Last month, the US Supreme Court unanimously ruled against Steve Elster, who had applied to register the trademark TRUMP TOO SMALL for use in connection with shirts and hats. The US Patent and Trademark Office had denied registration of the mark based on the “names clause,” a provision of the trademark law that prohibits registration of trademarks that include a [...]
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 [...]
This past Monday, the law changed with respect to employees using their Paid Leave Oregon benefits in conjunction with their Oregon Family Leave Act (OFLA) leave, paid time off (PTO), and workers’ compensation. While the details are too complex to cover in this alert, in many situations, employees will now need to either apply for benefits through Paid Leave Oregon [...]
“Success Kid” is an internet meme based on a photograph Laney Griner took of her 11-month-old son, Sam, trying to eat sand. She uploaded the photo to Flickr in 2007, and it quickly went viral. In addition to widespread use as a meme on social media, the photo has been licensed for commercial use by numerous companies, including Coca-Cola, Virgin [...]
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 [...]
If you endorse products or request endorsements for your products, it’s important for you to know that FTC guidelines require each endorsement to reflect the honest opinions, findings, beliefs, or experience of the endorser. These FTC guidelines give numerous examples of actions that are considered to be endorsements and make it clear that: • Advertisers may not procure, suppress, boost, [...]
Intellectual property (IP) refers to creations of the mind. Examples include artwork, computer software, novels, logos, music, and technological inventions. Although it’s intangible, IP is often more valuable for a business than its tangible assets, such as equipment and inventory. Nearly every business has some form of IP. Trade Secrets The Uniform Trade Secrets Act, which has been adopted by [...]
When you have a dispute with someone, your first thought may be, “I’ll sue that $#@*&^%!” but this may not be the best option. Litigation is a stressful, time-consuming, slow, and expensive way to resolve a dispute. This means that settling a dispute is often preferable to resolving the matter through litigation. It’s faster and cheaper, and no matter how [...]
Many small businesses start out as sole proprietorships or partnerships, usually because they’re the simplest to get up and running. For most businesses, though, the small amount of extra time and expense involved in setting up a corporation or limited liability company (LLC) will be well worth it. The most important benefit of doing business as a corporation or LLC [...]
