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Archive for January 2013

Intellectual Property Law: "HarBowl" story offers a lesson on business law

Low barriers to entry in certain businesses breed rapid response and quick-to-market products that capitalize on “in the moment” mania.  Often the in-the-moment-mania products derive from long standing famous trademarks owned by aggressive trademark enforcers.  Buyers should be beware of these types of aggressive trademark enforcers prior to making costly investments. Here is a hint.…

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Intellectual Property Law: The previous play is under review.

“The previous play is under review.” San Francisco 49er’s quarterback Colin Kaepernick is the latest on a long list of celebrities and sports figures to turn to trademark law in the effort to protect something believed to be rightfully theirs. These efforts are sometimes fleeting, and they often bring the ire of fans. However, the…

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Intellectual Property Law: Size Matters for TVs on Super Bowl Sunday

A familiar question dependably re-emerges at about this time each year. It essentially asks “can I get in copyright trouble for having a Super Bowl party with a big screen TV?” This post gives you some ground rules in order to spare everyone from the possibility of being arrested by the copyright police .  (Disclaimer:…

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Intellectual Property Law: The bell has not yet tolled for permanent injunctions in patent cases

On January 10, 2013, the United States District Court, N.D. California, San Jose Division entered a permanent injunction against a patent-infringing defendant in BROCADE COMMUNICATIONS SYSTEMS, INC. v. A10 NETWORKS, INC., Dist. Court, ND California 2013 – Google Scholar. The ruling restrained the defendant and parties in active concert with it from “making, using, selling, or…

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Government Contracts: Timing for Challenges to Solicitation Procedures

Challenges to Solicitation Procedures, Such as Amendments to Solicitations, Must Be Made Before Contracts are Awarded  The Court of Appeals for the Federal Circuit confirmed that, where a protest is based upon a defect in the bid solicitation process, the protest must be made before the bid is awarded. In the case of Comint Systems…

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In Disputes Over Patient Consent, It’s All About the Doctor

For a patient claiming lack of adequate consent to a medical procedure, the fight is with the physician, not the physician’s employer or the hospital where by surgery was performed. Under Maryland law, the duty to provide a patient with informed consent lies with the doctor, a U.S. District Court judge in Maryland ruled last…

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Employment Law: Personal Liability for Wages? It May Depend on the Boss

Though the business entity is normally liable for unpaid wages, employees also may attempt to claim them from individual owners of the employer entity.  In Maryland, an individual construction project manager who is a company owner may be considered an “employer” under the Fair Labor Standards Acts (“FLSA”) and could be liable for unpaid wages…

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When the Appeal Loses Its Appeal

Litigants dissatisfied with the outcome of their trial generally have the right to an appeal.  Deciding whether to exercise that right can be fraught with strategic concerns. If your business finds itself compelled to resolve a dispute at trial, the trial court’s judgment — represented in celluloid by the judge’s gavel banging down — does…

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