This year we are truly thankful for our incredible staff who have worked diligently to serve our clients’ needs in this year of increased war activity. We are also grateful for the vaccines that are saving lives throughout the world. While we are still facing many difficulties, we are hopeful that the future will be brighter. The celebration of Thanksgiving [...]
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 [...]
Taco Tuesday This past July, we notified you that, as a result of Taco Bell filing a proceeding with the Trademark Trial and Appeal Board (TTAB) requesting cancelation of Taco John’s federal trademark registration for TACO TUESDAY, Taco John’s agreed to abandon its mark. This meant that the term “Taco Tuesday” became free to use by restaurants in 49 states. [...]
On April Fool’s Day many years ago, an online gaming store modified its Terms of Use, adding the following clause: By placing an order via this Web site…, you agree to grant Us a non transferable option to claim, for now and for ever more, your immortal soul. Should We wish to exercise this option, you agree to surrender your [...]
Federal regulators are cracking down on the use of “off-channel” communications, such as text messaging, WhatsApp, Signal, and other messaging platforms, to the extent that those messages are not maintained in compliance with legal requirements for data retention. What should you, as an employer, do about this crackdown? First, your business needs a policy requiring all electronic workplace communications to [...]
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 [...]
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 [...]
Businesses often want to have a trademark that describes what they’re selling, but in order 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 [...]
Just as COVID-19 lockdowns were beginning, Netflix released the wildly successful Tiger King: Murder, Mayhem and Madness television series. The documentary, often described as a “train wreck,” is about big-cat owners Joe Exotic, Carole Baskin, and Doc Antle, focusing on the events leading up to Joe Exotic’s conviction for paying a hitman to murder Carole Baskin. During the lockdowns, tattoo-shop [...]
A Canadian judge recently ruled that a farmer's thumbs-up emoji constituted approval of a contract a grain buyer had drafted, signed, and texted to him. The grain buyer’s message said, “Please confirm flax contract.” The farmer replied with the thumbs-up emoji, but never delivered the grain. Although the farmer argued that his thumbs-up emoji indicated only that he had received [...]
