To be protectable, a trademark must be “distinctive.” This means it must be used to identify the source of the product or service. Courts classify marks into categories of distinctiveness. The most distinctive marks are those that are arbitrary or fanciful. Examples include EXXON for gasoline and APPLE for electronics. Suggestive marks, those that require some imagination to determine the [...]
Update on EEOC COVID-19 Guidelines This week, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. Among other things, the revised guidance addresses possible reasonable accommodations for employees with “long COVID” (also known as "Post-COVID Conditions”), linking to a longer list posted [...]
When putting together an estate plan, trusts are commonly brought up as an alternative or complement to wills. One of the greatest benefits of trusts is avoiding probate, the court process of administering a deceased person’s estate, which can be long and costly depending on the make-up of the estate and the location where the deceased person resided. Other benefits [...]
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 [...]
The law is very nuanced and constantly changing. One of the hardest tasks for an attorney is not only keeping up with the changes but actually understanding them and applying them to the specific circumstances unique to each of their clients. AI tools are far from capable of doing this, at least at present. ChatGPT acknowledges these limitations itself, or [...]
In recent weeks you may have seen news about Artificial Intelligence (AI) tools like OpenAI’s ChatGPT and Google’s Bard. You may have even tried them out for yourself. These tools allow users to have a human-like conversation with AI in a chat window that can answer questions and assist with tasks like composing emails and essays, as well as more [...]
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 [...]
The US Copyright Office recently published guidance describing when the copyright in works created using artificial intelligence (AI) can be registered. It has long been held that copyright protects only works created by humans. The new guidance clarifies that, while this remains true, in some instances, the copyright in works created using the assistance of AI can be registered. In [...]
Nearly every business has some form of intellectual property (IP). While it is an intangible asset, in many cases intellectual property is more valuable than tangible assets such as equipment and inventory. Copyrights Copyright protects original creative works, such as artwork, literary works, musical and dramatic works, software, sound recordings and motion pictures. Although a protectible work is automatically copyrighted [...]
Expansion of Rights for Pregnant and Nursing Workers Late last year, President Biden signed into law the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA). The PUMP Act takes effect April 28, 2023, and applies to both exempt and nonexempt employees. Under this new law, employers must provide all nursing mothers [...]
