Picking a Powerful Trademark is Good for Business
Whether you’re naming your corporation or adding a new product, you have to go through the often-painful birthing process of finding a name that will work. One that hasn’t been taken. One that isn’t too close to another one. One that isn’t so descriptive that you can’t stop others from using something similar. One that […]
Branding in a Disruptive World
The Internet presents endless marketing opportunities and challenges. Not only does it lower the barrier to entry for new market entrants, it also challenges large, well-known companies to keep their business models relevant. Many of today’s most popular brands were built at meteoric speed and without the aid of (and initially, the budget for) once-traditional forms […]
David Jacoby to Present at First Annual Accessories Council Summit
“Data: The Dark Side” will be the subject of a presentation by Culhane Meadows partner David Jacoby at the First Annual Accessories Council Summit on July 27 in New York. Mr. Jacoby is the only lawyer scheduled to speak during a day-long series of presentations by famous and notable players in fashion, retail and media, […]
A Sigh of Relief…But Should it Be?
While we all may have breathed a sigh of relief with the explanation that last week’s stoppage of the stock market was a result of a glitch in a computerized system and not a cyber attack by powers foreign or domestic, nevertheless this event should remind all of us, but particularly those at the top […]
Combatting Online Unauthorized Resellers of Your Company’s Genuine Products
Unauthorized online resellers have become a real problem for US manufacturers. They seem to be able to sell your products for less than you do. This is because they have no overhead or advertising expenses. Some have access to grey market goods—your products sold for less in
FTC Tells Business “Start With Security”
This scary symbol for computer virus marks the Federal Trade Commission’s new “Start with Security: A Guide for Business” issued on June 30, 2015. The Guide reviews over 50 data security enforcement settlements and provides lessons learned for business from those cases.
Endorsements in Social Media Posts: Tips for Ensuring Compliance with FTC’s Endorsement Guides
The Federal Trade Commission (“FTC”) recently updated its Endorsement Guides: What People are Asking, a source of guidance to the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”), which were last revised in 2009. The Endorsement Guides reflect the basic truth-in-advertising principle that product and service endorsements must be honest […]
Trademark Law Update: Paying Attorneys’ Fees—Even When You Win
In a recent opinion, the US Circuit Court of Appeals for the Fourth Circuit held that the provisions of the Lanham (Trademark) Act permitting appeal of ex parte decisions of the Trademark Trial and Appeal Board to a federal district court require the appealing trademark owner to pay the USPTO’s attorneys’ fees and costs—even if […]
California Resale Royalty Act Can’t Apply Outside California
The major art auction houses’ spring sales in New York yielded a record US$2.5 billion in May, but not one penny of it will go to artists as resale royalties under California’s nearly 40-year-old Resale Royalty Act. On May 7, the en banc U.S. Court of Appeals for the Ninth Circuit
Answers To FAQ’s About Patents
What types of patents are available? Utility Patents protect the functional aspects of a process, machine, or product. Design Patents protect the ornamental features of a product. The functional aspects of a product are not protected by a design patent. Plant Patents protect distinct and new varieties of plants that are either invented or discovered […]
New Data Breach Laws Expand Covered Data
Nearly all states have data breach laws requiring businesses holding certain types of consumer personal data to notify affected persons when there is a breach or suspected breach. As consumers are barraged seemingly on a weekly basis with news reports of yet another breach, what trends have emerged and what does it mean for affected […]
Culhane and Gilhooly Named Among Best Lawyers in Dallas
Kelly Rittenberry Culhane (insurance law) and Stephen Gilhooly (corporate law) have earned spots on the 2015 list of “The Best Lawyers in Dallas” as published by D Magazine. “This recognition is well-deserved and we are very proud of Kelly and Stephen for this great honor,” says Grant Walsh, co-managing partner of the firm’s Dallas office. “As clients and attorneys […]