CDC Eviction Moratorium: What it Means for Residential Landlords & Tenants

On September 1, 2020 the Centers for Disease Control implemented a nationwide moratorium on residential evictions until December 31, 2020 (“CDC Eviction Moratorium“). Under the Moratorium, Landlords are prohibited from taking any action to evict a residential tenant for non-payment of rent. While the order does not extinguish a tenant’s responsibility to pay rent, it … Read more

It’s Hard to Do Business With Key Stakeholders Who Don’t Want To

This is a short post because the point is simple: If you choose to do business with individuals who do not like to run their business with written agreements, good governance, and sound policies – it’s to your detriment. We’ve written countless times about the need for all businesses to treat themselves “like a business” … Read more

Donkey Kong and King Kong Are Not the Same Ape.

If you’ve read our blog religiously, you’ll know that I often write about intellectual property and video games (or, cartoons). Well, its been awhile, and in 2020, levity is required! So, today, we’re talking about the two most famous (fictional) apes of all time – Donkey Kong & King Kong – and the epic intellectual … Read more

Doing the Due Diligence

Guess what often increases in the fourth quarter of every year? Buying and selling of businesses. Guess what else can increase during a recession? Yup, buying and selling of businesses. The first trend is not a surprise. You can close at the end of the calendar year, which is also the end of many a … Read more

Booking.com: More Changes to Trademark Law

Things have been pretty exciting in trademark law over the last few years. The Slants won a case in the Supreme Court to protect their band’s name – overturning a longtime precedent of the USPTO barring trademark protection for “disparaging terms.” Now, the Supreme Court is at it again – ruling against the USPTO and … Read more

Putting It All Into Focus

Here we are. We know our company has value and so does the trademark.  That means I often look at it through a final set of lenses.  Those are succinctly put: Offense Defense Increase value Other third party considerations (a/k/a Amazon told me to) Offense:  Are we wanting to swat down people trying to pretend … Read more

Know Your Numbers

After last week’s post, we know that for a federal trademark we need to have interstate commerce, often because we are selling across state lines.  So let’s pretend that we know we can apply for federal registration based on sales. Now, we have to decide if it is a strong trademark:  Is this mark protectible?  … Read more

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