Explore recent reversals by the Trademark Trial and Appeal Board that challenge likelihood of confusion and the doctrine of foreign equivalents.
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Learn about the FTC rule on non-compete agreements, its implications for employers and employees, and alternative strategies to protect proprietary information.
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Discover the intricacies of McDonald's Big Mac® EU trademark battle, including challenges, rulings, and implications for trademark protection and brand management in the EU. This provides powerful lessons regarding trademark protection.
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Explore the importance of negotiation in legal and business contexts with practical tips for success. Learn about pre-negotiation preparation, psychological anchoring, BATNA, concession strategies, managing inner dialogue, and dealing with irrational players through effective negotiation techniques.
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Discover the importance and benefits of forum selection clauses in contracts and learn how they can help manage disputes and ensure favorable legal outcomes.
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Learn how to handle negative customer reviews and understand the legal risks, including defamation and anti-SLAPP laws, to protect your business reputation.
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Explore the details of the recent Supreme Court decision on copyright infringement cases, focusing on the pivotal Nealy vs. Warner Chappell Music ruling.
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Learn essential strategies to protect your business from the adverse effects of artificial intelligence, including legal insights and risk management tips.
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Texas bluebonnets appear in springtime, stretching across fields and roadsides creating blankets of blue color in an artful manner.
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The George Carlin AI case settles after estate of Carlin fights to preserve the rights and integrity of the deceased celebrity.
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The recent Texas Benchellal case applies “imposter rule” finding that the person in best position to prevent a fraudulent transaction by simply exercising reasonable care should bear the loss.
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Darin M. Klemchuk is the founder of Klemchuk PLLC, a leading intellectual property law firm focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. He was recently interviewed for Lawyer Monthly magazine on the topic of IP litigation, infringement matters, and disputes.
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Creating internal protocols for prevention of cybercrime scams is the best way to prevent becoming victim and keeping the workplace safe.
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What happens when generative artificial intelligence produces prior art? Does that affect an inventor’s ability to obtain a patent? Prior art is an all-encompassing term meant to be a catchall for any previous patent, publication, or use regardless of whether it is domestic or foreign.
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In this issue, we discuss common mistakes in branding, the reporting requirements for the new Corporate Transparency Act, strategies for in-house counsel to defend against patent trolls, and the risks of demand letters as demonstrated by the Jack Daniel’s litigation.
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Much has already been written about the Supreme Court’s holding in the trademark dispute between Jack Daniel’s and VIP Products regarding the “Bad Spaniels” dog toy that VIP began selling back in 2014. Read this article for key takeaways and observations on the case
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In September 2023, The Financial Crimes and Enforcement Network (FinCen) issued its final rules for compliance with the Corporate Transparency Act (CTA) and these rules are now in effect. This article provides information regarding the new CTA reporting requirements as well as access to a CTA checklist.
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There are strategies that a company can employ to defend itself against claims for willful infringement and exceptional case finding, which can lead to treble damages, attorney’s fees, and cost. The use of non-infringement opinions in patent cases can be useful to reduce litigation risk.
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The start of a new business endeavor is an exciting time, with grand plans and ideas for future expansion. But too many businesses ignore (or are unaware of) some of the more important aspects of business name and brand selection, and it ultimately costs them a great deal.
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A trademark is a word, phrase, and/or design that serves to identify the source of a product or service in the eyes of consumers. Read more for additional information about trademarks.
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