Some people believe that intellectual property laws don't really apply on the internet but, as a recent case reminds us, that's not true.* While attending his friend's wedding at the Trump National Golf Club, Jonathon Otto caught sight of an uninvited guest. He pulled out his iPhone and snapped a photo of the wedding crasher - President Trump - with [...]
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 CybersquattersWhile there are numerous reasons to register your mark as soon as possible, one of the more significant is that it's much easier [...]
The Right of Employees to Share Compensation Information The National Labor Relations Board (NLRB) recently confirmed that, although it has become more employer-friendly under the current administration, its position about employees having the right to discuss their "terms and conditions of employment" with one another, including their pay rate and benefits, has not changed. These rights apply to both unionized [...]
US Supreme Court to Consider Registration of Vulgar Trademarks The US Patent & Trademark Office ("PTO") refused to register the mark FUCT for use in connection with clothing based on the obvious similarities with the "F-word," because Section 2(a) of the federal Trademark Act provides that registration can be denied to any mark that "Consists of or comprises immoral, deceptive, [...]
This year, New Year's Day brought more than resolutions, football games and hangovers: on January 1st, an unprecedented number of works previously protected by copyright entered the public domain. The 1998 Sonny Bono Copyright Term Extension Act added an additional 20 years to existing copyrights, so although works first published in 1922 entered the public domain in 1998, it is [...]
Employment Laws A number of important employment laws take effect on January 1, including Washington's Paid Family and Medical Leave Program, Arizona's "mini-COBRA" law, and California's law protecting sexual harassment victims and employers from defamation claims. In addition, full enforcement of Oregon's Equal Pay Act of 2017 and Oregon's predictive scheduling law begins next Tuesday. If you haven't already determined [...]
With thanks for all your kindness and support in 2018 after our devastating fire. We hope to be back in our normal quarters early next year. We wish you joy and happiness this holiday season and all the best for 2019. From all of us at The DuBoff Law Group
Last month, the Girl Scouts of the United States of America ("GSUSA") sued the Boy Scouts of America ("BSA") for trademark infringement in federal court in New York. The two organizations have co-existed for more than 100 years, both using the marks SCOUT, SCOUTS, and SCOUTING, one in connection with programs for girls and one in connection with programs for [...]
As discussed in a previous alert, full enforcement by Oregon's Bureau of Labor and Industries (BOLI) of Oregon's Equal Pay Act of 2017 will begin January 1, 2019. Last week, BOLI issued its final administrative rules for this law, which prohibits Oregon employers from paying employees who perform "work of comparable character" different pay rates because of their race, color, [...]
Company-sponsored parties are a fun way to build employee morale during the holiday season, but, if you're not careful, they can also result in significant liability. Potential claims include those for sexual harassment, discrimination, and overtime pay. Worse still, you may find your business is liable for an employee's behavior after the party, such as when an employee who becomes [...]
