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When Does My Business Need a Waiver?


There are a lot of circumstances when a well-crafted waiver document will be an asset for your business. A waiver is simply an agreement whereby someone agrees not to bring a legal claim in the case of a loss or injury. You agree to waivers all the time, often without even knowing it. When you go to a concert or a game, your ticket almost always includes language stating that you are assuming certain risks and agreeing not to sue. The same thing happens when you enter a parking lot, go in for a medical procedure, or attend a conference….

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What is the New Trademark Office Rule Requiring U.S. Attorneys?


The United States Patent and Trademark Office (USPTO) recently issued a new rule that affects all trademark filings owned by parties based outside of the U.S. The rule is that, essentially, everyone who’s doing business with the Trademark Office must be represented by an attorney licensed to practice law in the United States. The new rule went into effect on August 3, 2019. The previous status quo didn’t include any such requirement. Foreign trademark owners could be represented by a foreign attorney or could simply handle their own U.S. trademark filings without legal counsel. The USPTO’s press release regarding the…

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How Do I Register for DMCA Safe Harbor Protection?


If you have a website or app that includes user-generated or user-submitted content, you are vulnerable to a lawsuit from the copyright owners of that content. This applies to all social media sites/apps and any apps/sites with public forums or other types of user content. The U.S. Copyright Act provides for statutory damages of up to $150,000.00 per infringement. The good news is that you are shielded from all such liability under the “Safe Harbor” provisions of the Digital Millennium Copyright Act (DMCA) – as long as you comply with all of the necessary provisions, including registration. In this post,…

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5 Things to Consider When Creating a Trademark


When you’re coming up with a trademark, such as a brand name for your products or services, there are a few key points to consider. In other blog posts, I go into some of these points in a lot more detail, but for this post I wanted to pull the basic concepts together so you know on a high level what you should be thinking about. That said, here are 5 things to consider when creating a trademark: 1. Is it generic? A generic term is the common name for a type of good or service. Examples include “Pizza Shop”…

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