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Trademarks — Online Services or Attorneys? You Get What You Pay For

A new client came in last week. He had filed a trademark application through one of many of the online services that emphasize that they are not law firms and charge accordingly. This client has developed a brand name for his professional services, but his employer will not allow him to use the brand name unless he has a registered trademark. The Trademark Office initially refused the application on the grounds that...

SHOULD YOU TRADEMARK YOUR BUSINESS NAME OR LOGO?

A trademark is used to identify the source of goods or services. Some of the most recognizable consumer brands in the world are also the world’s most valuable trademarks. According to a recent survey, the world’s most valuable brands are, in order, Wal-Mart, Google, Coca-Cola, IBM and Microsoft. All of these brand names, and their accompanying logos, resonate with the public and create a clear image in...

GRAY MATTERS Statutory Remedies for Sales of Unauthorized Parallel Goods Post-Kirtsaeng

Gray market goods or parallel imports are genuine branded goods that are legitimately produced but then imported into a market without the consent of the trademark and/or copyright owner In contrast to counterfeit goods, gray goods are manufactured under license from or even by the brand owner, but then imported by another party into a jurisdiction for which they were not intended. Brand owners have historically...

Court Rules “Black Swan” Interns Must Be Paid; Certifies Class Action

For decades, the entertainment, media and fashion industries have relied heavily on unpaid interns to handle mundane daily work that supports the core business efforts. In exchange for some long weeks of making deliveries, fetching coffee, filing and other menial tasks, the interns walk away with industry contacts, impressive resumes and possibly college credit. The television productions, magazines and design...

Faith Alone is Not Enough — Best Practices for Corporate, Partnership and LLC Agreements

I recently wrote an article on best practices for partnership, corporate and LLC agreements, discussing why it is necessary to properly document what the founders or owners of a company own and what their responsibilities are, what can happen if they skip this fundamental legal step, and how to avoid problems later on by taking the right steps when the business is...

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