If you are planning to start a small business, a sole proprietorship may be right for you. It is the most common form of business structure, and it is relatively easy and inexpensive to establish. In fact, if you are presently carrying out any business activities (as, for example, a freelance editor or graphic artist), Read more about Is a Sole Proprietorship Right for You?[…]
As predicted in our November 13, 2014 post, “Flag On The Play”, the United States Court of Appeals for the Federal Circuit (CAFC) has held that the United States Patent and Trademark Office (USPTO) stuck its “subjective nose” so far into trademark owners’ choices of trademarks that the U.S. Constitution has been violated. In re Read more about Flag On The Play, Part Deux[…]
A copyright is generally owned by the creator of a work. If you write it, you own it. However, there is an exception to the rule. Under the “work for hire” doctrine, any work prepared by an employee within the scope of his or her employment belongs to the employer who commissioned it. For example, Read more about Protect Your Interests With A Work-For-Hire Agreement[…]
In 2013 U.S. District Judge Swain, when ruling on Tiffany’s Motion for Summary Judgment, held: “The question of whether a mark is, or has become, generic is generally one of fact,” citing Bristol-Myers Squibb Co. v. McNeil-P.P.C. Inc., 973 F.2d 1033, 1039 (2d Cir. 1992) Tiffany & Co. v. Costco Wholesale Corp., Civil Action No. Read more about Tiffany v. Costco – Kreskin says: I See An Appeal In Your Future[…]
Today is June 15, 2015. Just another Monday in the beginning of summer, where we are either at work or at home; out pursuing our dreams; or at class learning, growing, and experiencing life. Whatever we are doing at this moment, it is because we have the freedom to do so—the human right to follow Read more about The Great Charter of Liberties: 800 Years of the Magna Carta[…]
The McHattie Law Firm wishes you and yours a happy, healthy, and prosperous 2014!
When you send or receive email, you usually feel confident that your messages are private and confidential, right? After all, imagine if the world knew of all that outrageous and intriguing content we include in our emails. It’s hard to accept that some stranger could be reading it, right? The Fourth Amendment prohibits unreasonable searches Read more about Privacy in Gmail®? Not So Fast[…]
What’s in a name? That which we call a rose by any other name would smell as sweet. And that which we call a penalty by any other name would still be charged. But what if we called it a tax? Is there a difference between a penalty and a tax? Penalty is: a punishment Read more about What’s in a name? Analyzing the Affordable Care Act decision[…]
Is innovation being stifled by current policies? Having practiced intellectual property law for more than 25 years, I’ve had the singular honor of witnessing American innovation, creativity and entrepreneurial energy signal the end of every economic down turn. All those unemployed and under employed workers, having a little time and inspiration, innovate and develop new Read more about Is Innovation Being Stifled[…]