Choosing a trademark can be difficult. Once you've settled on a mark you think will be good for branding purposes, you still need to consider the legal issues that could arise from your use of the mark. You might already know that if your chosen mark is confusingly similar to a pre-existing mark, your mark will likely be held to infringe the [...]
Section 2(a) of the federal Trademark Act provides that registration can be denied to any mark that "Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute." Last summer, however, in a case involving the Asian-American rock band The Slants, [...]
You may have read news reports about Grubhub winning the lawsuit filed by one of its drivers. The court decided that Grubhub's drivers are, in fact, independent contractors, not employees, but don't let this case lull you into thinking you don't need to worry about classifying your workers properly. Not only was this case decided in California (which may or [...]
A new Oregon law that requires companies to provide additional information when filing documents with the Secretary of State takes effect January 1, 2018. Although this law's primary purpose is to reduce the registration of anonymous shell companies, its requirements will affect all business entities registered in Oregon. Under the new law, a physical street address will be required for the principal office and [...]
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 if you [...]
The amount you can gift during your life or pass to your heirs on your death free of federal gift and estate tax (the "unified credit") is $5.49 million in 2017. You can, however, make "annual exclusion" gifts that will not diminish your credit. These gifts can be of up to $14,000 per person per year, and if your spouse [...]
If your website allows users to post material, such as photos or comments, then you could be liable if that material infringes someone else's copyright - even if you have no idea that the material is infringing. There are, however, some precautions you can take to reduce your risk. To be eligible for the so-called "safe harbor" provisions of the [...]
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 [...]
Last month Rasta Imposta, a costume manufacturer, sued Kmart for copyright infringement and other claims based on Kmart's sale of banana costumes. For several years, Kmart has bought Halloween costumes, including banana costumes, from Rasta Imposta, but this year, Kmart purchased its costumes from another supplier. In its complaint, Rasta Imposta claims: The Kmart Totally Ghoul Costume has the same [...]
Did you know that your failure to retain all relevant materials after litigation is "reasonably anticipated" could result in you losing the lawsuit or being fined or sanctioned by the court? A few months back, a Colorado federal judge blocked a meatpacking company from arguing that giving prayer breaks to Muslim workers would significantly slow production, because the company lost [...]
