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

Representing: You?

In our engagement letter, we have some very important language. Possibly the most important is this: It is expressly agreed and understood by Client that OG + S is retained for the sole benefit of the Client, and not for the benefit of any other person, partnership, corporation, shareholder, office, director, affiliated company or guarantor … Read more

Paper Beats Paper?

Somewhere at the bottom of most agreements is a clause that looks something like this: Entire Agreement:  This Agreement and the Exhibits and Attachments referred to in this Agreement contain the entire understanding of the Parties with regard to the subject matter contained in this Agreement and supersede all prior written or oral agreements, understandings … Read more

Whereas, Now, Therefore

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

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