Businesses often want to have a slogan that describes what they’re selling, but in order to be protectable as a trademark, the slogan has to be “distinctive.” That is, it must be used to identify the source of the product or service. If it does not, the slogan “fails to function” as a mark. The Trademark Manual of Examining Procedure [...]
In the US, copyright protects “original works of authorship fixed in any tangible medium of expression,” but is a work that moves “fixed” for purposes of the copyright law? Earlier this year, the US Court of Appeals for the Ninth Circuit held that these types of sculptures can be considered to be "fixed" under the Copyright Act. The plaintiff in [...]
The Corporate Transparency Act Last Sunday, the US Department of the Treasury announced that it will not be enforcing the beneficial ownership information reporting requirements of the Corporate Transparency Act (CTA) as previously planned. According to a press release, it will not enforce any penalties or fines against US citizens or domestic reporting companies or their beneficial owners. Instead, it [...]
The Corporate Transparency Act Reporting Requirements Are Back The Financial Crimes Enforcement Network (FinCEN) recently announced that the beneficial ownership information reporting requirements of the Corporate Transparency Act (CTA) are back in effect after a number of court challenges to the law. The CTA was enacted in 2021 to help combat money laundering, tax fraud, and financing of terrorism. Under [...]
Last week we explained what trade secrets are and how businesses should protect them. Now we’ll address what to do if your trade secrets are misappropriated and how to avoid misappropriating others’ trade secrets. Applicable Laws Both state and federal laws provide remedies for those whose trade secrets are misappropriated (wrongfully taken or used). State laws typically allow trade-secret owners [...]
One of the most valuable assets a business has may be its trade secrets. A trade secret is anything that (i) gives a business a competitive advantage, (ii) has been and continues to be treated as a secret by that business, and (iii) is not generally known in the trade or readily discoverable through public sources. Virtually every business has [...]
Last month, the US Copyright Office issued a new report on artificial intelligence (AI) and copyrightability. As it did in its previous report on AI, which addressed digital replicas (the use of digital technology to realistically replicate an individual’s voice or appearance), the Copyright Office points out that copyright protection is reserved for works of human authorship. According to this [...]
When negotiating or reviewing a contract, you might come across some terminology you don't recognize. Some of the legal terms you're likely to encounter in connection with contracts are: Breach of Contract A breach of contract occurs when one party fails to comply with the terms or conditions of an agreement. Depending on the type and significance of the breach [...]
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 could even lose the case as a result of your failure to preserve evidence. How do you know when “litigation is reasonably anticipated?” While there are some grey areas, the filing of [...]
The US Equal Employment Opportunity Commission (EEOC) has issued new guidance on employers’ use of wearable technology for its staff. In recent years, some employers have begun requiring employees to wear smart devices such as watches or rings that track their activities and monitor their physical or mental condition in the workplace, smart glasses or helmets that measure the brain’s [...]
