We have previously discussed descriptive marks and some problems they have. But what if you really, really want one? Can you still protect it? It depends on whether or not it can eventually be recognized by customers as something more than a description of your goods and services. If so, then the mark has gained … Read more
At the beginning of many contracts is a series of clauses beginning with “Whereas.” Besides giving us lawyers a chance to use a fancy word, these phrases actually have a purpose. They are called the “Recitals,” and they are used to provide context to the agreement. The first paragraph tells the name of the agreement, … Read more
IN CONGRESS, JULY 4, 1776 The unanimous Declaration of the thirteen united States of America hen in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of … Read more
A lot of attention has been paid in the media and industry regarding a new proposed law affecting breweries. Given this, we thought a special, non-Tuesday blog post was warranted. Jeff Glazer provides his opinion regarding this proposal. So Jeff writing AND out on a Thursday – very special indeed! I know. Me? The calm … Read more
To help determine who is an employee when it comes to work for hire, the US Supreme Court inCommunity for Creative Non-Violence v. Reid identified three broad factors that make up an “employer-employee” relationship. Control by the paying company over the work. The more the control the paying company has over what the work is … Read more
“Work for hire” Three simple words. I know what each means independently, but as a phrase they take on a special meaning in copyright law. That special meaning, however, most do not know. In copyright, the creator of the creative expression of an idea (you know, the thing that is copyrighted) is the default owner. … Read more
A few weeks ago, we took a motorcycle class. One thing the instructors kept saying was “Keep your heads up! Look forward!” You had to see where you were going, and it helped get over nerves. As one instructor said, “If you only look three feet forward, you will only go three feet forward. If … Read more
They say when you fall off a horse, you should get back on again. Well, sometimes when you fall off the horse, things like tibial plateau fractures happen which means that getting back on again are delayed as surgeries and recoveries take awhile. But the message is don’t let the tumble scare you away from … Read more
The 4-H Youth Development Program is the youth outreach program from the land grant Universities, Cooperative Extension Services, and the US Department of Agriculture. The 4-H Name & Emblem incorporates its focus on Head, Heart, Hands, and Health. Growing up in a rural school, I remember sitting on the gym bleachers through meetings that started … Read more
This was spotted at Donegal Castle in Donegal Town. We couldn’t help but share. It brings a whole new meaning of the questions related to costs of enforcement.