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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…
Read MoreIntellectual 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:…
Read MoreIntellectual 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…
Read MoreIntellectual Property Law: When a Cease-and-Desist Letter Arrives, Keep Calm, Carry on, But Do Respond
The arrival of a cease-and-desist letter is an obvious warning; your choice among less obvious options in response may have a profound effect on your defense of any resulting lawsuit. It is usually less costly to bring or to defend a lawsuit in your home city and state than it is to litigate in unfamiliar…
Read MoreGovernment 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…
Read MoreEmployment Law: Out With the Old, in With the New Forms for Employers Using Credit Information in Employment Decisions
As of January 1, any employer that uses an individual’s credit report as grounds for an adverse employment action is required to supply that individual with an updated “Summary of Rights” form under the Fair Credit Reporting Act (“FCRA”). The FCRA form was revised to conform to new financial regulations under the 2010 Dodd-Frank Wall…
Read MoreIn 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…
Read MoreEmployment 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…
Read MoreWhen 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…
Read MoreIntellectual Property Law: Just Because You Paid For That Custom Software Does Not Mean You Own It.
Companies sometimes pay large sums of money to independent contractors to create a custom software program and mistakenly assume that they own the result. Many companies have valuable intellectual property developed within their business, one of which is rights in copyrighted materials. Copyrights do not involve just novels and artwork; they can include software programs,…
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