Jaburg Wilk

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  • The Path to Registering Certain Types of Cannabis Trademarks is Now a Little Less Hazy

    The Path to Registering Certain Types of Cannabis Trademarks is Now a Little Less Hazy

    Unlike patents and copyrights, obtaining a federally registered trademark requires (among other things) that applicants abide by the “lawful” use in commerce requirement. In other words, the United States Patent and Trademark Office ("USPTO") will refuse to register trademarks used in connection with goods or services that are illegal under federal law. This requirement has been a longstanding problem … Read More

    Categories: Intellectual Property, Article

  • Divorce and Taxes

    Divorce and Taxes

    When a couple is getting divorced both current and future tax obligations as well as tax basis are very important. There are four areas that we frequently advise our clients about.

    Is Child Support or Spousal Maintenance Taxable as Income?

    The new federal tax law does not apply to divorce decrees that were signed prior to January 2, 2019. Spousal maintenance is still deductible for the payor and included as … Read More

    Categories: Family Law, Article

  • A Label by any Name is Still Just a Label

    A Label by any Name is Still Just a Label

     

    Recently I started to read an article about technology and what generations thought about other generations using technology.  I was expecting tongue in cheek humor and something enduring like the current Progressive Insurance ad campaign “Progressive can't save you from becoming your parents, but we ... “. Instead, it was a post full of blame, disdain of people who were not in the … Read More

    Categories: Culture, Article

  • Opportunities for Learning are Everywhere

    Opportunities for Learning are Everywhere

    JW Way Fundamental #17: Be Relentless about Continuous Improvement  "Be a lifetime learner and continually invest in your own education, both formally and informally. Be curious and never stop improving your legal, technical, and personal skills. Embrace change. Look for a better way."

    The principles of "continuous improvement" and "lifetime learning" are embedded in the legal profession.  We " … Read More

    Categories: Culture, Article

  • Imperfect Leads to Better

    Imperfect Leads to Better

    JW Way Fundamental #17: Be Relentless about Continuous Improvement  "Be a lifetime learner and continually invest in your own education, both formally and informally. Be curious and never stop improving your legal, technical, and personal skills. Embrace change. Look for a better way."

    This Fundamental recognizes that each of us is imperfect and in a generalized sense that each of us can “get better.& … Read More

    Categories: Culture, Article

  • Showing Respect is a Matter of Following the Fundamentals

    Showing Respect is a Matter of Following the Fundamentals

    JW Way Fundamental #11: Demonstrate Respect "Treat others with courtesy and dignity. Show respect by listening fully and actively, paying attention to your words and attitude. Give your undivided attention without interruptions."

    There are so many ways to show respect and an equal number to show disrespect.  Where should I start? A good place is with a number of the other JW Way Fundamentals.  Listen … Read More

    Categories: Culture, Article

  • Be A Lifetime Learner

    Be A Lifetime Learner

    JW Way Fundamental #17: Be Relentless about Continuous Improvement  "Be a lifetime learner and continually invest in your own education, both formally and informally. Be curious and never stop improving your legal, technical, and personal skills. Embrace change. Look for a better way."

    I was raised by a schoolteacher who never stopped teaching.  At the time, I didn’t enjoy it.  I now count … Read More

    Categories: Culture, Article

  • The Price of Scorched Earth

    The Price of Scorched Earth

    JW Way Fundamental #16: Don't Be a Jerk "Maintain professionalism at all times. Keep emotions under control. Advocating forcefully for the intrests of our clients does not require bullying, condescension, foul language, or temper tantrums. This applies to co-workers, opposing counsel, and vendors. Always be a mensch. "

    We all know a jerk or two in our professional and perhaps personal lives.  Despite the … Read More

    Categories: Culture, Article

  • Getting Divorced? Don’t Forget to Update your Estate Plan

    Getting Divorced? Don’t Forget to Update your Estate Plan

    Why do estate planning documents need to be updated when a couple is getting divorced? This simple story illustrates one of the key reasons.

    An Arizona couple had been married for several years and during their marriage had built a very successful, multi-million-dollar business together. Perhaps they had focused on building the business rather than their marriage or maybe time simply changes relationships, … Read More

    Categories: Family Law, Article

  • New Rule Requires Foreign Companies and Persons to Be Represented by a U.S. Licensed Attorney in All Trademark Matters

    New Rule Requires Foreign Companies and Persons to Be Represented by a U.S. Licensed Attorney in All Trademark Matters

    The United States Patent and Trademark Office USPTO recently announced a significant rule change. Effective August 3, 2019, all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings must be represented by an attorney who is licensed to practice law in the United States.

    Why the Rule Change?

    This new rule came about because the USPTO says it “ … Read More

    Categories: Intellectual Property, Article