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The Importance of Registering Your Trademarks in the USPTO!
For small businesses, establishing a strong mark or “brand” presence is essential for growth and success. One of the key elements in building and protecting your brand is through registering your trademarks. Here’s why registering...
Read moreWhat is a trademark?
A trademark is a powerful tool for any business, especially small businesses looking to establish and protect their reputation for quality goods or services. But what exactly is a trademark? Definition: A trademark is any...
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Use of another company’s trademarks in your web-based advertising can be risky business
Rosetta Stone, Ltd. sells language-learning software. Google, Inc. operates a web-based search engine and sells keywords as part of its AdWords advertising program. Google’s AdWords policy allowed advertisers to use a competitor’s trademark as a...
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When do employers own the IP derived from an employee’s work?
Employee Preston accepted employment at Marathon Oil Company under a written contract with an express “at-will” term of employment. After Preston began employment, Marathon asked Preston to sign a separate written employment agreement that, among...
Read moreMaryland long-arm snags California company on copyright infringement claim
American Home Realty Network (“AHRN”), based in California, operates a website that displays photos of residential home for sale and that facilitates real estate agent referrals and home sales. Metropolitan Regional Information Systems (“MRIS”), based...
Read moreBroker’s earn commission only when buyer offers terms acceptable to seller
Seller signed a written exclusive right of sale listing agreement to sell his restaurant in St. Petersburg, Florida. The seller was presented with an offer that the seller signed but only after the broker inserted...
Read moreSelling a restaurant using separate asset purchase and management agreements
Anderson Adventures, LLC (“Anderson”) executed an Asset Purchase Agreement with Sam & Murphy, Inc. (“Sam”) by which Anderson was to purchase the assets of Sam’s restaurant known as Fins. As part of the transaction, a...
Read moreRegister your copyrights to secure your rights to sue!
Kernal Records Oy sued Timothy Z. Mosley and others claiming copyright infringement. The defendants filed a motion for summary judgment to have the claims dismissed and the trial court granted defendant’s motion. The Eleventh Circuit...
Read moreProtecting restaurant name, decor and floor plan requires distinctive, unique, and creative elements
Miller’s Ale House, Inc. (“Miller”) sued Boynton Carolina Ale House, Inc. (“Boynton”) alleging Boynton infringed Miller’s common law “Ale House” trademark, trade dress in its restaurant decor, and copyrights in its floor plan. With respect...
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