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.
When a company is growing, they begin selling more products and often start exploring options like distribution agreements and licensing agreements. When looking into those agreements, it important that the terms and scope of the agreement are understood by both parties and written down. Terms of the agreement can include scope restrictions such as whether … Read more
Original image from Everkinetic Cybersquatting is generally bad faith registration of another’s trademark in a domain name. Under section 43(d) of the Lanham Act (also known as the Anticybersquatting Consumer Protection Act or ACPA), a person shall be liable to the owner of a trademark if that person has a bad faith intent to … Read more
A covenant not to compete is a contract, and as a contract, it needs an offer, acceptance and consideration to be enforceable. When presented at the offer of employment, as long as employment is conditioned upon signing, that is considered enough. In Star Direct v. Dal Pra, the Wisconsin Supreme Court ruled that employers may … Read more
Let’s pretend that I am the owner of a hair salon. I want to keep my clients even as different hairdressers come and go. One problem though: My clients build a relationship with a hairdresser, and when he leaves to go to another salon, my clients follow. What to do? One answer might be a … Read more