Intellectual Property Lawyer and Business Consultant
Yes, it has come to this. Social media account disputes. Employers, employees and independent contractors rely on these accounts to establish network connections and to promote business opportunities. Guidelines, terms and conditions at sign-up aside, the turf war pits these formerly non-competing parties at the end of employment or upon termination of their business relationship. … More Who Owns Your Social Media Account?
In a previous blog, Beware Using Historic Symbol as Trademark, we discussed branding considerations applied to use of well-known symbols such as the Texas Star in your logo for goods and services. As the palette of colors is limited and even subjective by nature, there is even less opportunity to claim a trademark for a … More Color as a Trademark?
Business clients typically want their workers to be classified as independent contractors. The significant savings in employment taxes and employee benefits in addition to workers compensation premiums are very attractive. In Connecticut, the determination for state purposes is commonly referred to as the ABC test. To be an independent contractor, the worker must be free … More Employee or Independent Contractor? IRS Small Bus/Self Employed SG recommends incentives for voluntary classification
Every day workers leave their jobs, sometimes to join competitors, oftentimes to start firms in direct competition with their former employers. In the course of doing so they are routinely tempted to save proposal documents and other firm collateral for future use. Such materials often contain information of a proprietary nature offering competitive advantages to … More Copyright Protection For Employer’s Proprietary Materials
In lawsuits involving Intellectual Property, particularly copyright and trademark infringements, lawyers for the infringing party typically raise the equitable defense of laches. Laches involves the right’s owner having knowledge of the infringement and doing nothing to protect its interests. In copyright for the owner, with full notice of an intended infringement to stand inactive while … More Ancient Doctrine of Laches Affirmed in 9th Circuit Copyright Case
The Equal Employment Opportunity Commission “EEOC” sought an injunction against a grocery store where the offending manager had engaged in conduct of an egregious nature harassing female employees. The conduct involved both verbal and physical harassment including inappropriate hugs and touching. The manager also maintained a romantic relationship with the store’s owner. The nature of the injunction … More Denial of Injunction in Sexual Harassment Case An Abuse of Discretion
Trademarks have varying strengths depending upon their distinctiveness. While Apple as the name of a computer company has a high degree of distinctiveness, Fred’s Fish Fry as the name of a seafood restaurant? Not so much. The Apple name is arbitrary when it comes to computer products while Fred’s Fish Fry is a descriptive name. … More Philadelphia’s Cheesesteak as a trademark?
Using an historic symbol, like the Texas Star, as a trade or service mark can lead to unintended consequences when your competitor decides to use a similar symbol. In the case of Amazing Spaces, Inc. v. Metro Mini Storage, the United States Court of Appeals Fifth Circuit held that the registered service mark symbol used … More Beware Using Historic Symbol As Trademark
Can a designer of handbags fashion his former Parisian residence as the source of his designs for geographical origin purposes when his products are neither made nor designed in Paris? Not according to The U.S. Court of Appeals Federal Circuit in the case of In Re Miracle Tuesday LLC. http://www.cafc.uscourts.gov/images/stories/opinions-orders/11-1373.pdf The Appeals Court affirmed the … More TM Geographical Origin Follows the Goods Not the Designer
A trademark is basically a brand. It can be a word(s), symbol or device affixed to a product used to identify and distinguish the goods of one seller from that of another and to indicate the source of such goods in order to prevent consumer confusion. I pride myself as a savvy consumer, not easily fooled … More Brand protection
William Tennant 
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