by evansfox | Jan 24, 2013
The IRS has 20 factors in its test to determine if a worker is an employee or independent contractor. IRS warns that not all factors are considered in each case or given equally weight. The analysis is performed on a case-by-case basis under the circumstances of each...
by evansfox | Jan 7, 2013
A review of 2012 emergency suspension orders of retailer licenses by New York SLA and the first ever wholesaler suspension by New York In 2012, there were at least 2 things that the State Liquor Authority (SLA) deemed bad enough to issue an emergency suspension order...
by evansfox | Dec 14, 2012
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Part 3 explored how courts across the country apply different tests when evaluating whether there has been an infringement and how the law is...
by evansfox | Dec 13, 2012
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Part 3 explored how courts across the country apply different tests when evaluating whether there has been an infringement and how the law is...
by evansfox | Dec 12, 2012
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Trade dress law is actually a part of the trademark laws, specifically Section 43(a) of the Lanham Act. The law itself states that a...
by evansfox | Dec 11, 2012
The best legal advice concerning business décor is be innovative to avoid copycat situations altogether. The court in the case of Rib Buddies, LLC v. Fat Buddies, LLC, said it best: “there are any number of ways to make the trade dress of a . . . [restaurant]...
