Law Blog

We are all used to clicking the "I agree" button and frequently we click without reading the lengthy terms and conditions.  While many are long, these virtual agreements bring with them rights, responsibilities and restrictions.  By clicking "I Agree", you have created a contract.   In the on-line order process, frequently you will click on an agreement button, ...

Comedian Nathan Fielder created a media stir, and long lines, when he opened a coffee shop called Dumb Starbucks.  The establishment was quickly closed down for not having a permit.  In the short time that the shop was open, legal commentators everywhere speculated about whether Starbucks would sue for trademark infringement, and if it did, how the case would tur...

The new estate laws are challenging to comply with and will require most high net worth individuals to review their existing plan. One of the major issues is how the trust is divided on the death of the first spouse, and who makes certain elections. There are other critical decisions that need to be made to protect assets and minimize or delay estate taxes. Prior E...

As an artist or a photographer, your most valuable assets are your creations. An artist's work can end up on someone else's product, marketing piece, or website, without the artist's permission and without the artist ever earning a royalty. The piece may even have been modified or there might be no credit disclosing who created it. Many artists and photographers fe...

When it comes time to choose a name for the new product or service you are launching, it is important to know that not all trademarks are created equal. In addition to the marketing considerations of choosing a brand name, there are also important legal considerations to keep in mind. Let's consider the example of opening a gas station.  If a company opens 50 ...

When the organization responsible for assigning domain names announced several years ago that it would expand the generic top level domain name system from the previous 21 to an unlimited number, brand owners knew their legal budgets would have to be increased to protect their trademarks from cybersquatters in this new terrain. Brand owners lobbied against the chan...

Video Transcript My name is Kraig Marton and I work in Healthcare here at Jaburg & Wilk. Do healthcare professionals have to report legal trouble to their licensing board? It turns out that healthcare professionals have a duty to report certain things to their licensing board. What kind of charges must be reported? Any kind of felony must be reported, ag...

There is nothing more frustrating than learning that the technical or product information that you wrote, or the photographs that you took for your website have been stolen and used on someone else's website.  Sometimes the copying is so blatant that the other website looks just like yours! If a competitor steals your website content, it can do real damage to ...

There is a good chance you have never even heard of greenwashing. Yet, your company may be at risk by engaging in the practice of greenwashing. Wikipedia defines greenwashing as the practice of companies disingenuously spinning their products and policies as environmentally friendly. In today's world, "green" is good marketing, but saying your product is green whe...

Let's face it, some marketing ploys are pretty clever and some spam is brilliantly disguised as valid e-mail. There are many great reasons to register your trademark with the United States Patent & Trademark Office, including:Constructive notice nationwide of the trademark owner's trademark rights Preventing others from registering and limiting your geograp...