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Supreme Court Rules Willfulness Not Required for Award of Profits in Trademark Cases


A recent Supreme Court case just made trademarks much more valuable – and substantially increased the penalties for trademark infringement, even if the infringing party didn’t intend to rip off the trademark. Let’s say you discover that someone has infringed on your trademark. You bring the case to court and you prove that there was an infringement. You’ve spent a lot of time and money pursuing this case, and now you want to recover the profits that the infringer realized from their actions. What do you have to prove in order to be awarded those profits? More specifically: do you…

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What Can Business Owners Do?


These are challenging times for everyone, not least business owners. This is true regardless of the size and scope of your business. I’m not promising any easy solutions; beware of anyone who does. However, I am here to help any way I can. Over the last few weeks I’ve spoken with clients regarding: Interpreting¬†force majeure terms in contracts, including commercial leases. These clauses will continue to come into play as businesses evaluate their legal obligations, particularly businesses whose doors are temporarily shut due to government mandate. Business loans. The U.S. Small Business Administration is offering low-interest federal disaster loans for…

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Celebrity Trademark Update: Greta + the Sussex Royals


Waaay back in 2011, I wrote about names as trademarks in this blog post: Who Owns Lady Gaga?. People who are famous, for one reason or another, have good reason to protect their names. By “names” I’m referring to given names, pseudonyms such as “Lady Gaga”, and other appellations, as we’ll see. Trademark law is one of the means by which names are protected. Greta Thunberg Recently, Greta Thunberg posted on Instagram: Impostors, trademarks, commercial interests, royalties and foundation… First: Unfortunately there are still people who are trying to impersonate me or falsely claim that they “represent” me in order…

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Who Should I Ask to Sign an NDA?


Non-Disclosure Agreements, or NDAs, are one of the most common types of business documents. The purpose is simple: to prevent one party from disclosing the confidential information of another party. Business owners are sometimes confused about NDAs and who should sign them. So let’s go over some of the basics. What is Covered? An NDA can cover any information that your company owns that’s confidential. These are referred to as “Trade Secrets” – for more information about Trade Secrets, click here. Items covered by an NDA may include: Lists and contact information of customers or clients Business plans, including future…

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