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 [...]
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 [...]
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 [...]
Choosing a trademark may be more difficult than you think. You might be focusing on the catchiness of the name, but there are legal considerations that should be considered as well, such as the possibility of infringing some other trademark. People often think that if they aren't aware of anyone else using the same trademark, it's okay. They may rely [...]
Do You Own the Copyright in Your Logo? You might not realize that your logo may be protected by both the copyright and trademark laws. A case filed last month provides a good reminder to be sure you own all necessary rights. Earlier this year, SweetWater Brewing Co. sued Ray "Scott" Fuss, the artist who created its rainbow-trout logo, in [...]
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 [...]
Oregon Employment Laws that Took Effect on January 1 The following is a brief summary of some of the new employment-related laws passed by the Oregon legislature. • The Creating a Respectful and Open World for Natural Hair Act (CROWN Act) prohibits employers from discriminating based on physical characteristics historically associated with race. This includes hair texture and protective hairstyles. [...]
This year, New Year’s Day brought more than resolutions, football games and hangovers: on January first, thousands 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 works first published in 1926 are entering the public domain. Once a work becomes part of [...]
It is believed that either Benjamin Franklin or Mark Twain said “Nothing is certain except for death and taxes.” Not having appropriate estate planning documents to address both of these certainties is a mistake. The fact is that we don't know when we're going to die. If you die unexpectedly and your estate planning documents are out-of-date, confusing, or nonexistent, [...]
The coronavirus-relief and spending bill signed into law on December 27, 2020, included numerous revisions to the intellectual property laws. Many of these revisions recently took effect. Trademark Modernization Act The Trademark Modernization Act made a number of revisions to the processes of the Patent and Trademark Office (PTO) and the Trademark Trial and Appeal Board (TTAB). Regulations implementing this [...]
