A recent decision by the Trademark Trial and Appeal Board (TTAB) serves as a reminder that you must be careful how you use your trademarks in order to protect them. The TTAB agreed with the US Patent and Trademark Office’s refusal to register a cartoonish image of a llama as a trademark for video-game software because the llama design fails [...]
Last year, in Bostock v. Clayton County, the US Supreme Court held that an employer who fires an individual for being gay or transgender violates Title VII of the Civil Rights Act of 1964, which prohibits sex-based discrimination in employment. The opinion, written by Justice Neil Gorsuch, ruled that “[a]n individual’s homosexuality or transgender status is not relevant to employment [...]
If you or your business hire someone to create work for you, for example, to write a blog post, take some photos, compose a jingle, or design a logo, who owns the copyright in that work? The answer depends upon several factors. Generally, the person who creates a work is considered to be the author of that work under the [...]
When reading documents from your lawyer, you may find a number of legal terms that you don't recognize. Some of the legal terms you're most likely to encounter when involved in a legal dispute are: Mediation, Arbitration and Trial Mediation is an attempt to settle a legal dispute with the help of an impartial mediator (or referee), who tries to [...]
Employers Mandating COVID-19 Vaccination and Offering Incentives for Vaccination Last month, the federal Equal Employment Opportunity Commission (EEOC) updated its guidelines relating to COVID-19 vaccines. The guidelines state that the federal equal employment opportunity (EEO) laws permit employers to refuse to allow employees to enter the workplace without a vaccine and to offer incentives to employees who voluntary provide evidence [...]
A business can always tout the qualities of its products or services, but those representations must be true. Most states have consumer protection laws that, among other things, impose fines and other legal sanctions on businesses that engage in misleading advertising. Similarly, the Federal Trade Commission (FTC) polices businesses that are engaged in interstate commerce. If your business activity extends [...]
Two weeks ago, Oregon Governor Kate Brown signed Senate Bill 169, which modifies Oregon’s statutes relating to noncompetition agreements. Minimum Salary Requirement When this new law becomes effective next January, a noncompetition agreement will be void unless the employee makes at least $100,533 a year in gross salary plus commissions. This figure will be adjusted annually for inflation. Under the [...]
You’re angry. Your employer fired you, or your neighbor plays loud music every day, or you slipped walking into the grocery store. Should you sue? Maybe not. Before filing a lawsuit, there are a number of things you should think carefully about, including these risks. 1. No matter how good your case appears to be, you might lose. 2. Even [...]
We frequently get questions from our clients about requests for payment of registration, publication or renewal fees for corporate, domain name and intellectual property filings. Requests may also be received for monitoring fees or the preparation of minutes. The scam requests typically look like invoices or letters, often containing false due dates or threats about loss of rights if you [...]
Earlier this year, we notified you that the US Department of Labor (“DOL”) had published a final rule simplifying the standards relating to the classification of workers as employees or independent contractors for purposes of the Fair Labor Standards Act (FLSA). The DOL has now said that those standards were “in tension with the language and purpose of” the FLSA. [...]
