their PIP medical benefits provided that they seek medical treatment within 14 days of the accident. Oftentimes, those involved in a car accident feel that medical attention is unnecessary, or that they can treat their pain through holistic measures at home. The problem with this approach is that the injured claimant may (1) give up all of his/her PIP medical benefits and (2) misdiagnose the severity of his or her injuries. Personal injuries sustained from an auto crash do not necessarily manifest themselves immediately. This is why it is vital for every patient to seek medical evaluation from a medical doctor immediately after the crash.

The new law also requires that a medical doctor, or some other licensed physician defined by the PIP statue, evaluate the patient to determine whether or not an emergency medical condition exists. Going to the emergency room or calling an ambulance from the scene of the crash does not automatically mean that the person is suffering from an emergency medical condition. Rather, the doctor must make the determination. Oftentimes, the existence or nonexistence of an emergency medical condition is written into medical records or on a form. If a licensed physician determines that the claimant suffers from an emergency medical condition, then his or her PIP insurance will cover 80% of the medical bills up to the full statutory limit (which is $10,000.00). If not, the claimant is entitled for insurance coverage of 80% of the medical bills up to $2,500.00.

If you are involved in an auto-accident, give us a call today to schedule a free consultation. We are your personal injury attorneys in Jacksonville!

Why You Should Consider Trademarking Before Naming Your Business

photo by Kasahasa

At the Yau Law Firm, we see business owners at various stages of their business. Most often, we meet people who are starting a new company or creating a new product. In addition to offering our business services, such as incorporating, filing non-profit status, and franchising, we always suggest our clients to think about trademarking. Now, it may not make sense to a new business owner to think about trademarking when the business has yet to enter commerce, but there truly is no better time to think about trademarking than at the very beginning. The worst advice anyone has ever given to any new business owner is that “re-naming your company is a simple thing.”

Imagine being in business for about two or three years, and after all the hard work, you received a cease and desist letter from another company demanding that you cease selling your product or services under a trademark that is confusingly similar to theirs. After speaking with your attorney, you learned that the most cost effective way to settling the dispute is simply to comply with the letter (litigation in federal court is very costly). So, for the next several months, or even up to a year, you worked on re-branding your company and product. To re-brand, you had to destroy all product packaging (or even products for that matter) bearing the registered trademark; you had to re-print and re-label all of your goods; you had to relinquish control over your web domain name that contains the registered mark; you had to inform everyone on Facebook, Twitter, and any other social media site about your name change. You may also lose a chance at franchising your business because no one wants to buy into litigation–particularly if the brand is not yours to begin with. In fact, if you did sell product or conduct services commercially using the registered trademark, the other company may even demand money damages. At the end of it all, you would have lost thousands, if not tens of thousands of dollars in re-branding–and this is not including your company’s goodwill lost from years of hard work in networking and marketing. Now, compare that cost to the cost of a simple trademark search.

At the Yau Law Firm, we always recommend our clients to do a trademark search before filing an application to register their trademark. Our trademark searches show us (1) whether the mark is being used at all, and (2) whether the mark is being used by a competitor selling similar goods and services. The search is helpful to determine your chances of success in getting the trademark application registered. But, it does more than that. Searches also tell our clients whether it is likely that their new brand is going to clash with someone else’s. When searches yield a green light to our clients, our clients then move forward with conducting their business and getting a trademark registered.

While it is true that the federal trademarking office requires that your trademark be in interstate commercial use by the time you file an application, you may still file an application even before your products or services have been rendered in commerce across state lines. How is this possible? The federal trademarking office allows one to file an application claiming that they intend to use the trademark, but have not yet. This then gives the filer a period of approximately six months to prove actual use of the mark.

Whether it is filing an application for a trademark, responding to office actions, or counseling clients on a trademark research, we are available for your business needs. Give us a call today to find what we can do for you!

Car Accident? Consider Options before Self-Treating

Photo by Stockimages

Getting into a car accident is a terrifying ordeal. At the Yau Law Firm, we have met various personal injury claimants who are anxious about seeking medical treatment. Oftentimes, they believe that their injuries are not serious, and that any soreness they feel can be treated with home remedies. But, a few weeks later, they notice that the pain is either getting worse, or that the home remedies are not effective. By the time they seek the help of a medical professional, they already lost all of their no-fault medical benefits. At this point, medical treatment would have to be paid out of pocket or from health insurance.

Florida’s Personal Injury Protection statute (PIP) requires that all injured individuals of a motor vehicle accident seek medical treatment or diagnosis no later than 14 days after the accident, or risk losing all of their no-fault medical benefits. Each driver in the state of Florida is required to possess car insurance with no-fault coverage. This means that if one were to get into a car accident, regardless of fault, the driver’s insurance can help pay for 80% of the claimants’ medical treatment up to a set amount ($2,500 for those diagnosed with non-emergency medical conditions and $10,000 for those diagnosed with emergency medical conditions). Most drivers in the State of Florida do not even know what this no-fault coverage is!

Oftentimes, right after a crash, the claimants do not immediately feel any pain. So, any soreness or pain developed overtime is overlooked. It is always a good idea to document any pain felt–no matter how big or little–and promptly seek medical treatment within 14 days of the crash. It is always best to adhere to the advice of medical professionals who may consider at-home treatments and remedies in conjunction with medical treatment.

If you are a victim of a car crash, give us a call today for a complimentary consultation. We are here to help!

Documenting Pain from Personal Injury

At the Yau Law Firm, we have met various people whose lives have turned upside down because of personal injuries received from car accidents and others’ negligence at work. These are hard working men and women who now must rely on crutches, medication, and oftentimes the help of other people to move forward in life. Yet, unsurprisingly, these victims are often questioned about their pain–as though it was not as serious as what the victim claimed to be, or the pain/injury did not exist.

To defeat the belief that personal injury claimants are simply “making up” the injuries or that the claimants are “pretending” that the injuries are worse than they appear, we have counseled claimants to document their pain. From writing in a journal to video taping their day-to-day struggles, these pieces of evidence become crucial. In fact, many people who recognize the importance of such evidence have started to use Google Glasses as a way to document their struggles (from a first-person point of view).

Whatever the injury, no matter how large or small you may think it is, it is vital to document it and inform your physician about it! If you have any questions about personal injury cases, or what it is that we can do for you, contact us today!

Next Page »