Representations and Warranties: How Should I Know?
Anyone who deals with contracts, whether as a lawyer or a client, is familiar with representations and warranties. Nearly all commercial agreements have them in some form or another. Often each party will “rep and warrant” to the other that it was properly organized and is currently in good standing in its state of formation, […]
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 […]
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
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 […]
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 […]
Virginia Supreme Court Sidesteps Decision on “Unmasking” Standard for Anonymous Posts
When a business is attacked in an anonymous website post, the first hurdle it typically faces in seeking redress is identifying who wrote the post. The problem can be a particularly serious one for businesses that attract customers from review sites. Those who follow this area of the law have been waiting with anticipation for […]
Employee Hacking: Protecting Against Data Breaches and Theft of Confidential Information
The recent media attention surrounding high-profile data breaches has most companies concerned about external threats rather than internal ones, when perhaps the greatest cyber threat to most companies comes from within.
Am I Operating a Franchise?
This seems like a simple question. Am I running a McDonalds or a Best Buy? Easy, right? As a franchisee (an operator of a franchise) it’s fairly simple to answer. But if you own your own business and are keen to expand using a strategy that includes licensing of your brand, even
Culhane Meadows Enters Chicago Seeking Positive Market Disruption
Culhane Meadows PLLC, one of the nation’s largest cloud-based law firms, announces its expansion into Chicago with the addition of three lateral partners: Angela Washelesky (formerly at Reed Smith), Susan Macaulay (formerly at Skadden Arps) and Paula Jill Krasny (formerly at Baker & McKenzie). “Given the number of global companies headquartered in Chicago and its […]
Fewer Bites at the Apple for Trademark Registration Issues?
A party usually gets one chance to establish or dispute a claim, and then one chance to appeal as of right. The application of that rule in a late March decision from the U.S. Supreme Court has trademark lawyers re-thinking the interplay between proceedings before the Trademark Trial and Appeal Board (TTAB) and federal courts […]
NY Partners Dremluk and Jacoby Attend International Vision Expo
Robert Dremluk and David Jacoby, partners in Culhane Meadows’ NewYork office, attended the International Vision Expo East trade fair on Friday, March 20. David was a featured speaker at the Expo’s Continuing Education program on the topic of