When putting together an estate plan, trusts are commonly brought up as an alternative or complement to wills. One of the greatest benefits of trusts is avoiding probate, the court process of administering a deceased person’s estate, which can be long and costly depending on the make-up of the estate and the location where the deceased person resided. Other benefits [...]
The United States Patent and Trademark Office (PTO) has published a proposed rule to raise existing trademark fees, as well as to implement a number of new fees. Given the proposed new fees and fee increases, it’s a good idea to file trademark registration applications this year, as well as to pay maintenance fees if you’re eligible to do so. [...]
When negotiating or reviewing a contract, you might come across some terminology you don't recognize. Some of the legal terms you're likely to encounter in connection with contracts are: Breach of Contract A breach of contract occurs when one party fails to comply with the terms or conditions of an agreement. Depending on the type and significance of the breach [...]
You may have heard there’s no need to register your copyright, because it’s automatically protected. But this is only half the story—you can’t enforce your copyright without either a certificate of registration or a denial of registration from the Copyright Office. Plus, there are a lot of reasons to register all of your copyrights promptly. 1. If you register a [...]
There are a number of reasons an employer might need to conduct a workplace investigation. For example, an employee may complain about workplace discrimination, harassment, violence, or bullying, or an employee may be suspected of wrongdoing, such as theft, drinking on the job, or misappropriation of confidential information. Confidentiality While an employer can (and should) keep investigation-related information confidential as [...]
One of the most valuable assets a business has may be its trade secrets. A trade secret is anything that (i) gives a business a competitive advantage, (ii) has been and continues to be treated as a secret by that business, and (iii) is not generally known in the trade or readily discoverable through public sources. Virtually every business has [...]
The attorney-client privilege is a rule of evidence that protects confidential communications between lawyers and their clients when those communications relate to the clients’ seeking of legal assistance. To qualify for protection, a communication must be confidential. Most employers have policies stating that employee use of computers may be monitored, meaning that use is not confidential. This is why we [...]
OpenAI OpCo, LLC filed an application to register the mark GPT for use in connection with its AI products. Last month, the US Patent and Trademark Office (PTO) refused registration of the mark on the grounds that “GPT” is both “merely descriptive” and “generic.” To be protectable, a trademark must be “distinctive.” This means it must be used to identify [...]
Did you know that your failure to retain all relevant materials after litigation is “reasonably anticipated” could result in you being fined or sanctioned by the court? You could even lose the case as a result of your failure to preserve evidence. How do you know when “litigation is reasonably anticipated?” While there are some grey areas, the filing of [...]
Last summer, the Federal Trade Commission (FTC) issued updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising. It also updated its practical business guidance, FTC's Endorsement Guides: What People are Asking. In early September, we published an Alert about these updates, which you can read here. After the guidance was updated, the FTC sent warning letters [...]
