Blogs
Graffiti Artist Sues American Eagle for Copyright Infringement
by evansfox | Nov 3, 2014 | Copyright, Patent, Trademark
Ahol Sniffs Glue, a graffiti artist, uses his public art to express his social activism message and counter-cultural criticism. His Ocean Grown graffiti mural is displayed on a public building in Miami. American Eagle launched an advertising campaign where the...
Five Questions to Ask When Deciding Whether to Pursue Patent Protection
by evansfox | Nov 3, 2014 | Patent
1. Will you have the ability to detect an infringement and enforce your patent rights? If not, trade secret protection might be considered as an alternative strategy. 2. Are there easily available alternative products or technologies that can perform the same...
A&E Television Studies Sue for Trademark Infringement over Duck Dynasty Slogan, “My Favorite Color is Camo”
by evansfox | Nov 3, 2014 | Trademark
Hard to believe, but even big companies like A&E forget to do trademark clearance searches before they launch new products. In this case, there was a federally registered mark for “My favorite color’s camo” (emphasis added). A&E started selling Duck Dynasty...
Protecting the Look and Feel of a Website
by evansfox | Nov 3, 2014 | Trademark
Trade dress is packaging, design and shape of a product that serves to identify its origin. The look and feel of a website can potentially be protected as trade dress, at least with respect to technical aspects that are non-functional. Courts have found the...
UGG v. JC Penney, Sears & Walmart
by evansfox | Nov 2, 2014 | General Business, Patent
Thanks to Oprah Winfrey’s endorsement in 2000, UGG boots have risen to celebrity status in the shoe world. I can attest to the fact that most teens and tweens wear UGG boots with everything from shorts and skirts to yoga pants and jeans. Deckers Outdoor Corporation,...
Seven Things Employers Can Do to Protect Their Intellectual Property and Trade Secrets
by evansfox | Nov 2, 2014 | Copyright, General Business, Patent, Trademark
Employees and key company executives have access to proprietary business information that can be key to the company’s market position. Protecting this critical information is top priority for any business. There are seven basic things any business can do to protect...
Starbucks vs. Charbucks – An Example of How Difficult It Can Be to Prevail in Court on Trademark Dilution Claims
by evansfox | Nov 2, 2014 | Copyright, Patent, Trademark
Black Bear Micro Roastery has coffee flavors named “Mr. Charbucks” and “Charbucks Blend”. Starbucks Corporation was not amused and sued the micro-roaster for trademark dilution and blurring. Although Starbucks did meet the standard for a famous mark, the court found...
Non-compete Agreements Need a Geographic Location
by evansfox | Nov 2, 2014 | General Business, Tips For the Entrepreneur
In a lawsuit between an employer and an employee, a non-compete agreement that restricted employees from “working for companies competitive with the employer” and “in locations where they employee marketed or sold products” was not reasonable in geographic scope nor...
New York State Labelled Wine
by evansfox | Nov 2, 2014 | General Business, Retail Liquor License
Pursuant to Alcoholic Beverage Control Law (“ABCL”) Section 3(20-a), New York State labelled wine must contain at least 75% by volume New York grown grapes or other fruits. Winery licensees are reminded that while they may import out-of-state wine, grapes or other...
Does your establishment meet targets that ensure profitability?
by evansfox | Nov 2, 2014 | General Business
Monthly Revenues = $ Monthly Rent = % Is this number less than 10%? Monthly Revenues Monthly Payroll = % Is this number less than 28%? Monthly Revenues Monthly Liquor Costs = % Is this number less than 21%? Monthly Revenues Total Monthly Costs = % Is this number less...
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