Many small businesses start out as sole proprietorships or partnerships, usually because they’re the simplest to get up and running. For most businesses, though, the small amount of extra time and expense involved in setting up a corporation or limited liability company (LLC) will be well worth it. The most important benefit of doing business as a corporation or LLC [...]
Some of you may know you have common law rights in your protectable trademarks just by using those marks in interstate or foreign commerce, so you might wonder why you should pay for a trademark registration. Protection from Cybersquatters While there are numerous reasons to register your mark as soon as possible, one of the more significant is that it’s [...]
Our office often receives scam trademark and corporate notices through the US Postal Service. Because of the prevalence of such scams, you should always read what appear to be official notices extremely carefully. Scam requests typically look like invoices or letters, often containing false due dates or threats about loss of rights if you do not send payment now. Sometimes [...]
$175 Million Trademark Award After a dispute, Orange Bang Inc. and Vital Pharmaceuticals Inc. entered into a co-existence agreement allowing Vital to use the BANG mark for “creatine-based” products. Vital began selling BANG Energy RTD, a drink that was promoted as containing “super creatine,” and later, BANG Keto Coffee. It also rebranded itself from VPX to “Bang Energy.” Monster joined [...]
Did you know that your failure to retain all relevant materials after litigation is “reasonably anticipated” could result in you being fined or sanctioned by the court? You may even lose the case as a result of failure to preserve evidence. In one cautionary example, a federal court imposed a $10,000 fine on defendants who failed to preserve relevant text [...]
Last year, the US Department of Labor (DOL) collected $234 million in back wages for employees that it determined were not paid in accordance with the Fair Labor Standards Act (FLSA). That law, as well as the laws of most—if not all—states, classifies employees as either "exempt" or "nonexempt" from minimum wage and overtime provisions. Nonexempt employees are entitled to [...]
One of the most valuable assets a business has may be its trade secrets. In fact, this past May, a Virginia jury awarded software company Appian Corp. more than $2 billion in damages in a trade secrets case. The jury found that a competitor, Pegasystems Inc., had misappropriated Appian’s trade secrets. Pegasystems had hired a former developer for Appian, who [...]
Last month, the Equal Employment Opportunity Commission (EEOC) revised its Technical Assistance Guidance for COVID-19 testing and vaccines in the workplace. Initially, the EEOC had stated that testing for SARS-CoV-2, the virus that causes COVID-19, was permissible for all on-site employees because of the pandemic. While the pandemic is still ongoing, EEOC guidance now provides that COVID-19 diagnostic tests (as [...]
Have you conducted an intellectual property (IP) audit in the last year? If not, now is the time to get started. IP includes copyrights, trademarks, trade dress, patents, trade secrets and the like. In fact, it's called intellectual property since it involves products of the mind. An IP audit involves a systematic review of all IP you own, control, or [...]
You may have heard there’s no need to register your copyright, because it’s automatically protected. But this is only half the story—you can’t enforce your copyright without either a certificate of registration or a denial of registration from the Copyright Office. Plus, there are a lot of reasons to register all of your copyrights promptly. 1. If you register a [...]
